1     
SERVICE DISTRICT AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jerry W. Stevenson

5     
House Sponsor: Stephen G. Handy

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to a special service district.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to the creation of a special service district administrative
13     control board;
14          ▸     amends provisions governing the annexation of an area into or addition of a service
15     provided by a special service district; and
16          ▸     makes technical and conforming amendments.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          17D-1-301, as last amended by Laws of Utah 2009, Chapter 356
24          17D-1-401, as last amended by Laws of Utah 2009, Chapter 92
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 17D-1-301 is amended to read:
28          17D-1-301. Governance of a special service district -- Authority to create and
29     delegate authority to an administrative control board -- Limitations on authority to

30     delegate.
31          (1) Each special service district shall be governed by the legislative body of the county
32     or municipality that creates the special service district, subject to any delegation under this
33     section of a right, power, or authority to an administrative control board.
34          (2) At the time a special service district is created or at any time thereafter, the
35     legislative body of a county or municipality that creates a special service district may, by
36     resolution or ordinance:
37          (a) create an administrative control board for the special service district; [and]
38          (b) subject to Subsection (3), delegate to the administrative control board the exercise
39     of any right, power, or authority that the legislative body possesses with respect to the
40     governance of the special service district[.]; and
41          (c) specify the members of the initial administrative control board by name or other
42     designation that clearly identifies each member of the initial administrative control board.
43          (3) A county or municipal legislative body may not delegate to an administrative
44     control board of a special service district the power to:
45          (a) annex an area to an existing special service district or add a service within the area
46     of an existing special service district under Part 4, Annexing a New Area and Adding a New
47     Service;
48          (b) designate, under Section 17D-1-107, the classes of special service district contracts
49     that are subject to Title 11, Chapter 39, Building Improvements and Public Works Projects;
50          (c) levy a tax on the taxable property within the special service district;
51          (d) issue special service district bonds payable from taxes;
52          (e) call or hold an election for the authorization of a property tax or the issuance of
53     bonds;
54          (f) levy an assessment;
55          (g) issue interim warrants or bonds payable from an assessment; or
56          (h) appoint a board of equalization under Section 11-42-403.
57          (4) (a) A county or municipal legislative body that has delegated a right, power, or

58     authority under this section to an administrative control board may at any time modify, limit, or
59     revoke any right, power, or authority delegated to the administrative control board.
60          (b) A modification, limitation, or revocation under Subsection (4)(a) does not affect the
61     validity of an action taken by an administrative control board before the modification,
62     limitation, or revocation.
63          Section 2. Section 17D-1-401 is amended to read:
64          17D-1-401. Annexing an area or adding a service to an existing special service
65     district.
66          (1) Except as provided in Subsections (3) and (4), a county or municipal legislative
67     body acting as the governing body of the special service district may, as provided in this part:
68          (a) annex an area to an existing special service district to provide to that area a service
69     that the special service district is authorized to provide;
70          (b) add a service under Section 17D-1-201 within the area of an existing special service
71     district that the special service district is not already authorized to provide; or
72          (c) both annex an area under Subsection (1)(a) and add a service under Subsection
73     (1)(b).
74          (2) Except for Section 17D-1-209, the provisions of Part 2, Creating a Special Service
75     District, apply to and govern the process of annexing an area to an existing special service
76     district or adding a service that the special service district is not already authorized to provide,
77     to the same extent as if the annexation or addition were the creation of a special service district.
78          (3) A county or municipal legislative body may not:
79          (a) annex an area to an existing special service district if a local district provides to that
80     area the same service that the special service district is proposed to provide to the area, unless
81     the local district consents to the annexation; or
82          (b) add a service within the area of an existing special service district if a local district
83     provides to that area the same service that is proposed to be added, unless the local district
84     consents to the addition.
85          (4) A county or municipal legislative body may not annex an area to an existing special

86     service district or add a service within the area of an existing special service district if the
87     creation of a special service district including that area or providing that service would not be
88     allowed under Part 2, Creating a Special Service District.
89          (5) A county or municipal legislative body may not annex an area to an existing special
90     service district or add a service within the area of an existing special service district if the area
91     is located within a project area described in a project area plan adopted by the military
92     installation development authority under Title 63H, Chapter 1, Military Installation
93     Development Authority Act, unless the county or municipal legislative body has first obtained
94     the authority's approval.