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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to metro townships.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of a municipality in various sections to include a metro
13 township;
14 ▸ addresses the annexation or incorporation of certain areas;
15 ▸ provides for continuity of county process when a metro township is incorporated;
16 ▸ modifies the staff that a county provides to a metro township;
17 ▸ amends provisions related to certain local districts; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-2a-405, as enacted by Laws of Utah 2015, Chapter 352
26 10-3c-103, as enacted by Laws of Utah 2015, Chapter 352
27 10-3c-203, as enacted by Laws of Utah 2015, Chapter 352
28 11-14-102, as last amended by Laws of Utah 2008, Chapter 360
29 11-17-2, as last amended by Laws of Utah 2013, Chapter 345
30 11-39-101, as last amended by Laws of Utah 2012, Chapter 347
31 11-41-102, as last amended by Laws of Utah 2008, Chapters 286 and 384
32 17B-1-102, as last amended by Laws of Utah 2015, Chapter 352
33 17B-1-502, as last amended by Laws of Utah 2015, Chapter 352
34 17B-1-1308, as last amended by Laws of Utah 2009, Chapter 350
35 17B-2a-1106, as last amended by Laws of Utah 2015, Chapter 352
36 17B-2a-1110, as enacted by Laws of Utah 2015, Chapter 352
37 17B-2a-1111, as enacted by Laws of Utah 2015, Chapter 352
38 20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
39 20A-5-301, as last amended by Laws of Utah 2007, Chapter 256
40 20A-6-401, as last amended by Laws of Utah 2012, Chapter 68
41 20A-6-402, as last amended by Laws of Utah 2014, Chapter 169
42 20A-7-101, as last amended by Laws of Utah 2014, Chapters 364 and 396
43 20A-7-501, as last amended by Laws of Utah 2011, Chapter 17
44 32B-1-102, as last amended by Laws of Utah 2013, Chapter 349
45 32B-1-202, as enacted by Laws of Utah 2010, Chapter 276
46 32B-2-402, as last amended by Laws of Utah 2014, Chapter 119
47 32B-4-202, as enacted by Laws of Utah 2010, Chapter 276
48 32B-5-403, as enacted by Laws of Utah 2010, Chapter 276
49 52-1-1, Utah Code Annotated 1953
50 63G-6a-103, as last amended by Laws of Utah 2015, Chapters 218 and 464
51 63I-1-220, as last amended by Laws of Utah 2014, Chapter 231
52 ENACTS:
53 10-2a-414, Utah Code Annotated 1953
54 52-1-5.1, Utah Code Annotated 1953
55
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 10-2a-405 is amended to read:
58 10-2a-405. Duties of county legislative body -- Public hearing -- Notice -- Other
59 election and incorporation issues -- Rural real property excluded.
60 (1) The legislative body of a county of the first class shall before an election described
61 in Section 10-2a-404:
62 (a) in accordance with Subsection (3), publish notice of the public hearing described in
63 Subsection (1)(b);
64 (b) hold a public hearing; and
65 (c) at the public hearing, adopt a resolution:
66 (i) identifying, including a map prepared by the county surveyor, all unincorporated
67 islands within the county;
68 (ii) identifying each eligible city that will annex each unincorporated island, including
69 whether the unincorporated island may be annexed by one eligible city or divided and annexed
70 by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
71 and
72 (iii) identifying, including a map prepared by the county surveyor, the planning
73 townships within the county and any changes to the boundaries of a planning township that the
74 county legislative body proposes under Subsection (5).
75 (2) The county legislative body shall exclude from a resolution adopted under
76 Subsection (1)(c) rural real property unless the owner of the rural real property provides written
77 consent to include the property in accordance with Subsection [
78 (3) (a) The county clerk shall publish notice of the public hearing described in
79 Subsection (1)(b):
80 (i) by mailing notice to each owner of real property located in an unincorporated island
81 or planning township no later than 15 days before the day of the public hearing;
82 (ii) at least once a week for three successive weeks in a newspaper of general
83 circulation within each unincorporated island, each eligible city, and each planning township;
84 and
85 (iii) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
86 before the day of the public hearing.
87 (b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
88 three days before the first public hearing required under Subsection (1)(b).
89 (c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
90 within an unincorporated island, an eligible city, or a planning township, the county clerk shall
91 post at least one notice of the hearing per 1,000 population in conspicuous places within the
92 selected unincorporated island, eligible city, or planning township, as applicable, that are most
93 likely to give notice of the hearing to the residents of the unincorporated island, eligible city, or
94 planning township.
95 (ii) The clerk shall post the notices under Subsection (3)(c)(i) at least seven days before
96 the hearing under Subsection (1)(b).
97 (d) The notice under Subsection (3)(a) or (c) shall include:
98 (i) (A) for a resident of an unincorporated island, a statement that the property in the
99 unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
100 an eligible city, including divided and annexed by multiple cities if applicable, and the name of
101 the eligible city or cities; or
102 (B) for residents of a planning township, a statement that the property in the planning
103 township shall be, pending the results of the election held under Section 10-2a-404,
104 incorporated as a city, town, or metro township;
105 (ii) the location and time of the public hearing; and
106 (iii) the county website where a map may be accessed showing:
107 (A) how the unincorporated island boundaries will change if annexed by an eligible
108 city; or
109 (B) how the planning township area boundaries will change, if applicable under
110 Subsection (5), when the planning township incorporates as a metro township or as a city or
111 town.
112 (e) The county clerk shall publish a map described in Subsection (3)(d)(iii) on the
113 county website.
114 (4) The county legislative body may, by ordinance or resolution adopted at a public
115 meeting and in accordance with applicable law, resolve an issue that arises with an election
116 held in accordance with this part or the incorporation and establishment of a metro township in
117 accordance with this part.
118 (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
119 meeting, change the boundaries of a planning township.
120 (b) A change to a planning township boundary under this Subsection (5) is effective
121 only upon the vote of the residents of the planning township at an election under Section
122 10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
123 boundaries of the planning township before the election.
124 (c) The county legislative body:
125 (i) may alter a planning township boundary under Subsection (5)(a) only if the
126 alteration:
127 (A) affects less than 5% of the residents residing within the planning advisory area; and
128 (B) does not increase the area located within the planning township's boundaries; and
129 (ii) may not alter the boundaries of a planning township whose boundaries are entirely
130 surrounded by one or more municipalities.
131 (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
132 annexation or an incorporation process that, if approved, would change the boundaries of a
133 planning township.
134 [
135 (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
136 (ii) that does not include residential units with a density greater than one unit per acre.
137 (b) Unless an owner of rural real property gives written consent to a county legislative
138 body, rural real property described in Subsection [
139 (i) included in a planning township identified under Subsection (1)(c); or
140 (ii) incorporated as part of a metro township, city, or town, in accordance with this
141 part.
142 (c) The following rural real property is subject to an owner's written consent under
143 Subsection [
144 (i) rural real property that consists of 1,500 or more contiguous acres of real property
145 consisting of one or more tax parcels;
146 (ii) rural real property that is not contiguous to, but used in connection with, rural real
147 property that consists of 1,500 or more contiguous acres of real property consisting of one or
148 more tax parcels;
149 (iii) rural real property that is owned, managed, or controlled by a person, company, or
150 association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
151 contiguous acres of rural real property consisting of one or more tax parcels; or
152 (iv) rural real property that is located in whole or in part in one of the following as
153 defined in Section 17-41-101:
154 (A) an agricultural protection area;
155 (B) an industrial protection area; or
156 (C) a mining protection area.
157 Section 2. Section 10-2a-414 is enacted to read:
158 10-2a-414. Transition -- Continuity of county process.
159 When a metro township is incorporated:
160 (1) the operations, services, and functions provided by the county shall continue with
161 as little interruption as possible as the operations, services, and functions are assumed by the
162 metro township;
163 (2) all proceedings pending before the county shall continue without change until
164 altered by a valid metro township ordinance, action, or decision; and
165 (3) each county ordinance in effect on the day on which the metro township is
166 incorporated shall remain in effect as a metro township ordinance until the metro township
167 council amends or repeals the ordinance.
168 Section 3. Section 10-3c-103 is amended to read:
169 10-3c-103. Status and powers.
170 A metro township:
171 (1) is:
172 (a) a body corporate and politic with perpetual succession;
173 (b) a [
174 (c) a political subdivision of the state; and
175 (2) may:
176 (a) sue and be sued[
177 (b) except where expressly prohibited, exercise any power or responsibility generally
178 granted to a municipality.
179 Section 4. Section 10-3c-203 is amended to read:
180 10-3c-203. Administrative and operational services -- Staff provided by county or
181 municipal services district.
182 (1) (a) The following officials elected or appointed, or persons employed by, the county
183 in which a [
184 complying with applicable law, fulfill the responsibilities and hold the following metro
185 township offices or positions:
186 (i) the county treasurer shall fulfill the duties and hold the powers of treasurer for the
187 metro township;
188 (ii) the county clerk shall fulfill the duties and hold the powers of recorder and clerk for
189 the metro township;
190 (iii) the county surveyor shall fulfill, on behalf of the metro township, all surveyor
191 duties imposed by law;
192 (iv) the county engineer shall fulfill the duties and hold the powers of engineer for the
193 metro township; and
194 [
195 [
196 hold the powers of auditor for the metro township.
197 (b) (i) The county auditor shall fulfill the duties and hold the powers of auditor for the
198 metro township to the extent that the county auditor's powers and duties are described in and
199 delegated to the county auditor in accordance with Title 17, Chapter 19a, County Auditor, and
200 a municipal auditor's powers and duties described in this title are the same.
201 (ii) Notwithstanding Subsection (1)(b), in a metro township, services described in
202 Sections 17-19a-203, 17-19a-204, and 17-19a-205, and services other than those described in
203 Subsection (1)(b)(i) that are provided by a municipal auditor in accordance with this title that
204 are required by law, shall be performed by county staff other than the county auditor.
205 (2) (a) Nothing in Subsection (1) may be construed to relieve an official described in
206 Subsections (1)(a)(i) through (iv) of a duty to either the county or metro township or a duty to
207 fulfill that official's position as required by law.
208 (b) Notwithstanding Subsection (2)(a), an official or the official's deputy or other
209 person described in Subsections (1)(a)(i) through (iv):
210 (i) is elected, appointed, or otherwise employed, in accordance with the provisions of
211 Title 17, Counties, as applicable to that official's or person's county office;
212 (ii) is paid a salary and benefits and subject to employment discipline in accordance
213 with the provisions of Title 17, Counties, as applicable to that official's or person's county
214 office;
215 (iii) is not subject to:
216 (A) Chapter 3, Part 11, Personnel Rules and Benefits; or
217 (B) Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and
218 (iv) is not required to provide a bond for the applicable municipal office if a bond for
219 the office is required by this title.
220 (3) The district attorney of the county in which a metro township is located may
221 provide legal counsel to the metro township if the county and the metro township agree.
222 [
223 Section 10-9a-301 and an appeal authority in accordance with Section 10-9a-701.
224 [
225 Chapter 2a, Part 11, Municipal Services District Act, and of which the metro township is a
226 part, may provide staff to the metro township planning commission and appeal authority.
227 [
228 (i) the electors at an election under Section 10-2a-404 chose a metro township that is
229 included in a municipal services district and has limited municipal powers; or
230 (ii) the metro township subsequently joins a municipal services district.
231 (b) This section does not apply to a metro township described in Subsection [
232 if the municipal services district is dissolved.
233 Section 5. Section 11-14-102 is amended to read:
234 11-14-102. Definitions.
235 For the purpose of this chapter:
236 (1) "Bond" means any bond authorized to be issued under this chapter, including
237 municipal bonds.
238 (2) "Election results" has the same meaning as defined in Section 20A-1-102.
239 (3) "Governing body" means:
240 (a) for a county, city, [
241 city, or town;
242 (b) for a local district, the board of trustees of the local district;
243 (c) for a school district, the local board of education; or
244 (d) for a special service district under Title 17D, Chapter 1, Special Service District
245 Act:
246 (i) the governing body of the county or municipality that created the special service
247 district, if no administrative control board has been established under Section 17D-1-301; or
248 (ii) the administrative control board, if one has been established under Section
249 17D-1-301 and the power to issue bonds not payable from taxes has been delegated to the
250 administrative control board.
251 (4) "Local district" means a district operating under Title 17B, Limited Purpose Local
252 Government Entities - Local Districts.
253 (5) (a) "Local political subdivision" means a county, city, town, metro township, school
254 district, local district, or special service district.
255 (b) "Local political subdivision" does not include the state and its institutions.
256 Section 6. Section 11-17-2 is amended to read:
257 11-17-2. Definitions.
258 As used in this chapter:
259 (1) "Bonds" means bonds, notes, or other evidences of indebtedness.
260 (2) "Energy efficiency upgrade" means an improvement that is permanently affixed to
261 real property and that is designed to reduce energy consumption, including:
262 (a) insulation in:
263 (i) a wall, ceiling, roof, floor, or foundation; or
264 (ii) a heating or cooling distribution system;
265 (b) an insulated window or door, including:
266 (i) a storm window or door;
267 (ii) a multiglazed window or door;
268 (iii) a heat-absorbing window or door;
269 (iv) a heat-reflective glazed and coated window or door;
270 (v) additional window or door glazing;
271 (vi) a window or door with reduced glass area; or
272 (vii) other window or door modifications that reduce energy loss;
273 (c) an automatic energy control system;
274 (d) in a building or a central plant, a heating, ventilation, or air conditioning and
275 distribution system;
276 (e) caulking or weatherstripping;
277 (f) a light fixture that does not increase the overall illumination of a building unless an
278 increase is necessary to conform with the applicable building code;
279 (g) an energy recovery system;
280 (h) a daylighting system;
281 (i) measures to reduce the consumption of water, through conservation or more
282 efficient use of water, including:
283 (i) installation of a low-flow toilet or showerhead;
284 (ii) installation of a timer or timing system for a hot water heater; or
285 (iii) installation of a rain catchment system; or
286 (j) any other modified, installed, or remodeled fixture that is approved as a utility
287 cost-savings measure by the governing body.
288 (3) "Finance" or "financing" includes the issuing of bonds by a municipality, county, or
289 state university for the purpose of using a portion, or all or substantially all of the proceeds to
290 pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the
291 acquisition of facilities of a project, or to create funds for the project itself where appropriate,
292 whether these costs are incurred by the municipality, the county, the state university, the user,
293 or a designee of the user. If title to or in these facilities at all times remains in the user, the
294 bonds of the municipality or county shall be secured by a pledge of one or more notes,
295 debentures, bonds, other secured or unsecured debt obligations of the user or lender, or the
296 sinking fund or other arrangement as in the judgment of the governing body is appropriate for
297 the purpose of assuring repayment of the bond obligations to investors in accordance with their
298 terms.
299 (4) "Governing body" means:
300 (a) for a county, city, [
301 city, [
302 (b) for the military installation development authority created in Section 63H-1-201,
303 the authority board, as defined in Section 63H-1-102;
304 (c) for a state university except as provided in Subsection (4)(d), the board or body
305 having the control and supervision of the state university; and
306 (d) for a nonprofit corporation or foundation created by and operating under the
307 auspices of a state university, the board of directors or board of trustees of that corporation or
308 foundation.
309 (5) (a) "Industrial park" means land, including all necessary rights, appurtenances,
310 easements, and franchises relating to it, acquired and developed by a municipality, county, or
311 state university for the establishment and location of a series of sites for plants and other
312 buildings for industrial, distribution, and wholesale use.
313 (b) "Industrial park" includes the development of the land for an industrial park under
314 this chapter or the acquisition and provision of water, sewerage, drainage, street, road,
315 sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or
316 any combination of them, but only to the extent that these facilities are incidental to the use of
317 the land as an industrial park.
318 (6) "Lender" means a trust company, savings bank, savings and loan association, bank,
319 credit union, or any other lending institution that lends, loans, or leases proceeds of a financing
320 to the user or a user's designee.
321 (7) "Mortgage" means a mortgage, trust deed, or other security device.
322 (8) "Municipality" means any incorporated city [
323 state, including cities or towns operating under home rule charters.
324 (9) "Pollution" means any form of environmental pollution including water pollution,
325 air pollution, pollution caused by solid waste disposal, thermal pollution, radiation
326 contamination, or noise pollution.
327 (10) (a) "Project" means:
328 (i) an industrial park, land, interest in land, building, structure, facility, system, fixture,
329 improvement, appurtenance, machinery, equipment, or any combination of them, whether or
330 not in existence or under construction:
331 (A) that is suitable for industrial, manufacturing, warehousing, research, business, and
332 professional office building facilities, commercial, shopping services, food, lodging, low
333 income rental housing, recreational, or any other business purposes;
334 (B) that is suitable to provide services to the general public;
335 (C) that is suitable for use by any corporation, person, or entity engaged in health care
336 services, including hospitals, nursing homes, extended care facilities, facilities for the care of
337 persons with a physical or mental disability, and administrative and support facilities; or
338 (D) that is suitable for use by a state university for the purpose of aiding in the
339 accomplishment of its authorized academic, scientific, engineering, technical, and economic
340 development functions;
341 (ii) any land, interest in land, building, structure, facility, system, fixture, improvement,
342 appurtenance, machinery, equipment, or any combination of them, used by any individual,
343 partnership, firm, company, corporation, public utility, association, trust, estate, political
344 subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns,
345 for the reduction, abatement, or prevention of pollution, including the removal or treatment of
346 any substance in process material, if that material would cause pollution if used without the
347 removal or treatment;
348 (iii) an energy efficiency upgrade;
349 (iv) a renewable energy system;
350 (v) facilities, machinery, or equipment, the manufacturing and financing of which will
351 maintain or enlarge domestic or foreign markets for Utah industrial products; or
352 (vi) any economic development or new venture investment fund to be raised other than
353 from:
354 (A) municipal or county general fund money;
355 (B) money raised under the taxing power of any county or municipality; or
356 (C) money raised against the general credit of any county or municipality.
357 (b) "Project" does not include any property, real, personal, or mixed, for the purpose of
358 the construction, reconstruction, improvement, or maintenance of a public utility as defined in
359 Section 54-2-1.
360 (11) "Renewable energy system" means a product, system, device, or interacting group
361 of devices that is permanently affixed to real property and that produces energy from renewable
362 resources, including:
363 (a) a photovoltaic system;
364 (b) a solar thermal system;
365 (c) a wind system;
366 (d) a geothermal system, including:
367 (i) a direct-use system; or
368 (ii) a ground source heat pump system;
369 (e) a micro-hydro system; or
370 (f) another renewable energy system approved by the governing body.
371 (12) "State university" means an institution of higher education as described in Section
372 53B-2-101 and includes any nonprofit corporation or foundation created by and operating
373 under their authority.
374 (13) "User" means the person, whether natural or corporate, who will occupy, operate,
375 maintain, and employ the facilities of, or manage and administer a project after the financing,
376 acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise.
377 Section 7. Section 11-39-101 is amended to read:
378 11-39-101. Definitions.
379 As used in this chapter:
380 (1) "Bid limit" means:
381 (a) for a building improvement:
382 (i) for the year 2003, $40,000; and
383 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
384 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
385 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
386 year; and
387 (b) for a public works project:
388 (i) for the year 2003, $125,000; and
389 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
390 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
391 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
392 year.
393 (2) "Building improvement":
394 (a) means the construction or repair of a public building or structure; and
395 (b) does not include construction or repair at an international airport.
396 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
397 Consumers as published by the Bureau of Labor Statistics of the United States Department of
398 Labor.
399 (4) "Design-build project":
400 (a) means a building improvement or public works project costing over $250,000 with
401 respect to which both the design and construction are provided for in a single contract with a
402 contractor or combination of contractors capable of providing design-build services; and
403 (b) does not include a building improvement or public works project:
404 (i) that is undertaken by a local entity under contract with a construction manager that
405 guarantees the contract price and is at risk for any amount over the contract price; and
406 (ii) each component of which is competitively bid.
407 (5) "Design-build services" means the engineering, architectural, and other services
408 necessary to formulate and implement a design-build project, including its actual construction.
409 (6) "Emergency repairs" means a building improvement or public works project
410 undertaken on an expedited basis to:
411 (a) eliminate an imminent risk of damage to or loss of public or private property;
412 (b) remedy a condition that poses an immediate physical danger; or
413 (c) reduce a substantial, imminent risk of interruption of an essential public service.
414 (7) "Governing body" means:
415 (a) for a county, city, [
416 city, [
417 (b) for a local district, the board of trustees of the local district; and
418 (c) for a special service district:
419 (i) the legislative body of the county, city, or town that established the special service
420 district, if no administrative control board has been appointed under Section 17D-1-301; or
421 (ii) the administrative control board of the special service district, if an administrative
422 control board has been appointed under Section 17D-1-301.
423 (8) "Local district" has the same meaning as defined in Section 17B-1-102.
424 (9) "Local entity" means a county, city, town, metro township, local district, or special
425 service district.
426 (10) "Lowest responsive responsible bidder" means a prime contractor who:
427 (a) has submitted a bid in compliance with the invitation to bid and within the
428 requirements of the plans and specifications for the building improvement or public works
429 project;
430 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
431 strength, past performance, integrity, reliability, and other factors that the local entity uses to
432 assess the ability of a bidder to perform fully and in good faith the contract requirements;
433 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
434 prime contract; and
435 (d) furnishes a payment and performance bond as required by law.
436 (11) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah
437 Procurement Code.
438 (12) "Public works project":
439 (a) means the construction of:
440 (i) a park or recreational facility; or
441 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
442 flood control; and
443 (b) does not include:
444 (i) the replacement or repair of existing infrastructure on private property;
445 (ii) construction commenced before June 1, 2003; and
446 (iii) construction or repair at an international airport.
447 (13) "Special service district" has the same meaning as defined in Section 17D-1-102.
448 Section 8. Section 11-41-102 is amended to read:
449 11-41-102. Definitions.
450 As used in this chapter:
451 (1) "Agreement" means an oral or written agreement between a:
452 (a) (i) county; or
453 (ii) municipality; and
454 (b) person.
455 (2) "Municipality" means a:
456 (a) city; [
457 (b) town[
458 (c) metro township.
459 (3) "Payment" includes:
460 (a) a payment;
461 (b) a rebate;
462 (c) a refund; or
463 (d) an amount similar to Subsections (3)(a) through (c).
464 (4) "Regional retail business" means a:
465 (a) retail business that occupies a floor area of more than 80,000 square feet;
466 (b) dealer as defined in Section 41-1a-102;
467 (c) retail shopping facility that has at least two anchor tenants if the total number of
468 anchor tenants in the shopping facility occupy a total floor area of more than 150,000 square
469 feet; or
470 (d) grocery store that occupies a floor area of more than 30,000 square feet.
471 (5) (a) "Sales and use tax" means a tax:
472 (i) imposed on transactions within a:
473 (A) county; or
474 (B) municipality; and
475 (ii) except as provided in Subsection (5)(b), authorized under Title 59, Chapter 12,
476 Sales and Use Tax Act.
477 (b) Notwithstanding Subsection (5)(a)(ii), "sales and use tax" does not include a tax
478 authorized under:
479 (i) Subsection 59-12-103(2)(a)(i);
480 (ii) Subsection 59-12-103(2)(b)(i);
481 (iii) Subsection 59-12-103(2)(c)(i);
482 (iv) Subsection 59-12-103(2)(d)(i)(A);
483 (v) Section 59-12-301;
484 (vi) Section 59-12-352;
485 (vii) Section 59-12-353;
486 (viii) Section 59-12-603; or
487 (ix) Section 59-12-1201.
488 (6) (a) "Sales and use tax incentive payment" means a payment of revenues:
489 (i) to a person;
490 (ii) by a:
491 (A) county; or
492 (B) municipality;
493 (iii) to induce the person to locate or relocate a regional retail business within the:
494 (A) county; or
495 (B) municipality; and
496 (iv) that are derived from a sales and use tax.
497 (b) "Sales and use tax incentive payment" does not include funding for public
498 infrastructure.
499 Section 9. Section 17B-1-102 is amended to read:
500 17B-1-102. Definitions.
501 As used in this title:
502 (1) "Appointing authority" means the person or body authorized to make an
503 appointment to the board of trustees.
504 (2) "Basic local district":
505 (a) means a local district that is not a specialized local district; and
506 (b) includes an entity that was, under the law in effect before April 30, 2007, created
507 and operated as a local district, as defined under the law in effect before April 30, 2007.
508 (3) "Bond" means:
509 (a) a written obligation to repay borrowed money, whether denominated a bond, note,
510 warrant, certificate of indebtedness, or otherwise; and
511 (b) a lease agreement, installment purchase agreement, or other agreement that:
512 (i) includes an obligation by the district to pay money; and
513 (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
514 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
515 Act.
516 (4) "Cemetery maintenance district" means a local district that operates under and is
517 subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District
518 Act, including an entity that was created and operated as a cemetery maintenance district under
519 the law in effect before April 30, 2007.
520 (5) "Drainage district" means a local district that operates under and is subject to the
521 provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
522 was created and operated as a drainage district under the law in effect before April 30, 2007.
523 (6) "Facility" or "facilities" includes any structure, building, system, land, water right,
524 water, or other real or personal property required to provide a service that a local district is
525 authorized to provide, including any related or appurtenant easement or right-of-way,
526 improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
527 (7) "Fire protection district" means a local district that operates under and is subject to
528 the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an
529 entity that was created and operated as a fire protection district under the law in effect before
530 April 30, 2007.
531 (8) "General obligation bond":
532 (a) means a bond that is directly payable from and secured by ad valorem property
533 taxes that are:
534 (i) levied:
535 (A) by the district that issues the bond; and
536 (B) on taxable property within the district; and
537 (ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
538 and
539 (b) does not include:
540 (i) a short-term bond;
541 (ii) a tax and revenue anticipation bond; or
542 (iii) a special assessment bond.
543 (9) "Improvement assurance" means a surety bond, letter of credit, cash, or other
544 security:
545 (a) to guarantee the proper completion of an improvement;
546 (b) that is required before a local district may provide a service requested by a service
547 applicant; and
548 (c) that is offered to a local district to induce the local district before construction of an
549 improvement begins to:
550 (i) provide the requested service; or
551 (ii) commit to provide the requested service.
552 (10) "Improvement assurance warranty" means a promise that the materials and
553 workmanship of an improvement:
554 (a) comply with standards adopted by a local district; and
555 (b) will not fail in any material respect within an agreed warranty period.
556 (11) "Improvement district" means a local district that operates under and is subject to
557 the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
558 entity that was created and operated as a county improvement district under the law in effect
559 before April 30, 2007.
560 (12) "Irrigation district" means a local district that operates under and is subject to the
561 provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that
562 was created and operated as an irrigation district under the law in effect before April 30, 2007.
563 (13) "Local district" means a limited purpose local government entity, as described in
564 Section 17B-1-103, that operates under, is subject to, and has the powers set forth in:
565 (a) this chapter; or
566 (b) (i) this chapter; and
567 (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
568 (B) Chapter 2a, Part 2, Drainage District Act;
569 (C) Chapter 2a, Part 3, Fire Protection District Act;
570 (D) Chapter 2a, Part 4, Improvement District Act;
571 (E) Chapter 2a, Part 5, Irrigation District Act;
572 (F) Chapter 2a, Part 6, Metropolitan Water District Act;
573 (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
574 (H) Chapter 2a, Part 8, Public Transit District Act;
575 (I) Chapter 2a, Part 9, Service Area Act;
576 (J) Chapter 2a, Part 10, Water Conservancy District Act; or
577 (K) Chapter 2a, Part 11, Municipal Services District Act.
578 (14) "Metropolitan water district" means a local district that operates under and is
579 subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
580 Act, including an entity that was created and operated as a metropolitan water district under the
581 law in effect before April 30, 2007.
582 (15) "Mosquito abatement district" means a local district that operates under and is
583 subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
584 Act, including an entity that was created and operated as a mosquito abatement district under
585 the law in effect before April 30, 2007.
586 (16) "Municipal" means of or relating to a municipality.
587 (17) "Municipality" means a city [
588 (18) "Municipal services district" means a local district that operates under and is
589 subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District
590 Act.
591 (19) "Person" means an individual, corporation, partnership, organization, association,
592 trust, governmental agency, or other legal entity.
593 (20) "Political subdivision" means a county, city, town, metro township, local district
594 under this title, special service district under Title 17D, Chapter 1, Special Service District Act,
595 an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal
596 Cooperation Act, or any other governmental entity designated in statute as a political
597 subdivision of the state.
598 (21) "Private," with respect to real property, means not owned by the United States or
599 any agency of the federal government, the state, a county, or a political subdivision.
600 (22) "Public entity" means:
601 (a) the United States or an agency of the United States;
602 (b) the state or an agency of the state;
603 (c) a political subdivision of the state or an agency of a political subdivision of the
604 state;
605 (d) another state or an agency of that state; or
606 (e) a political subdivision of another state or an agency of that political subdivision.
607 (23) "Public transit district" means a local district that operates under and is subject to
608 the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an
609 entity that was created and operated as a public transit district under the law in effect before
610 April 30, 2007.
611 (24) "Revenue bond":
612 (a) means a bond payable from designated taxes or other revenues other than the local
613 district's ad valorem property taxes; and
614 (b) does not include:
615 (i) an obligation constituting an indebtedness within the meaning of an applicable
616 constitutional or statutory debt limit;
617 (ii) a tax and revenue anticipation bond; or
618 (iii) a special assessment bond.
619 (25) "Rules of order and procedure" means a set of rules that govern and prescribe in a
620 public meeting:
621 (a) parliamentary order and procedure;
622 (b) ethical behavior; and
623 (c) civil discourse.
624 (26) "Service applicant" means a person who requests that a local district provide a
625 service that the local district is authorized to provide.
626 (27) "Service area" means a local district that operates under and is subject to the
627 provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
628 created and operated as a county service area or a regional service area under the law in effect
629 before April 30, 2007.
630 (28) "Short-term bond" means a bond that is required to be repaid during the fiscal year
631 in which the bond is issued.
632 (29) "Special assessment" means an assessment levied against property to pay all or a
633 portion of the costs of making improvements that benefit the property.
634 (30) "Special assessment bond" means a bond payable from special assessments.
635 (31) "Specialized local district" means a local district that is a cemetery maintenance
636 district, a drainage district, a fire protection district, an improvement district, an irrigation
637 district, a metropolitan water district, a mosquito abatement district, a public transit district, a
638 service area, a water conservancy district, or a municipal services district.
639 (32) "Taxable value" means the taxable value of property as computed from the most
640 recent equalized assessment roll for county purposes.
641 (33) "Tax and revenue anticipation bond" means a bond:
642 (a) issued in anticipation of the collection of taxes or other revenues or a combination
643 of taxes and other revenues; and
644 (b) that matures within the same fiscal year as the fiscal year in which the bond is
645 issued.
646 (34) "Unincorporated" means not included within a municipality.
647 (35) "Water conservancy district" means a local district that operates under and is
648 subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District
649 Act, including an entity that was created and operated as a water conservancy district under the
650 law in effect before April 30, 2007.
651 (36) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel,
652 power plant, and any facility, improvement, or property necessary or convenient for supplying
653 or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local
654 district.
655 Section 10. Section 17B-1-502 is amended to read:
656 17B-1-502. Withdrawal of area from local district -- Automatic withdrawal in
657 certain circumstances.
658 (1) (a) An area within the boundaries of a local district may be withdrawn from the
659 local district only as provided in this part or, if applicable, as provided in Chapter 2a, Part 11,
660 Municipal Services District Act.
661 (b) Except as provided in Subsections (2) and (3), the inclusion of an area of a local
662 district within a municipality because of a municipal incorporation under Title 10, Chapter 2a,
663 Municipal Incorporation, or a municipal annexation or boundary adjustment under Title 10,
664 Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
665 of withdrawing that area from the local district.
666 (2) (a) An area within the boundaries of a local district is automatically withdrawn
667 from the local district by the annexation of the area to a municipality or the adding of the area
668 to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
669 (i) the local district provides:
670 (A) fire protection, paramedic, and emergency services; or
671 (B) law enforcement service;
672 (ii) an election for the creation of the local district was not required because of
673 Subsection 17B-1-214(3)(d) or (g); and
674 (iii) before annexation or boundary adjustment, the boundaries of the local district do
675 not include any of the annexing municipality.
676 (b) The effective date of a withdrawal under this Subsection (2) is governed by
677 Subsection 17B-1-512(2)(b).
678 (3) (a) Except as provided in Subsection (3)(c) or (d), an area within the boundaries of
679 a local district located in a county of the first class is automatically withdrawn from the local
680 district by the incorporation of a municipality whose boundaries include the area if:
681 (i) the local district provides[
682
683 excluding fire protection, paramedic, emergency, and law enforcement services;
684 (ii) an election for the creation of the local district was not required because of
685 Subsection 17B-1-214(3)[
686 (iii) the legislative body of the newly incorporated municipality:
687 (A) for a city or town incorporated under Title 10, Chapter 2a, Part 4, Incorporation of
688 Metro Townships and Unincorporated Islands in a County of the First Class on and after May
689 12, 2015, complies with the feasibility study requirements of Section 17B-2a-1110;
690 (B) adopts a resolution no later than 180 days after the effective date of incorporation
691 approving the withdrawal that includes the legal description of the area to be withdrawn; and
692 (C) delivers a copy of the resolution to the board of trustees of the local district.
693 (b) The effective date of a withdrawal under this Subsection (3) is governed by
694 Subsection 17B-1-512(2)(a).
695 (c) Section 17B-1-505 shall govern the withdrawal of an incorporated area within a
696 county of the first class [
697
698 (i) the local district from which the area is withdrawn provides:
699 (A) fire protection, paramedic, and emergency services;
700 (B) law enforcement service; or
701 (C) municipal services, as defined in Section 17B-2a-1102; [
702 (ii) an election for the creation of the local district was not required under Subsection
703 17B-1-214(3)(d) or (g)[
704 (iii) for a local district that provides municipal services, as defined in Section
705 17B-2a-1102, excluding fire protection, paramedic, emergency, and law enforcement services,
706 the 180-day period described in Subsection (3)(a)(iii)(B) is expired.
707 (d) An area [
708 provides municipal services, as defined in Section 17B-2a-1102, excluding fire protection,
709 paramedic, emergency, and law enforcement services, if:
710 (i) the area is incorporated as a metro township; and [
711
712 (ii) at the election to incorporate as a metro township, the residents of the area chose to
713 be included in a municipal services district [
714
715 Section 11. Section 17B-1-1308 is amended to read:
716 17B-1-1308. Dissolution resolution -- Limitations on dissolution -- Distribution of
717 remaining assets -- Notice to lieutenant governor -- Recording requirements.
718 (1) After the public hearing required under Section 17B-1-1306 and subject to
719 Subsection (2), the administrative body may adopt a resolution approving dissolution of the
720 local district.
721 (2) A resolution under Subsection (1) may not be adopted unless:
722 (a) any outstanding debt of the local district is:
723 (i) satisfied and discharged in connection with the dissolution; or
724 (ii) assumed by another governmental entity with the consent of all the holders of that
725 debt and all the holders of other debts of the local district;
726 (b) for a local district that has provided service during the preceding three years or
727 undertaken planning or other activity preparatory to providing service:
728 (i) another entity has committed to provide the same service to the area being served or
729 proposed to be served by the local district; and
730 (ii) all who are to receive the service have consented to the service being provided by
731 the other entity; and
732 (c) all outstanding contracts to which the local district is a party are resolved through
733 mutual termination or the assignment of the district's rights, duties, privileges, and
734 responsibilities to another entity with the consent of the other parties to the contract.
735 (3) (a) (i) Any assets of the local district remaining after paying all debts and other
736 obligations of the local district shall be used to pay costs associated with the dissolution
737 process under this part.
738 (ii) Any costs of the dissolution process remaining after exhausting the remaining
739 assets of the local district under Subsection (3)(a)(i) shall be paid by the administrative body.
740 (b) Any assets of the local district remaining after application of Subsection (3)(a) shall
741 be distributed:
742 (i) proportionately to the owners of real property within the dissolved local district if
743 there is a readily identifiable connection between a financial burden borne by the real property
744 owners in the district and the remaining assets; or
745 (ii) except as provided in Subsection (3)(b)(i), to each county, city, [
746 township in which the dissolved local district was located before dissolution in the same
747 proportion that the land area of the local district located within the unincorporated area of the
748 county or within the city [
749 (4) (a) The administrative body shall:
750 (i) within 30 days after adopting a resolution approving dissolution, file with the
751 lieutenant governor a copy of a notice of an impending boundary action, as defined in Section
752 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
753 (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
754 67-1a-6.5:
755 (A) if the local district was located within the boundary of a single county, submit to
756 the recorder of that county:
757 (I) the original:
758 (Aa) notice of an impending boundary action; and
759 (Bb) certificate of dissolution; and
760 (II) a certified copy of the resolution adopted under Subsection (1); or
761 (B) if the local district was located within the boundaries of more than a single county:
762 (I) submit to the recorder of one of those counties:
763 (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa) and (Bb);
764 and
765 (Bb) a certified copy of the resolution adopted under Subsection (1); and
766 (II) submit to the recorder of each other county:
767 (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa) and
768 (Bb); and
769 (Bb) a certified copy of the resolution adopted under Subsection (1).
770 (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
771 Section 67-1a-6.5, the local district is dissolved.
772 Section 12. Section 17B-2a-1106 is amended to read:
773 17B-2a-1106. Municipal services district board of trustees -- Governance.
774 (1) Except as provided in Subsection (2), and notwithstanding any other provision of
775 law regarding the membership of a local district board of trustees, the initial board of trustees
776 of a municipal services district shall consist of the county legislative body.
777 (2) (a) Notwithstanding any provision of law regarding the membership of a local
778 district board of trustees or the governance of a local district, and, except as provided in
779 Subsection (3), if a municipal services district is created in a county of the first class with the
780 county executive-council form of government, the initial governance of the municipal services
781 district is as follows:
782 (i) subject to Subsection (2)(b), the county council is the municipal services district
783 board of trustees; and
784 (ii) subject to Subsection (2)(c), the county executive is the executive of the municipal
785 services district.
786 (b) Notwithstanding any other provision of law, the board of trustees of a municipal
787 services district described in Subsection (2)(a) shall:
788 (i) act as the legislative body of the district; and
789 (ii) exercise legislative branch powers and responsibilities established for county
790 legislative bodies in:
791 (A) Title 17, Counties; and
792 (B) an optional plan, as defined in Section 17-52-101, adopted for a county
793 executive-council form of county government as described in Section 17-52-504.
794 (c) Notwithstanding any other provision of law, in a municipal services district
795 described in Subsection (2)(a), the executive of the district shall:
796 (i) act as the executive of the district; [
797 (ii) nominate a general manager of the municipal services district, subject to the advice
798 and consent of the board of trustees; and
799 [
800 county executive in:
801 (A) Title 17, Counties; and
802 (B) an optional plan, as defined in Section 17-52-101, adopted for a county
803 executive-council form of county government as described in Section 17-52-504.
804 (3) (a) If, after the initial creation of a municipal services district, an area within the
805 district is incorporated as a municipality as defined in Section 10-1-104 and the area is not
806 withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area
807 within the municipality is annexed into the municipal services district in accordance with
808 Section 17B-2a-1103, the district's board of trustees shall be as follows:
809 (i) subject to Subsection (3)(b), a member of that municipality's governing body;
810 (ii) subject to Subsection (4), two members of the county council of the county in
811 which the municipal services district is located; and
812 (iii) the total number of board members shall be an odd number.
813 (b) A member described in Subsection (3)(a)(i) shall be:
814 (i) for a municipality other than a metro township, designated by the municipal
815 legislative body; and
816 (ii) for a metro township, the chair of the metro township.
817 (c) A member of the board of trustees has the powers and duties described in
818 Subsection (2)(b).
819 (d) The county executive is the executive and has the powers and duties as described in
820 Subsection (2)(c).
821 (4) (a) The number of county council members may be increased or decreased to meet
822 the membership requirements of Subsection (3)(a)(iii) but may not be less than one.
823 (b) The number of county council members described in Subsection (3)(a)(ii) does not
824 include the county mayor.
825 (5) For a board of trustees described in Subsection (3), each board member's vote is
826 weighted using the proportion of the municipal services district population that resides:
827 (a) for each member described in Subsection (3)(a)(i), within that member's
828 municipality; and
829 (b) for each member described in Subsection (3)(a)(ii), within the unincorporated
830 county, with the members' weighted vote divided evenly if there is more than one member on
831 the board described in Subsection (3)(a)(ii).
832 (6) The board may adopt a resolution providing for future board members to be
833 appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
834 (7) (a) Notwithstanding Subsections 17B-1-309(1) or 17B-1-310(1), the board of
835 trustees may adopt a resolution to determine the internal governance of the board.
836 (b) A resolution adopted under Subsection (7)(a) may not alter or impair the board of
837 trustees' duties, powers, or responsibilities described in Subsection (2)(b) or the executive's
838 duties, powers, or responsibilities described in Subsection (2)(c).
839 (8) The municipal services district and the county may enter into an agreement for the
840 provision of legal services to the municipal services district.
841 Section 13. Section 17B-2a-1110 is amended to read:
842 17B-2a-1110. Withdrawal from a municipal services district upon incorporation
843 -- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
844 transferred to municipal services district.
845 (1) (a) A municipality may withdraw from a municipal services district in accordance
846 with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
847 (b) If a municipality engages a feasibility consultant to conduct a feasibility study
848 under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)[
849 tolled from the day that the municipality engages the feasibility consultant to the day on which
850 the municipality holds the final public hearing under Subsection (5).
851 (2) (a) If a municipality decides to withdraw from a municipal services district, the
852 municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
853 17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
854 (b) The feasibility consultant shall be chosen:
855 (i) by the municipal legislative body; and
856 (ii) in accordance with applicable municipal procurement procedures.
857 (3) The municipal legislative body shall require the feasibility consultant to:
858 (a) complete the feasibility study and submit the written results to the municipal
859 legislative body before the council adopts a resolution under Section 17B-1-502;
860 (b) submit with the full written results of the feasibility study a summary of the results
861 no longer than one page in length; and
862 (c) attend the public hearings under Subsection (5).
863 (4) (a) The feasibility study shall consider:
864 (i) population and population density within the withdrawing municipality;
865 (ii) current and five-year projections of demographics and economic base in the
866 withdrawing municipality, including household size and income, commercial and industrial
867 development, and public facilities;
868 (iii) projected growth in the withdrawing municipality during the next five years;
869 (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
870 including overhead, of municipal services in the withdrawing municipality;
871 (v) assuming the same tax categories and tax rates as currently imposed by the
872 municipal services district and all other current service providers, the present and five-year
873 projected revenue for the withdrawing municipality;
874 (vi) a projection of any new taxes per household that may be levied within the
875 withdrawing municipality within five years of the withdrawal; and
876 (vii) the fiscal impact on other municipalities serviced by the municipal services
877 district.
878 (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
879 level and quality of municipal services to be provided to the withdrawing municipality in the
880 future that fairly and reasonably approximates the level and quality of municipal services being
881 provided to the withdrawing municipality at the time of the feasibility study.
882 (ii) In determining the present cost of a municipal service, the feasibility consultant
883 shall consider:
884 (A) the amount it would cost the withdrawing municipality to provide municipal
885 services for the first five years after withdrawing; and
886 (B) the municipal services district's present and five-year projected cost of providing
887 municipal services.
888 (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
889 and anticipated growth.
890 (5) If the results of the feasibility study meet the requirements of Subsection (4), the
891 municipal legislative body shall, at its next regular meeting after receipt of the results of the
892 feasibility study, schedule at least one public hearing to be held:
893 (a) within the following 60 days; and
894 (b) for the purpose of allowing:
895 (i) the feasibility consultant to present the results of the study; and
896 (ii) the public to become informed about the feasibility study results, including the
897 requirement that if the municipality withdraws from the municipal services district, the
898 municipality must comply with Subsection (9), and to ask questions about those results of the
899 feasibility consultant.
900 (6) At a public hearing described in Subsection (5), the municipal legislative body
901 shall:
902 (a) provide a copy of the feasibility study for public review; and
903 (b) allow the public to express its views about the proposed withdrawal from the
904 municipal services district.
905 (7) (a) (i) The municipal clerk or recorder shall publish notice of the public hearings
906 required under Subsection (5):
907 (A) at least once a week for three successive weeks in a newspaper of general
908 circulation within the municipality; and
909 (B) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks.
910 (ii) The municipal clerk or recorder shall publish the last publication of notice required
911 under Subsection (7)(a)(i)(A) at least three days before the first public hearing required under
912 Subsection (5).
913 (b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
914 within the proposed municipality, the municipal clerk or recorder shall post at least one notice
915 of the hearings per 1,000 population in conspicuous places within the municipality that are
916 most likely to give notice of the hearings to the residents.
917 (ii) The municipal clerk or recorder shall post the notices under Subsection (7)(b)(i) at
918 least seven days before the first hearing under Subsection (5).
919 (c) The notice under Subsections (7)(a) and (b) shall include the feasibility study
920 summary and shall indicate that a full copy of the study is available for inspection and copying
921 at the office of the municipal clerk or recorder.
922 (8) At a public meeting held after the public hearing required under Subsection (5), the
923 municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
924 applicable, if the municipality is in compliance with the other requirements of that section.
925 (9) The municipality shall pay revenues in excess of 5% to the municipal services
926 district for 10 years beginning on the next fiscal year immediately following the municipal
927 legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
928 or 17B-1-505 if the results of the feasibility study show that the average annual amount of
929 revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
930 (4)(a)(iv) by more than 5%.
931 Section 14. Section 17B-2a-1111 is amended to read:
932 17B-2a-1111. Withdrawal of a municipality that changes form of government.
933 If a municipality after the 180-day period described in Subsection
934 17B-1-502(3)(a)(iii)[
935 3b, Part 6, Changing to Another Form of Municipal Government, the municipality under the
936 new form of government may withdraw from a municipal services district only in accordance
937 with the provisions of Section 17B-1-505.
938 Section 15. Section 20A-1-102 is amended to read:
939 20A-1-102. Definitions.
940 As used in this title:
941 (1) "Active voter" means a registered voter who has not been classified as an inactive
942 voter by the county clerk.
943 (2) "Automatic tabulating equipment" means apparatus that automatically examines
944 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
945 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
946 upon which a voter records the voter's votes.
947 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
948 envelopes.
949 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
950 (a) contain the names of offices and candidates and statements of ballot propositions to
951 be voted on; and
952 (b) are used in conjunction with ballot sheets that do not display that information.
953 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
954 on the ballot for their approval or rejection including:
955 (a) an opinion question specifically authorized by the Legislature;
956 (b) a constitutional amendment;
957 (c) an initiative;
958 (d) a referendum;
959 (e) a bond proposition;
960 (f) a judicial retention question;
961 (g) an incorporation of a city or town; or
962 (h) any other ballot question specifically authorized by the Legislature.
963 (6) "Ballot sheet":
964 (a) means a ballot that:
965 (i) consists of paper or a card where the voter's votes are marked or recorded; and
966 (ii) can be counted using automatic tabulating equipment; and
967 (b) includes punch card ballots and other ballots that are machine-countable.
968 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
969 together with a staple or stitch in at least three places across the top of the paper in the blank
970 space reserved for securing the paper.
971 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
972 20A-4-306 to canvass election returns.
973 (9) "Bond election" means an election held for the purpose of approving or rejecting
974 the proposed issuance of bonds by a government entity.
975 (10) "Book voter registration form" means voter registration forms contained in a
976 bound book that are used by election officers and registration agents to register persons to vote.
977 (11) "Business reply mail envelope" means an envelope that may be mailed free of
978 charge by the sender.
979 (12) "By-mail voter registration form" means a voter registration form designed to be
980 completed by the voter and mailed to the election officer.
981 (13) "Canvass" means the review of election returns and the official declaration of
982 election results by the board of canvassers.
983 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
984 the canvass.
985 (15) "Contracting election officer" means an election officer who enters into a contract
986 or interlocal agreement with a provider election officer.
987 (16) "Convention" means the political party convention at which party officers and
988 delegates are selected.
989 (17) "Counting center" means one or more locations selected by the election officer in
990 charge of the election for the automatic counting of ballots.
991 (18) "Counting judge" means a poll worker designated to count the ballots during
992 election day.
993 (19) "Counting poll watcher" means a person selected as provided in Section
994 20A-3-201 to witness the counting of ballots.
995 (20) "Counting room" means a suitable and convenient private place or room,
996 immediately adjoining the place where the election is being held, for use by the poll workers
997 and counting judges to count ballots during election day.
998 (21) "County officers" means those county officers that are required by law to be
999 elected.
1000 (22) "Date of the election" or "election day" or "day of the election":
1001 (a) means the day that is specified in the calendar year as the day that the election
1002 occurs; and
1003 (b) does not include:
1004 (i) deadlines established for absentee voting; or
1005 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
1006 Voting.
1007 (23) "Elected official" means:
1008 (a) a person elected to an office under Section 20A-1-303;
1009 (b) a person who is considered to be elected to a municipal office in accordance with
1010 Subsection 20A-1-206(1)(c)(ii); or
1011 (c) a person who is considered to be elected to a local district office in accordance with
1012 Subsection 20A-1-206(3)(c)(ii).
1013 (24) "Election" means a regular general election, a municipal general election, a
1014 statewide special election, a local special election, a regular primary election, a municipal
1015 primary election, and a local district election.
1016 (25) "Election Assistance Commission" means the commission established by [
1017
1018 (26) "Election cycle" means the period beginning on the first day persons are eligible to
1019 file declarations of candidacy and ending when the canvass is completed.
1020 (27) "Election judge" means a poll worker that is assigned to:
1021 (a) preside over other poll workers at a polling place;
1022 (b) act as the presiding election judge; or
1023 (c) serve as a canvassing judge, counting judge, or receiving judge.
1024 (28) "Election officer" means:
1025 (a) the lieutenant governor, for all statewide ballots and elections;
1026 (b) the county clerk for:
1027 (i) a county ballot and election; and
1028 (ii) a ballot and election as a provider election officer as provided in Section
1029 20A-5-400.1 or 20A-5-400.5;
1030 (c) the municipal clerk for:
1031 (i) a municipal ballot and election; and
1032 (ii) a ballot and election as a provider election officer as provided in Section
1033 20A-5-400.1 or 20A-5-400.5;
1034 (d) the local district clerk or chief executive officer for:
1035 (i) a local district ballot and election; and
1036 (ii) a ballot and election as a provider election officer as provided in Section
1037 20A-5-400.1 or 20A-5-400.5; or
1038 (e) the business administrator or superintendent of a school district for:
1039 (i) a school district ballot and election; and
1040 (ii) a ballot and election as a provider election officer as provided in Section
1041 20A-5-400.1 or 20A-5-400.5.
1042 (29) "Election official" means any election officer, election judge, or poll worker.
1043 (30) "Election results" means:
1044 (a) for an election other than a bond election, the count of votes cast in the election and
1045 the election returns requested by the board of canvassers; or
1046 (b) for bond elections, the count of those votes cast for and against the bond
1047 proposition plus any or all of the election returns that the board of canvassers may request.
1048 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
1049 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
1050 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
1051 form, and the total votes cast form.
1052 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
1053 device or other voting device that records and stores ballot information by electronic means.
1054 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
1055 or logically associated with a record and executed or adopted by a person with the intent to sign
1056 the record.
1057 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
1058 (b) "Electronic voting device" includes a direct recording electronic voting device.
1059 (35) "Inactive voter" means a registered voter who has:
1060 (a) been sent the notice required by Section 20A-2-306; and
1061 (b) failed to respond to that notice.
1062 (36) "Inspecting poll watcher" means a person selected as provided in this title to
1063 witness the receipt and safe deposit of voted and counted ballots.
1064 (37) "Judicial office" means the office filled by any judicial officer.
1065 (38) "Judicial officer" means any justice or judge of a court of record or any county
1066 court judge.
1067 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
1068 Local Government Entities - Local Districts, and includes a special service district under Title
1069 17D, Chapter 1, Special Service District Act.
1070 (40) "Local district officers" means those local district board members that are required
1071 by law to be elected.
1072 (41) "Local election" means a regular county election, a regular municipal election, a
1073 municipal primary election, a local special election, a local district election, and a bond
1074 election.
1075 (42) "Local political subdivision" means a county, a municipality, a local district, or a
1076 local school district.
1077 (43) "Local special election" means a special election called by the governing body of a
1078 local political subdivision in which all registered voters of the local political subdivision may
1079 vote.
1080 (44) "Municipal executive" means:
1081 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
1082 (b) the mayor in the council-manager form of government defined in Subsection
1083 10-3b-103(7); or
1084 (c) the chair of a metro township form of government defined in Section 10-3b-102.
1085 (45) "Municipal general election" means the election held in municipalities and, as
1086 applicable, local districts on the first Tuesday after the first Monday in November of each
1087 odd-numbered year for the purposes established in Section 20A-1-202.
1088 (46) "Municipal legislative body" means:
1089 (a) the council of the city or town in any form of municipal government; or
1090 (b) the council of a metro township.
1091 (47) "Municipal office" means an elective office in a municipality.
1092 (48) "Municipal officers" means those municipal officers that are required by law to be
1093 elected.
1094 (49) "Municipal primary election" means an election held to nominate candidates for
1095 municipal office.
1096 (50) "Municipality" means a city, town, or metro township.
1097 [
1098 poll workers to be given to voters to record their votes.
1099 [
1100 (a) the information on the ballot that identifies:
1101 (i) the ballot as an official ballot;
1102 (ii) the date of the election; and
1103 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
1104 facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
1105 (B) for a ballot prepared by a county clerk, the words required by Subsection
1106 20A-6-301(1)(c)(iii); and
1107 (b) the information on the ballot stub that identifies:
1108 (i) the poll worker's initials; and
1109 (ii) the ballot number.
1110 [
1111 by the election officer that contains the information required by Section 20A-5-401.
1112 [
1113 (a) the names of offices and candidates and statements of ballot propositions to be
1114 voted on; and
1115 (b) spaces for the voter to record the voter's vote for each office and for or against each
1116 ballot proposition.
1117 [
1118 in Section 20A-4-108.
1119 [
1120 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
1121 Formation and Procedures.
1122 [
1123 appear to cast votes.
1124 [
1125 [
1126 with an election, voting, or counting votes.
1127 (b) "Poll worker" includes election judges.
1128 (c) "Poll worker" does not include a watcher.
1129 [
1130 ballot in which the voter marks the voter's choice.
1131 [
1132 year of the regular general election.
1133 [
1134 (a) is built into a voting machine; and
1135 (b) records the total number of movements of the operating lever.
1136 [
1137 contract or interlocal agreement with a contracting election officer to conduct an election for
1138 the contracting election officer's local political subdivision in accordance with Section
1139 20A-5-400.1.
1140 [
1141 (a) whose name is not listed on the official register at the polling place;
1142 (b) whose legal right to vote is challenged as provided in this title; or
1143 (c) whose identity was not sufficiently established by a poll worker.
1144 [
1145 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
1146 information to verify a person's legal right to vote.
1147 [
1148 performing the duties of the position for which the person was elected.
1149 [
1150 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
1151 after the voter has voted.
1152 [
1153 voter registration form.
1154 [
1155 [
1156 the first Tuesday after the first Monday in November of each even-numbered year for the
1157 purposes established in Section 20A-1-201.
1158 [
1159 June of each even-numbered year, to nominate candidates of political parties and candidates for
1160 nonpartisan local school board positions to advance to the regular general election.
1161 [
1162 Utah.
1163 [
1164 printed and distributed as provided in Section 20A-5-405.
1165 [
1166 mark or punch the ballot for one or more candidates who are members of different political
1167 parties or who are unaffiliated.
1168 [
1169 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
1170 secrecy of the voter's vote.
1171 [
1172 20A-1-203.
1173 [
1174 (a) is spoiled by the voter;
1175 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
1176 (c) lacks the official endorsement.
1177 [
1178 or the Legislature in which all registered voters in Utah may vote.
1179 [
1180 [
1181 officer to the poll workers when the official ballots are lost or stolen.
1182 [
1183 group of petitioners.
1184 [
1185 counting center.
1186 [
1187 by statute, whether that absence occurs because of death, disability, disqualification,
1188 resignation, or other cause.
1189 [
1190 (a) a form of identification that bears the name and photograph of the voter which may
1191 include:
1192 (i) a currently valid Utah driver license;
1193 (ii) a currently valid identification card that is issued by:
1194 (A) the state; or
1195 (B) a branch, department, or agency of the United States;
1196 (iii) a currently valid Utah permit to carry a concealed weapon;
1197 (iv) a currently valid United States passport; or
1198 (v) a currently valid United States military identification card;
1199 (b) one of the following identification cards, whether or not the card includes a
1200 photograph of the voter:
1201 (i) a valid tribal identification card;
1202 (ii) a Bureau of Indian Affairs card; or
1203 (iii) a tribal treaty card; or
1204 (c) two forms of identification not listed under Subsection [
1205 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
1206 which may include:
1207 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
1208 election;
1209 (ii) a bank or other financial account statement, or a legible copy thereof;
1210 (iii) a certified birth certificate;
1211 (iv) a valid social security card;
1212 (v) a check issued by the state or the federal government or a legible copy thereof;
1213 (vi) a paycheck from the voter's employer, or a legible copy thereof;
1214 (vii) a currently valid Utah hunting or fishing license;
1215 (viii) certified naturalization documentation;
1216 (ix) a currently valid license issued by an authorized agency of the United States;
1217 (x) a certified copy of court records showing the voter's adoption or name change;
1218 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
1219 (xii) a currently valid identification card issued by:
1220 (A) a local government within the state;
1221 (B) an employer for an employee; or
1222 (C) a college, university, technical school, or professional school located within the
1223 state; or
1224 (xiii) a current Utah vehicle registration.
1225 [
1226 write-in candidate by following the procedures and requirements of this title.
1227 [
1228 (a) meets the requirements for voting in an election;
1229 (b) meets the requirements of election registration;
1230 (c) is registered to vote; and
1231 (d) is listed in the official register book.
1232 [
1233 Section 20A-2-102.5.
1234 [
1235 machines, and ballot box.
1236 [
1237 (a) the space or compartment within a polling place that is provided for the preparation
1238 of ballots, including the voting machine enclosure or curtain; or
1239 (b) a voting device that is free standing.
1240 [
1241 (a) an apparatus in which ballot sheets are used in connection with a punch device for
1242 piercing the ballots by the voter;
1243 (b) a device for marking the ballots with ink or another substance;
1244 (c) an electronic voting device or other device used to make selections and cast a ballot
1245 electronically, or any component thereof;
1246 (d) an automated voting system under Section 20A-5-302; or
1247 (e) any other method for recording votes on ballots so that the ballot may be tabulated
1248 by means of automatic tabulating equipment.
1249 [
1250 recording and tabulating votes cast by voters at an election.
1251 [
1252 witness the distribution of ballots and the voting process.
1253 [
1254 law within which qualified voters vote at one polling place.
1255 [
1256 inspecting poll watcher, and a testing watcher.
1257 [
1258 Chapter 9, Part 8, Western States Presidential Primary.
1259 [
1260 [
1261 the ballot according to the procedures established in this title.
1262 Section 16. Section 20A-5-301 is amended to read:
1263 20A-5-301. Combined voting precincts -- Municipalities.
1264 (1) (a) The municipal legislative body of a city of the first or second class may combine
1265 up to four regular county voting precincts into one municipal voting precinct for purposes of a
1266 municipal election if they designate the location and address of each of those combined voting
1267 precincts.
1268 (b) The polling place shall be within the combined voting precinct or within 1/2 mile
1269 of the boundaries of the voting precinct.
1270 (2) (a) The municipal legislative body of a city of the third, fourth, or fifth class [
1271 town, or a metro township may combine two or more regular county voting precincts into one
1272 municipal voting precinct for purposes of an election if it designates the location and address of
1273 that combined voting precinct.
1274 (b) If only two precincts are combined, the polling place shall be within the combined
1275 precinct or within 1/2 mile of the boundaries of the combined voting precinct.
1276 (c) If more than two precincts are combined, the polling place should be as near as
1277 practical to the middle of the combined precinct.
1278 Section 17. Section 20A-6-401 is amended to read:
1279 20A-6-401. Ballots for municipal primary elections.
1280 (1) Each election officer shall ensure that:
1281 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
1282 the top of the ballot;
1283 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
1284 stub; and
1285 (iii) ballot stubs are numbered consecutively;
1286 (b) immediately below the perforated ballot stub, the following endorsements are
1287 printed in 18 point bold type:
1288 (i) "Official Primary Ballot for ____ (City [
1289 (ii) the date of the election; and
1290 (iii) a facsimile of the signature of the election officer and the election officer's title in
1291 eight point type;
1292 (c) immediately below the election officer's title, two one-point parallel horizontal
1293 rules separate endorsements from the rest of the ballot;
1294 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
1295 printed in 10 point bold type that states: "To vote for a candidate, place a cross (X) in the
1296 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
1297 office." followed by two one-point parallel rules;
1298 (e) after the rules, the designation of the office for which the candidates seek
1299 nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
1300 for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
1301 to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
1302 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
1303 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
1304 with surnames last and grouped according to the office that they seek;
1305 (g) a square with sides not less than one-fourth inch long is printed immediately
1306 adjacent to the names of the candidates; and
1307 (h) the candidate groups are separated from each other by one light and one heavy line
1308 or rule.
1309 (2) A municipal primary ballot may not contain any space for write-in votes.
1310 Section 18. Section 20A-6-402 is amended to read:
1311 20A-6-402. Ballots for municipal general elections.
1312 (1) When using a paper ballot at municipal general elections, each election officer shall
1313 ensure that:
1314 (a) the names of the two candidates who received the highest number of votes for
1315 mayor in the municipal primary are placed upon the ballot;
1316 (b) if no municipal primary election was held, the names of the candidates who filed
1317 declarations of candidacy for municipal offices are placed upon the ballot;
1318 (c) for other offices:
1319 (i) twice the number of candidates as there are positions to be filled are certified as
1320 eligible for election in the municipal general election from those candidates who received the
1321 greater number of votes in the primary election; and
1322 (ii) the names of those candidates are placed upon the municipal general election
1323 ballot;
1324 (d) the names of the candidates are placed on the ballot in the order specified under
1325 Section 20A-6-305;
1326 (e) in an election in which a voter is authorized to cast a write-in vote and where a
1327 write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the
1328 ballot that contains, for each office in which there is a qualified write-in candidate:
1329 (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
1330 (ii) a square or other conforming area that is adjacent to or opposite the blank
1331 horizontal line to enable the voter to indicate the voter's vote;
1332 (f) ballot propositions that have qualified for the ballot, including propositions
1333 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
1334 listed on the ballot in accordance with Section 20A-6-107; and
1335 (g) bond propositions that have qualified for the ballot are listed on the ballot under the
1336 title assigned to each bond proposition under Section 11-14-206.
1337 (2) When using a punch card ballot at municipal general elections, each election officer
1338 shall ensure that:
1339 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
1340 the top of the ballot;
1341 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
1342 stub; and
1343 (iii) ballot stubs are numbered consecutively;
1344 (b) immediately below the perforated ballot stub, the following endorsements are
1345 printed in 18 point bold type:
1346 (i) "Official Ballot for ____ (City [
1347 (ii) the date of the election; and
1348 (iii) a facsimile of the signature of the election officer and the election officer's title in
1349 eight-point type;
1350 (c) immediately below the election officer's title, two one-point parallel horizontal
1351 rules separate endorsements from the rest of the ballot;
1352 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
1353 printed in 10-point bold type that states: "To vote for a candidate, place a cross (X) in the
1354 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
1355 office." followed by two one-point parallel rules;
1356 (e) after the rules, the designation of the office for which the candidates seek election is
1357 printed flush with the left-hand margin and the words, "Vote for one" or "Vote for up to _____
1358 (the number of candidates for which the voter may vote)" are printed to extend to the extreme
1359 right of the column in 10-point bold type, followed by a hair-line rule;
1360 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
1361 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
1362 with surnames last and grouped according to the office that they seek;
1363 (g) a square with sides not less than one-fourth inch long is printed immediately
1364 adjacent to the names of the candidates;
1365 (h) following the name of the last candidate for each office in which a write-in
1366 candidate is qualified under Section 20A-9-601, the ballot contains:
1367 (i) a write-in space for each elective office in which a write-in candidate is qualified
1368 where the voter may enter the name of a valid write-in candidate; and
1369 (ii) a square printed immediately adjacent to the write-in space or line where the voter
1370 may vote for a valid write-in candidate; and
1371 (i) the candidate groups are separated from each other by one light and one heavy line
1372 or rule.
1373 (3) When using a ballot sheet other than a punch card ballot at municipal general
1374 elections, each election officer shall ensure that:
1375 (a) (i) the ballot contains a perforated ballot stub placed across the top of the ballot;
1376 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
1377 stub; and
1378 (iii) ballot stubs are numbered consecutively;
1379 (b) immediately below the perforated ballot stub, the following endorsements are
1380 printed:
1381 (i) "Official Ballot for ____ (City [
1382 (ii) the date of the election; and
1383 (iii) a facsimile of the signature of the election officer and the election officer's title;
1384 (c) immediately below the election officer's title, a distinct border or line separates
1385 endorsements from the rest of the ballot;
1386 (d) immediately below the border or line, an "Instructions to Voters" section is printed
1387 that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
1388 candidate(s) for each respective office." followed by another border or line;
1389 (e) after the border or line, the designation of the office for which the candidates seek
1390 election is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
1391 candidates for which the voter may vote)" are printed, followed by a line or border;
1392 (f) after the line or border, the names of the candidates are printed in the order
1393 specified under Section 20A-6-305 with surnames last and grouped according to the office that
1394 they seek;
1395 (g) an oval is printed adjacent to the names of the candidates;
1396 (h) following the name of the last candidate for each office in which a write-in
1397 candidate is qualified under Section 20A-9-601, the ballot contains:
1398 (i) a write-in space or blank line for each elective office in which a write-in candidate
1399 is qualified where the voter may enter the name of a valid write-in candidate; and
1400 (ii) an oval printed adjacent to the write-in space or line where the voter may vote for a
1401 valid write-in candidate; and
1402 (i) the candidate groups are separated from each other by a line or border.
1403 (4) When using an electronic ballot at municipal general elections, each election officer
1404 shall ensure that:
1405 (a) the following endorsements are displayed on the first screen of the ballot:
1406 (i) "Official Ballot for ____ (City [
1407 (ii) the date of the election; and
1408 (iii) a facsimile of the signature of the election officer and the election officer's title;
1409 (b) immediately below the election officer's title, a distinct border or line separates the
1410 endorsements from the rest of the ballot;
1411 (c) immediately below the border or line, an "Instructions to Voters" section is
1412 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
1413 the candidate(s) for each respective office." followed by another border or line;
1414 (d) after the border or line, the designation of the office for which the candidates seek
1415 election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
1416 candidates for which the voter may vote)" are displayed, followed by a line or border;
1417 (e) after the line or border, the names of the candidates are displayed in the order
1418 specified under Section 20A-6-305 with surnames last and grouped according to the office that
1419 they seek;
1420 (f) a voting square or position is located adjacent to the name of each candidate;
1421 (g) following the name of the last candidate for each office in which a write-in
1422 candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
1423 voter may enter the name of and vote for a valid write-in candidate for the office; and
1424 (h) the candidate groups are separated from each other by a line or border.
1425 (5) When a municipality has chosen to nominate candidates by convention or
1426 committee, the election officer shall ensure that the party name is included with the candidate's
1427 name on the ballot.
1428 Section 19. Section 20A-7-101 is amended to read:
1429 20A-7-101. Definitions.
1430 As used in this chapter:
1431 (1) "Budget officer" means:
1432 (a) for a county, the person designated as budget officer in Section 17-19a-203;
1433 (b) for a city, the person designated as budget officer in Subsection 10-6-106(5); [
1434 (c) for a town, the town council[
1435 (d) for a metro township, the person described in Subsection (1)(a) for the county in
1436 which the metro township is located.
1437 (2) "Certified" means that the county clerk has acknowledged a signature as being the
1438 signature of a registered voter.
1439 (3) "Circulation" means the process of submitting an initiative or referendum petition
1440 to legal voters for their signature.
1441 (4) "Final fiscal impact statement" means a financial statement prepared after voters
1442 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
1443 20A-7-502.5(2).
1444 (5) "Initial fiscal impact estimate" means:
1445 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
1446 application for an initiative petition; or
1447 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
1448 for an initiative or referendum petition.
1449 (6) "Initiative" means a new law proposed for adoption by the public as provided in
1450 this chapter.
1451 (7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
1452 law, and the signature sheets, all of which have been bound together as a unit.
1453 (8) "Legal signatures" means the number of signatures of legal voters that:
1454 (a) meet the numerical requirements of this chapter; and
1455 (b) have been certified and verified as provided in this chapter.
1456 (9) "Legal voter" means a person who:
1457 (a) is registered to vote; or
1458 (b) becomes registered to vote before the county clerk certifies the signatures on an
1459 initiative or referendum petition.
1460 (10) "Local attorney" means the county attorney, city attorney, or town attorney in
1461 whose jurisdiction a local initiative or referendum petition is circulated.
1462 (11) "Local clerk" means the county clerk, city recorder, or town clerk in whose
1463 jurisdiction a local initiative or referendum petition is circulated.
1464 (12) (a) "Local law" includes an ordinance, resolution, master plan, and any
1465 comprehensive zoning regulation adopted by ordinance or resolution.
1466 (b) "Local law" does not include an individual property zoning decision.
1467 (13) "Local legislative body" means the legislative body of a county, city, [
1468 metro township.
1469 (14) "Local obligation law" means a local law passed by the local legislative body
1470 regarding a bond that was approved by a majority of qualified voters in an election.
1471 (15) "Local tax law" means a local law, passed by a political subdivision with an
1472 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
1473 (16) "Measure" means a proposed constitutional amendment, an initiative, or
1474 referendum.
1475 (17) "Referendum" means a process by which a law passed by the Legislature or by a
1476 local legislative body is submitted or referred to the voters for their approval or rejection.
1477 (18) "Referendum packet" means a copy of the referendum petition, a copy of the law
1478 being submitted or referred to the voters for their approval or rejection, and the signature
1479 sheets, all of which have been bound together as a unit.
1480 (19) (a) "Signature" means a holographic signature.
1481 (b) "Signature" does not mean an electronic signature.
1482 (20) "Signature sheets" means sheets in the form required by this chapter that are used
1483 to collect signatures in support of an initiative or referendum.
1484 (21) "Sponsors" means the legal voters who support the initiative or referendum and
1485 who sign the application for petition copies.
1486 (22) "Sufficient" means that the signatures submitted in support of an initiative or
1487 referendum petition have been certified and verified as required by this chapter.
1488 (23) "Verified" means acknowledged by the person circulating the petition as required
1489 in Sections 20A-7-205 and 20A-7-305.
1490 Section 20. Section 20A-7-501 is amended to read:
1491 20A-7-501. Initiatives.
1492 (1) (a) Except as provided in Subsection (1)(b), a person seeking to have an initiative
1493 submitted to a local legislative body or to a vote of the people for approval or rejection shall
1494 obtain legal signatures equal to:
1495 (i) 10% of all the votes cast in the county, city, [
1496 candidates for President of the United States at the last election at which a President of the
1497 United States was elected if the total number of votes exceeds 25,000;
1498 (ii) 12-1/2% of all the votes cast in the county, city, [
1499 all candidates for President of the United States at the last election at which a President of the
1500 United States was elected if the total number of votes does not exceed 25,000 but is more than
1501 10,000;
1502 (iii) 15% of all the votes cast in the county, city, [
1503 candidates for President of the United States at the last election at which a President of the
1504 United States was elected if the total number of votes does not exceed 10,000 but is more than
1505 2,500;
1506 (iv) 20% of all the votes cast in the county, city, [
1507 candidates for President of the United States at the last election at which a President of the
1508 United States was elected if the total number of votes does not exceed 2,500 but is more than
1509 500;
1510 (v) 25% of all the votes cast in the county, city, [
1511 candidates for President of the United States at the last election at which a President of the
1512 United States was elected if the total number of votes does not exceed 500 but is more than
1513 250; and
1514 (vi) 30% of all the votes cast in the county, city, [
1515 candidates for President of the United States at the last election at which a President of the
1516 United States was elected if the total number of votes does not exceed 250.
1517 (b) In addition to the signature requirements of Subsection (1)(a), a person seeking to
1518 have an initiative submitted to a local legislative body or to a vote of the people for approval or
1519 rejection in a county, city, [
1520 elected from council districts shall obtain, from each of a majority of council districts, legal
1521 signatures equal to the percentages established in Subsection (1)(a).
1522 (2) If the total number of certified names from each verified signature sheet equals or
1523 exceeds the number of names required by this section, the clerk or recorder shall deliver the
1524 proposed law to the local legislative body at its next meeting.
1525 (3) (a) The local legislative body shall either adopt or reject the proposed law without
1526 change or amendment within 30 days of receipt of the proposed law.
1527 (b) The local legislative body may:
1528 (i) adopt the proposed law and refer it to the people;
1529 (ii) adopt the proposed law without referring it to the people; or
1530 (iii) reject the proposed law.
1531 (c) If the local legislative body adopts the proposed law but does not refer it to the
1532 people, it is subject to referendum as with other local laws.
1533 (d) (i) If a county legislative body rejects a proposed county ordinance or amendment,
1534 or takes no action on it, the county clerk shall submit it to the voters of the county at the next
1535 regular general election immediately after the petition is filed under Section 20A-7-502.
1536 (ii) If a local legislative body rejects a proposed municipal ordinance or amendment, or
1537 takes no action on it, the municipal recorder or clerk shall submit it to the voters of the
1538 municipality at the next municipal general election immediately after the petition is filed under
1539 Section 20A-7-502.
1540 (e) (i) If the local legislative body rejects the proposed ordinance or amendment, or
1541 takes no action on it, the local legislative body may adopt a competing local law.
1542 (ii) The local legislative body shall prepare and adopt the competing local law within
1543 the 30 days allowed for its action on the measure proposed by initiative petition.
1544 (iii) If the local legislative body adopts a competing local law, the clerk or recorder
1545 shall submit it to the voters of the county or municipality at the same election at which the
1546 initiative proposal is submitted.
1547 (f) If conflicting local laws are submitted to the people at the same election and two or
1548 more of the conflicting measures are approved by the people, then the measure that receives the
1549 greatest number of affirmative votes shall control all conflicts.
1550 Section 21. Section 32B-1-102 is amended to read:
1551 32B-1-102. Definitions.
1552 As used in this title:
1553 (1) "Airport lounge" means a business location:
1554 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
1555 (b) that is located at an international airport with a United States Customs office on the
1556 premises of the international airport.
1557 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
1558 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
1559 (3) "Alcoholic beverage" means the following:
1560 (a) beer; or
1561 (b) liquor.
1562 (4) (a) "Alcoholic product" means a product that:
1563 (i) contains at least .5% of alcohol by volume; and
1564 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
1565 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
1566 in an amount equal to or greater than .5% of alcohol by volume.
1567 (b) "Alcoholic product" includes an alcoholic beverage.
1568 (c) "Alcoholic product" does not include any of the following common items that
1569 otherwise come within the definition of an alcoholic product:
1570 (i) except as provided in Subsection (4)(d), an extract;
1571 (ii) vinegar;
1572 (iii) cider;
1573 (iv) essence;
1574 (v) tincture;
1575 (vi) food preparation; or
1576 (vii) an over-the-counter medicine.
1577 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
1578 when it is used as a flavoring in the manufacturing of an alcoholic product.
1579 (5) "Alcohol training and education seminar" means a seminar that is:
1580 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
1581 (b) described in Section 62A-15-401.
1582 (6) "Banquet" means an event:
1583 (a) that is held at one or more designated locations approved by the commission in or
1584 on the premises of a:
1585 (i) hotel;
1586 (ii) resort facility;
1587 (iii) sports center; or
1588 (iv) convention center;
1589 (b) for which there is a contract:
1590 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
1591 and
1592 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
1593 provide an alcoholic product at the event; and
1594 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
1595 (7) (a) "Bar" means a surface or structure:
1596 (i) at which an alcoholic product is:
1597 (A) stored; or
1598 (B) dispensed; or
1599 (ii) from which an alcoholic product is served.
1600 (b) "Bar structure" means a surface or structure on a licensed premises if on or at any
1601 place of the surface or structure an alcoholic product is:
1602 (i) stored; or
1603 (ii) dispensed.
1604 (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
1605 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
1606 volume or 3.2% by weight; and
1607 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
1608 (b) "Beer" may or may not contain hops or other vegetable products.
1609 (c) "Beer" includes a product that:
1610 (i) contains alcohol in the percentages described in Subsection (8)(a); and
1611 (ii) is referred to as:
1612 (A) beer;
1613 (B) ale;
1614 (C) porter;
1615 (D) stout;
1616 (E) lager; or
1617 (F) a malt or malted beverage.
1618 (d) "Beer" does not include a flavored malt beverage.
1619 (9) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
1620 Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
1621 (10) "Beer retailer" means a business:
1622 (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
1623 whether for consumption on or off the business premises; and
1624 (b) to whom a license is issued:
1625 (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
1626 Beer Retailer Local Authority; or
1627 (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
1628 and Chapter 6, Part 7, On-Premise Beer Retailer License.
1629 (11) "Beer wholesaling license" means a license:
1630 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
1631 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
1632 retail licensees or off-premise beer retailers.
1633 (12) "Billboard" means a public display used to advertise, including:
1634 (a) a light device;
1635 (b) a painting;
1636 (c) a drawing;
1637 (d) a poster;
1638 (e) a sign;
1639 (f) a signboard; or
1640 (g) a scoreboard.
1641 (13) "Brewer" means a person engaged in manufacturing:
1642 (a) beer;
1643 (b) heavy beer; or
1644 (c) a flavored malt beverage.
1645 (14) "Brewery manufacturing license" means a license issued in accordance with
1646 Chapter 11, Part 5, Brewery Manufacturing License.
1647 (15) "Certificate of approval" means a certificate of approval obtained from the
1648 department under Section 32B-11-201.
1649 (16) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
1650 a bus company to a group of persons pursuant to a common purpose:
1651 (a) under a single contract;
1652 (b) at a fixed charge in accordance with the bus company's tariff; and
1653 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
1654 motor vehicle, and a driver to travel together to one or more specified destinations.
1655 (17) "Church" means a building:
1656 (a) set apart for worship;
1657 (b) in which religious services are held;
1658 (c) with which clergy is associated; and
1659 (d) that is tax exempt under the laws of this state.
1660 (18) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
1661 License Act, and Chapter 6, Part 4, Club License.
1662 (b) "Club license" includes:
1663 (i) a dining club license;
1664 (ii) an equity club license;
1665 (iii) a fraternal club license; or
1666 (iv) a social club license.
1667 (19) "Commission" means the Alcoholic Beverage Control Commission created in
1668 Section 32B-2-201.
1669 (20) "Commissioner" means a member of the commission.
1670 (21) "Community location" means:
1671 (a) a public or private school;
1672 (b) a church;
1673 (c) a public library;
1674 (d) a public playground; or
1675 (e) a public park.
1676 (22) "Community location governing authority" means:
1677 (a) the governing body of the community location; or
1678 (b) if the commission does not know who is the governing body of a community
1679 location, a person who appears to the commission to have been given on behalf of the
1680 community location the authority to prohibit an activity at the community location.
1681 (23) "Container" means a receptacle that contains an alcoholic product, including:
1682 (a) a bottle;
1683 (b) a vessel; or
1684 (c) a similar item.
1685 (24) "Convention center" means a facility that is:
1686 (a) in total at least 30,000 square feet; and
1687 (b) otherwise defined as a "convention center" by the commission by rule.
1688 (25) (a) Subject to Subsection (25)(b), "counter" means a surface or structure in a
1689 dining area of a licensed premises where seating is provided to a patron for service of food.
1690 (b) "Counter" does not include a surface or structure if on or at any point of the surface
1691 or structure an alcoholic product is:
1692 (i) stored; or
1693 (ii) dispensed.
1694 (26) "Department" means the Department of Alcoholic Beverage Control created in
1695 Section 32B-2-203.
1696 (27) "Department compliance officer" means an individual who is:
1697 (a) an auditor or inspector; and
1698 (b) employed by the department.
1699 (28) "Department sample" means liquor that is placed in the possession of the
1700 department for testing, analysis, and sampling.
1701 (29) "Dining club license" means a license issued in accordance with Chapter 5, Retail
1702 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
1703 dining club license.
1704 (30) "Director," unless the context requires otherwise, means the director of the
1705 department.
1706 (31) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
1707 title:
1708 (a) against a person subject to administrative action; and
1709 (b) that is brought on the basis of a violation of this title.
1710 (32) (a) Subject to Subsection (32)(b), "dispense" means:
1711 (i) drawing of an alcoholic product:
1712 (A) from an area where it is stored; or
1713 (B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii),
1714 32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and
1715 (ii) using the alcoholic product described in Subsection (32)(a)(i) on the premises of
1716 the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the
1717 retail licensee.
1718 (b) The definition of "dispense" in this Subsection (32) applies only to:
1719 (i) a full-service restaurant license;
1720 (ii) a limited-service restaurant license;
1721 (iii) a reception center license; and
1722 (iv) a beer-only restaurant license.
1723 (33) "Distillery manufacturing license" means a license issued in accordance with
1724 Chapter 11, Part 4, Distillery Manufacturing License.
1725 (34) "Distressed merchandise" means an alcoholic product in the possession of the
1726 department that is saleable, but for some reason is unappealing to the public.
1727 (35) "Educational facility" includes:
1728 (a) a nursery school;
1729 (b) an infant day care center; and
1730 (c) a trade and technical school.
1731 (36) "Equity club license" means a license issued in accordance with Chapter 5, Retail
1732 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
1733 equity club license.
1734 (37) "Event permit" means:
1735 (a) a single event permit; or
1736 (b) a temporary beer event permit.
1737 (38) "Exempt license" means a license exempt under Section 32B-1-201 from being
1738 considered in determining the total number of a retail license that the commission may issue at
1739 any time.
1740 (39) (a) "Flavored malt beverage" means a beverage:
1741 (i) that contains at least .5% alcohol by volume;
1742 (ii) that is treated by processing, filtration, or another method of manufacture that is not
1743 generally recognized as a traditional process in the production of a beer as described in 27
1744 C.F.R. Sec. 25.55;
1745 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
1746 extract; and
1747 (iv) (A) for which the producer is required to file a formula for approval with the
1748 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
1749 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
1750 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
1751 (40) "Fraternal club license" means a license issued in accordance with Chapter 5,
1752 Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
1753 as a fraternal club license.
1754 (41) "Full-service restaurant license" means a license issued in accordance with
1755 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
1756 (42) (a) "Furnish" means by any means to provide with, supply, or give an individual
1757 an alcoholic product, by sale or otherwise.
1758 (b) "Furnish" includes to:
1759 (i) serve;
1760 (ii) deliver; or
1761 (iii) otherwise make available.
1762 (43) "Guest" means an individual who meets the requirements of Subsection
1763 32B-6-407(9).
1764 (44) "Health care practitioner" means:
1765 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1766 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
1767 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1768 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
1769 Act;
1770 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
1771 Nurse Practice Act;
1772 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
1773 Practice Act;
1774 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
1775 Therapy Practice Act;
1776 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
1777 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
1778 Professional Practice Act;
1779 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
1780 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
1781 Practice Act;
1782 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
1783 Hygienist Practice Act; and
1784 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
1785 (45) (a) "Heavy beer" means a product that:
1786 (i) contains more than 4% alcohol by volume; and
1787 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
1788 (b) "Heavy beer" is considered liquor for the purposes of this title.
1789 (46) "Hotel" is as defined by the commission by rule.
1790 (47) "Identification card" means an identification card issued under Title 53, Chapter 3,
1791 Part 8, Identification Card Act.
1792 (48) "Industry representative" means an individual who is compensated by salary,
1793 commission, or other means for representing and selling an alcoholic product of a
1794 manufacturer, supplier, or importer of liquor.
1795 (49) "Industry representative sample" means liquor that is placed in the possession of
1796 the department for testing, analysis, and sampling by a local industry representative on the
1797 premises of the department to educate the local industry representative of the quality and
1798 characteristics of the product.
1799 (50) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
1800 of an alcoholic product is prohibited by:
1801 (a) law; or
1802 (b) court order.
1803 (51) "Intoxicated" means that a person:
1804 (a) is significantly impaired as to the person's mental or physical functions as a result of
1805 the use of:
1806 (i) an alcoholic product;
1807 (ii) a controlled substance;
1808 (iii) a substance having the property of releasing toxic vapors; or
1809 (iv) a combination of Subsections (51)(a)(i) through (iii); and
1810 (b) exhibits plain and easily observed outward manifestations of behavior or physical
1811 signs produced by the overconsumption of an alcoholic product.
1812 (52) "Investigator" means an individual who is:
1813 (a) a department compliance officer; or
1814 (b) a nondepartment enforcement officer.
1815 (53) "Invitee" [
1816 (54) "License" means:
1817 (a) a retail license;
1818 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
1819 Licenses Act;
1820 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
1821 or
1822 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
1823 (55) "Licensee" means a person who holds a license.
1824 (56) "Limited-service restaurant license" means a license issued in accordance with
1825 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
1826 (57) "Limousine" means a motor vehicle licensed by the state or a local authority, other
1827 than a bus or taxicab:
1828 (a) in which the driver and a passenger are separated by a partition, glass, or other
1829 barrier;
1830 (b) that is provided by a business entity to one or more individuals at a fixed charge in
1831 accordance with the business entity's tariff; and
1832 (c) to give the one or more individuals the exclusive use of the limousine and a driver
1833 to travel to one or more specified destinations.
1834 (58) (a) (i) "Liquor" means a liquid that:
1835 (A) is:
1836 (I) alcohol;
1837 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
1838 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
1839 (IV) other drink or drinkable liquid; and
1840 (B) (I) contains at least .5% alcohol by volume; and
1841 (II) is suitable to use for beverage purposes.
1842 (ii) "Liquor" includes:
1843 (A) heavy beer;
1844 (B) wine; and
1845 (C) a flavored malt beverage.
1846 (b) "Liquor" does not include beer.
1847 (59) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
1848 (60) "Liquor warehousing license" means a license that is issued:
1849 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
1850 (b) to a person, other than a licensed manufacturer, who engages in the importation for
1851 storage, sale, or distribution of liquor regardless of amount.
1852 (61) "Local authority" means:
1853 (a) for premises that are located in an unincorporated area of a county, the governing
1854 body of a county; or
1855 (b) for premises that are located in an incorporated city [
1856 the governing body of the city [
1857 (62) "Lounge or bar area" is as defined by rule made by the commission.
1858 (63) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
1859 otherwise make an alcoholic product for personal use or for sale or distribution to others.
1860 (64) "Member" means an individual who, after paying regular dues, has full privileges
1861 in an equity club licensee or fraternal club licensee.
1862 (65) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
1863 or homeport facility for a ship:
1864 (i) (A) under the control of the United States Department of Defense; or
1865 (B) of the National Guard;
1866 (ii) that is located within the state; and
1867 (iii) including a leased facility.
1868 (b) "Military installation" does not include a facility used primarily for:
1869 (i) civil works;
1870 (ii) a rivers and harbors project; or
1871 (iii) a flood control project.
1872 (66) "Minor" means an individual under the age of 21 years.
1873 (67) "Nondepartment enforcement agency" means an agency that:
1874 (a) (i) is a state agency other than the department; or
1875 (ii) is an agency of a county, city, [
1876 (b) has a responsibility to enforce one or more provisions of this title.
1877 (68) "Nondepartment enforcement officer" means an individual who is:
1878 (a) a peace officer, examiner, or investigator; and
1879 (b) employed by a nondepartment enforcement agency.
1880 (69) (a) "Off-premise beer retailer" means a beer retailer who is:
1881 (i) licensed in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local
1882 Authority; and
1883 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
1884 premises.
1885 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
1886 (70) "On-premise banquet license" means a license issued in accordance with Chapter
1887 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
1888 (71) "On-premise beer retailer" means a beer retailer who is:
1889 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
1890 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
1891 Retailer License; and
1892 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
1893 premises:
1894 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
1895 premises; and
1896 (ii) on and after March 1, 2012, operating:
1897 (A) as a tavern; or
1898 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
1899 (72) "Opaque" means impenetrable to sight.
1900 (73) "Package agency" means a retail liquor location operated:
1901 (a) under an agreement with the department; and
1902 (b) by a person:
1903 (i) other than the state; and
1904 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
1905 Agency, to sell packaged liquor for consumption off the premises of the package agency.
1906 (74) "Package agent" means a person who holds a package agency.
1907 (75) "Patron" means an individual to whom food, beverages, or services are sold,
1908 offered for sale, or furnished, or who consumes an alcoholic product including:
1909 (a) a customer;
1910 (b) a member;
1911 (c) a guest;
1912 (d) an attendee of a banquet or event;
1913 (e) an individual who receives room service;
1914 (f) a resident of a resort;
1915 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102;
1916 or
1917 (h) an invitee.
1918 (76) "Permittee" means a person issued a permit under:
1919 (a) Chapter 9, Event Permit Act; or
1920 (b) Chapter 10, Special Use Permit Act.
1921 (77) "Person subject to administrative action" means:
1922 (a) a licensee;
1923 (b) a permittee;
1924 (c) a manufacturer;
1925 (d) a supplier;
1926 (e) an importer;
1927 (f) one of the following holding a certificate of approval:
1928 (i) an out-of-state brewer;
1929 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
1930 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
1931 (g) staff of:
1932 (i) a person listed in Subsections (77)(a) through (f); or
1933 (ii) a package agent.
1934 (78) "Premises" means a building, enclosure, or room used in connection with the
1935 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
1936 unless otherwise defined in this title or rules made by the commission.
1937 (79) "Prescription" means an order issued by a health care practitioner when:
1938 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
1939 to prescribe a controlled substance, other drug, or device for medicinal purposes;
1940 (b) the order is made in the course of that health care practitioner's professional
1941 practice; and
1942 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
1943 (80) (a) "Private event" means a specific social, business, or recreational event:
1944 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
1945 group; and
1946 (ii) that is limited in attendance to people who are specifically designated and their
1947 guests.
1948 (b) "Private event" does not include an event to which the general public is invited,
1949 whether for an admission fee or not.
1950 (81) (a) "Proof of age" means:
1951 (i) an identification card;
1952 (ii) an identification that:
1953 (A) is substantially similar to an identification card;
1954 (B) is issued in accordance with the laws of a state other than Utah in which the
1955 identification is issued;
1956 (C) includes date of birth; and
1957 (D) has a picture affixed;
1958 (iii) a valid driver license certificate that:
1959 (A) includes date of birth;
1960 (B) has a picture affixed; and
1961 (C) is issued:
1962 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
1963 (II) in accordance with the laws of the state in which it is issued;
1964 (iv) a military identification card that:
1965 (A) includes date of birth; and
1966 (B) has a picture affixed; or
1967 (v) a valid passport.
1968 (b) "Proof of age" does not include a driving privilege card issued in accordance with
1969 Section 53-3-207.
1970 (82) (a) "Public building" means a building or permanent structure that is:
1971 (i) owned or leased by:
1972 (A) the state; or
1973 (B) a local government entity; and
1974 (ii) used for:
1975 (A) public education;
1976 (B) transacting public business; or
1977 (C) regularly conducting government activities.
1978 (b) "Public building" does not include a building owned by the state or a local
1979 government entity when the building is used by a person, in whole or in part, for a proprietary
1980 function.
1981 (83) "Public conveyance" means a conveyance to which the public or a portion of the
1982 public has access to and a right to use for transportation, including an airline, railroad, bus,
1983 boat, or other public conveyance.
1984 (84) "Reception center" means a business that:
1985 (a) operates facilities that are at least 5,000 square feet; and
1986 (b) has as its primary purpose the leasing of the facilities described in Subsection
1987 (84)(a) to a third party for the third party's event.
1988 (85) "Reception center license" means a license issued in accordance with Chapter 5,
1989 Retail License Act, and Chapter 6, Part 8, Reception Center License.
1990 (86) (a) "Record" means information that is:
1991 (i) inscribed on a tangible medium; or
1992 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
1993 (b) "Record" includes:
1994 (i) a book;
1995 (ii) a book of account;
1996 (iii) a paper;
1997 (iv) a contract;
1998 (v) an agreement;
1999 (vi) a document; or
2000 (vii) a recording in any medium.
2001 (87) "Residence" means a person's principal place of abode within Utah.
2002 (88) "Resident," in relation to a resort, [
2003 Section 32B-8-102.
2004 (89) "Resort" [
2005 (90) "Resort facility" is as defined by the commission by rule.
2006 (91) "Resort license" means a license issued in accordance with Chapter 5, Retail
2007 License Act, and Chapter 8, Resort License Act.
2008 (92) "Restaurant" means a business location:
2009 (a) at which a variety of foods are prepared;
2010 (b) at which complete meals are served to the general public; and
2011 (c) that is engaged primarily in serving meals to the general public.
2012 (93) "Retail license" means one of the following licenses issued under this title:
2013 (a) a full-service restaurant license;
2014 (b) a master full-service restaurant license;
2015 (c) a limited-service restaurant license;
2016 (d) a master limited-service restaurant license;
2017 (e) a club license;
2018 (f) an airport lounge license;
2019 (g) an on-premise banquet license;
2020 (h) an on-premise beer license;
2021 (i) a reception center license; or
2022 (j) a beer-only restaurant license.
2023 (94) "Room service" means furnishing an alcoholic product to a person in a guest room
2024 of a:
2025 (a) hotel; or
2026 (b) resort facility.
2027 [
2028 minors.
2029 (b) "School" does not include an educational facility.
2030 [
2031 for consideration, an alcoholic product is either directly or indirectly transferred, solicited,
2032 ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether
2033 done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or
2034 the rules made by the commission.
2035 [
2036 (98) "Sexually oriented entertainer" means a person who while in a state of seminudity
2037 appears at or performs:
2038 (a) for the entertainment of one or more patrons;
2039 (b) on the premises of:
2040 (i) a social club licensee; or
2041 (ii) a tavern;
2042 (c) on behalf of or at the request of the licensee described in Subsection (98)(b);
2043 (d) on a contractual or voluntary basis; and
2044 (e) whether or not the person is designated as:
2045 (i) an employee;
2046 (ii) an independent contractor;
2047 (iii) an agent of the licensee; or
2048 (iv) a different type of classification.
2049 (99) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
2050 Single Event Permit.
2051 (100) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
2052 beer, heavy beer, and flavored malt beverages per year.
2053 (101) "Social club license" means a license issued in accordance with Chapter 5, Retail
2054 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
2055 social club license.
2056 (102) "Special use permit" means a permit issued in accordance with Chapter 10,
2057 Special Use Permit Act.
2058 (103) (a) "Spirituous liquor" means liquor that is distilled.
2059 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
2060 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
2061 (104) "Sports center" is as defined by the commission by rule.
2062 (105) (a) "Staff" means an individual who engages in activity governed by this title:
2063 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
2064 holder;
2065 (ii) at the request of the business, including a package agent, licensee, permittee, or
2066 certificate holder; or
2067 (iii) under the authority of the business, including a package agent, licensee, permittee,
2068 or certificate holder.
2069 (b) "Staff" includes:
2070 (i) an officer;
2071 (ii) a director;
2072 (iii) an employee;
2073 (iv) personnel management;
2074 (v) an agent of the licensee, including a managing agent;
2075 (vi) an operator; or
2076 (vii) a representative.
2077 (106) "State of nudity" means:
2078 (a) the appearance of:
2079 (i) the nipple or areola of a female human breast;
2080 (ii) a human genital;
2081 (iii) a human pubic area; or
2082 (iv) a human anus; or
2083 (b) a state of dress that fails to opaquely cover:
2084 (i) the nipple or areola of a female human breast;
2085 (ii) a human genital;
2086 (iii) a human pubic area; or
2087 (iv) a human anus.
2088 (107) "State of seminudity" means a state of dress in which opaque clothing covers no
2089 more than:
2090 (a) the nipple and areola of the female human breast in a shape and color other than the
2091 natural shape and color of the nipple and areola; and
2092 (b) the human genitals, pubic area, and anus:
2093 (i) with no less than the following at its widest point:
2094 (A) four inches coverage width in the front of the human body; and
2095 (B) five inches coverage width in the back of the human body; and
2096 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
2097 (108) (a) "State store" means a facility for the sale of packaged liquor:
2098 (i) located on premises owned or leased by the state; and
2099 (ii) operated by a state employee.
2100 (b) "State store" does not include:
2101 (i) a package agency;
2102 (ii) a licensee; or
2103 (iii) a permittee.
2104 (109) (a) "Storage area" means an area on licensed premises where the licensee stores
2105 an alcoholic product.
2106 (b) "Store" means to place or maintain in a location an alcoholic product from which a
2107 person draws to prepare an alcoholic product to be furnished to a patron, except as provided in
2108 Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or
2109 32B-6-905(12)(b)(ii).
2110 (110) "Sublicense" [
2111 (111) "Supplier" means a person who sells an alcoholic product to the department.
2112 (112) "Tavern" means an on-premise beer retailer who is:
2113 (a) issued a license by the commission in accordance with Chapter 5, Retail License
2114 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
2115 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
2116 On-Premise Beer Retailer License.
2117 (113) "Temporary beer event permit" means a permit issued in accordance with
2118 Chapter 9, Part 4, Temporary Beer Event Permit.
2119 (114) "Temporary domicile" means the principal place of abode within Utah of a
2120 person who does not have a present intention to continue residency within Utah permanently or
2121 indefinitely.
2122 (115) "Translucent" means a substance that allows light to pass through, but does not
2123 allow an object or person to be seen through the substance.
2124 (116) "Unsaleable liquor merchandise" means a container that:
2125 (a) is unsaleable because the container is:
2126 (i) unlabeled;
2127 (ii) leaky;
2128 (iii) damaged;
2129 (iv) difficult to open; or
2130 (v) partly filled;
2131 (b) (i) has faded labels or defective caps or corks;
2132 (ii) has contents that are:
2133 (A) cloudy;
2134 (B) spoiled; or
2135 (C) chemically determined to be impure; or
2136 (iii) contains:
2137 (A) sediment; or
2138 (B) a foreign substance; or
2139 (c) is otherwise considered by the department as unfit for sale.
2140 (117) (a) "Wine" means an alcoholic product obtained by the fermentation of the
2141 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
2142 another ingredient is added.
2143 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
2144 in this title.
2145 (118) "Winery manufacturing license" means a license issued in accordance with
2146 Chapter 11, Part 3, Winery Manufacturing License.
2147 Section 22. Section 32B-1-202 is amended to read:
2148 32B-1-202. Proximity to community location.
2149 (1) For purposes of this section, "outlet" means:
2150 (a) a state store;
2151 (b) a package agency; or
2152 (c) a retail licensee, except an airport lounge licensee.
2153 (2) Except as otherwise provided in this section, the premises of an outlet may not be
2154 located:
2155 (a) within 600 feet of a community location, as measured from the nearest entrance of
2156 the outlet by following the shortest route of ordinary pedestrian travel to the property boundary
2157 of the community location; or
2158 (b) within 200 feet of a community location, measured in a straight line from the
2159 nearest entrance of the outlet to the nearest property boundary of the community location.
2160 (3) With respect to the location of an outlet, the commission may authorize a variance
2161 to reduce the proximity requirement of Subsection (2) if:
2162 (a) when the variance reduces the proximity requirement of Subsection (2)(b), the
2163 community location at issue is:
2164 (i) a public library; or
2165 (ii) a public park;
2166 (b) except with respect to a state store, the local authority gives its written consent to
2167 the variance;
2168 (c) the commission finds that alternative locations for locating that type of outlet in the
2169 community are limited;
2170 (d) a public hearing is held in the city, town, metro township, or county, and when
2171 practical in the neighborhood concerned;
2172 (e) after giving full consideration to the attending circumstances and the policies stated
2173 in Subsections 32B-1-103(3) and (4), the commission determines that locating the outlet in that
2174 location would not be detrimental to the public health, peace, safety, and welfare of the
2175 community;
2176 (f) (i) the community location governing authority gives its written consent to the
2177 variance; or
2178 (ii) if the community location governing authority does not give its written consent to a
2179 variance, the commission finds the following for a state store, or if the outlet is a package
2180 agency or retail licensee, the commission finds that the applicant establishes the following:
2181 (A) there is substantial unmet public demand to consume an alcoholic product:
2182 (I) within the geographic boundary of the local authority in which the outlet is to be
2183 located; and
2184 (II) for an outlet that is a retail licensee, in a public setting;
2185 (B) there is no reasonably viable alternative for satisfying the substantial unmet
2186 demand other than through locating that type of outlet in that location; and
2187 (C) there is no reasonably viable alternative location within the geographic boundary of
2188 the local authority in which the outlet is to be located for locating that type of outlet to satisfy
2189 the unmet demand.
2190 (4) With respect to the premises of a package agency or retail licensee that undergoes a
2191 change of ownership, the commission may waive or vary the proximity requirements of
2192 Subsection (2) in considering whether to issue the package agency or same type of retail license
2193 to the new owner of the premises if:
2194 (a) the premises previously received a variance reducing the proximity requirement of
2195 Subsection (2)(a);
2196 (b) the premises received a variance reducing the proximity requirement of Subsection
2197 (2)(b) on or before May 4, 2008; or
2198 (c) a variance from proximity requirements was otherwise allowed under this title.
2199 (5) Nothing in this section prevents the commission from considering the proximity of
2200 an educational, religious, and recreational facility, or any other relevant factor in reaching a
2201 decision on a proposed location of an outlet.
2202 Section 23. Section 32B-2-402 is amended to read:
2203 32B-2-402. Definitions -- Calculations.
2204 (1) As used in this part:
2205 (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
2206 Treatment Restricted Account created in Section 32B-2-403.
2207 (b) "Advisory council" means the Utah Substance Abuse Advisory Council created in
2208 Section 63M-7-301.
2209 (c) "Alcohol-related offense" means:
2210 (i) a violation of:
2211 (A) Section 41-6a-502; or
2212 (B) an ordinance that complies with the requirements of:
2213 (I) Subsection 41-6a-510(1); or
2214 (II) Section 76-5-207; or
2215 (ii) an offense involving the illegal:
2216 (A) sale of an alcoholic product;
2217 (B) consumption of an alcoholic product;
2218 (C) distribution of an alcoholic product;
2219 (D) transportation of an alcoholic product; or
2220 (E) possession of an alcoholic product.
2221 (d) "Annual conviction time period" means the time period that:
2222 (i) begins on July 1 and ends on June 30; and
2223 (ii) immediately precedes the fiscal year for which an appropriation under this part is
2224 made.
2225 (e) "Municipality" means:
2226 (i) a city; [
2227 (ii) a town[
2228 (iii) a metro township.
2229 (f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
2230 Administrative Rulemaking Act, by the Division of Substance Abuse and Mental Health within
2231 the Department of Human Services.
2232 (ii) In defining the term "prevention," the Division of Substance Abuse and Mental
2233 Health shall:
2234 (A) include only evidence-based or evidence-informed programs; and
2235 (B) provide for coordination with local substance abuse authorities designated to
2236 provide substance abuse services in accordance with Section 17-43-201.
2237 (2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located
2238 within the limits of a municipality or county:
2239 (a) is the number determined by the department to be so located;
2240 (b) includes the aggregate number of premises of the following:
2241 (i) a state store;
2242 (ii) a package agency; and
2243 (iii) a retail licensee; and
2244 (c) for a county, consists only of the number located within an unincorporated area of
2245 the county.
2246 (3) The department shall determine:
2247 (a) a population figure according to the most current population estimate prepared by
2248 the Utah Population Estimates Committee;
2249 (b) a county's population for the 25% distribution to municipalities and counties under
2250 Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated
2251 areas of the county; and
2252 (c) a county's population for the 25% distribution to counties under Subsection
2253 32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of
2254 a municipality.
2255 (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
2256 offense to judgment.
2257 (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
2258 the municipality or county that, except for the guilty plea, would have prosecuted the offense.
2259 Section 24. Section 32B-4-202 is amended to read:
2260 32B-4-202. Duties to enforce this title.
2261 (1) It is the duty of the following to diligently enforce this title in their respective
2262 capacities:
2263 (a) the governor;
2264 (b) a commissioner;
2265 (c) the director;
2266 (d) an official, inspector, or department employee;
2267 (e) a prosecuting official of the state or its political subdivisions;
2268 (f) a county, city, [
2269 (g) a peace officer, sheriff, deputy sheriff, constable, marshal, or law enforcement
2270 official;
2271 (h) a state health official; and
2272 (i) a clerk of the court.
2273 (2) Immediately upon conviction of a person for violation of this title or of a local
2274 ordinance relating to an alcoholic product, it is the duty of the clerk of the court to notify the
2275 department of the conviction in writing on forms supplied by the department.
2276 Section 25. Section 32B-5-403 is amended to read:
2277 32B-5-403. Alcohol training and education -- Revocation, suspension, or
2278 nonrenewal of retail license.
2279 (1) The commission may suspend, revoke, or not renew a license of a retail licensee if
2280 any of the following individuals, as defined in Section 62A-15-401, fail to complete an alcohol
2281 training and education seminar:
2282 (a) an individual who manages operations at the licensed premises for consumption on
2283 the licensed premises;
2284 (b) an individual who supervises the furnishing of an alcoholic product to a patron for
2285 consumption on the licensed premises; or
2286 (c) an individual who serves an alcoholic product to a patron for consumption on the
2287 licensed premises.
2288 (2) A city, town, metro township, or county in which a retail licensee conducts its
2289 business may suspend, revoke, or not renew the business license of the retail licensee if an
2290 individual described in Subsection (1) fails to complete an alcohol training and education
2291 seminar.
2292 (3) A local authority that issues an off-premise beer retailer license to a business that is
2293 engaged in the retail sale of beer for consumption off the beer retailer's premises may
2294 immediately suspend the off-premise beer retailer license if any of the following individuals
2295 fails to complete an alcohol training and education seminar, an individual who:
2296 (a) directly supervises the sale of beer to a patron for consumption off the premises of
2297 the off-premise beer retailer; or
2298 (b) sells beer to a patron for consumption off the premises of the off-premise beer
2299 retailer.
2300 Section 26. Section 52-1-1 is amended to read:
2301 52-1-1. Official bonds to run to state, county, municipality, or other agency.
2302 When the law directs that a public officer shall give a bond without prescribing to
2303 whom it shall run it shall be made, if [
2304 county, precinct or district officer, to the county; if a municipal officer, to the city [
2305 metro township; and if a school officer, to the board of education.
2306 Section 27. Section 52-1-5.1 is enacted to read:
2307 52-1-5.1. Metro township officers -- Where filed.
2308 Official oaths and bonds of metro township officers shall be filed with the county clerk.
2309 Section 28. Section 63G-6a-103 is amended to read:
2310 63G-6a-103. Definitions.
2311 As used in this chapter:
2312 (1) "Bidder" means a person who responds to an invitation for bids.
2313 (2) "Change directive" means a written order signed by the procurement officer that
2314 directs the contractor to suspend work or make changes, as authorized by contract, without the
2315 consent of the contractor.
2316 (3) "Change order" means a written alteration in specifications, delivery point, rate of
2317 delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
2318 agreement of the parties to the contract.
2319 (4) "Chief procurement officer" means the chief procurement officer appointed under
2320 Subsection 63G-6a-302(1).
2321 (5) "Conducting procurement unit" means a procurement unit that conducts all aspects
2322 of a procurement:
2323 (a) except:
2324 (i) reviewing a solicitation to verify that it is in proper form; and
2325 (ii) causing the publication of a notice of a solicitation; and
2326 (b) including:
2327 (i) preparing any solicitation document;
2328 (ii) appointing an evaluation committee;
2329 (iii) conducting the evaluation process, except as provided in Subsection
2330 63G-6a-707(5)(b) relating to scores calculated for costs of proposals;
2331 (iv) selecting and recommending the person to be awarded a contract;
2332 (v) negotiating the terms and conditions of a contract, subject to the issuing
2333 procurement unit's approval; and
2334 (vi) administering a contract.
2335 (6) (a) "Construction" means the process of building, renovating, altering, improving,
2336 or repairing a public building or public work.
2337 (b) "Construction" does not include the routine operation, routine repair, or routine
2338 maintenance of an existing structure, building, or real property.
2339 (7) (a) "Construction manager/general contractor" means a contractor who enters into a
2340 contract for the management of a construction project when the contract allows the contractor
2341 to subcontract for additional labor and materials that are not included in the contractor's cost
2342 proposal submitted at the time of the procurement of the contractor's services.
2343 (b) "Construction manager/general contractor" does not include a contractor whose
2344 only subcontract work not included in the contractor's cost proposal submitted as part of the
2345 procurement of the contractor's services is to meet subcontracted portions of change orders
2346 approved within the scope of the project.
2347 (8) "Contract" means an agreement for the procurement or disposal of a procurement
2348 item.
2349 (9) "Contractor" means a person who is awarded a contract with a procurement unit.
2350 (10) "Cooperative procurement" means procurement conducted by, or on behalf of:
2351 (a) more than one procurement unit; or
2352 (b) a procurement unit and a cooperative purchasing organization.
2353 (11) "Cost-plus-a-percentage-of-cost contract" means a contract where the contractor is
2354 paid a percentage over and above the contractor's actual expenses or costs.
2355 (12) "Cost-reimbursement contract" means a contract under which a contractor is
2356 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
2357 the provisions of this chapter, and a fee, if any.
2358 (13) "Days" means calendar days, unless expressly provided otherwise.
2359 (14) "Definite quantity contract" means a fixed price contract that provides for the
2360 supply of a specified amount of goods over a specified period, with deliveries scheduled
2361 according to a specified schedule.
2362 (15) "Design-build" means the procurement of design professional services and
2363 construction by the use of a single contract with the design-build provider.
2364 (16) "Design professional" means:
2365 (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
2366 Licensing Act; or
2367 (b) an individual licensed as a professional engineer or professional land surveyor
2368 under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
2369 Act.
2370 (17) "Design professional services" means:
2371 (a) professional services within the scope of the practice of architecture as defined in
2372 Section 58-3a-102;
2373 (b) professional engineering as defined in Section 58-22-102; or
2374 (c) master planning and programming services.
2375 (18) "Directed procurement" means a procurement of a procurement item in which the
2376 source of the funds used to procure the procurement item:
2377 (a) directs from whom the procurement item is to be procured; or
2378 (b) imposes requirements on how the procurement is to be administered.
2379 (19) "Director" means the director of the division.
2380 (20) "Established catalogue price" means the price included in a catalogue, price list,
2381 schedule, or other form that:
2382 (a) is regularly maintained by a manufacturer or contractor;
2383 (b) is either published or otherwise available for inspection by customers; and
2384 (c) states prices at which sales are currently or were last made to a significant number
2385 of any category of buyers or buyers constituting the general buying public for the supplies or
2386 services involved.
2387 (21) "Fixed price contract" means a contract that provides a price, for each
2388 procurement item obtained under the contract, that is not subject to adjustment except to the
2389 extent that:
2390 (a) the contract provides, under circumstances specified in the contract, for an
2391 adjustment in price that is not based on cost to the contractor; or
2392 (b) an adjustment is required by law.
2393 (22) "Fixed price contract with price adjustment" means a fixed price contract that
2394 provides for an upward or downward revision of price, precisely described in the contract, that:
2395 (a) is based on the consumer price index or another commercially acceptable index,
2396 source, or formula; and
2397 (b) is not based on a percentage of the cost to the contractor.
2398 (23) "Grant" means an expenditure of public funds or other assistance, or an agreement
2399 to expend public funds or other assistance, for a public purpose authorized by law, without
2400 acquiring a procurement item in exchange.
2401 (24) "Head of a procurement unit" means:
2402 (a) as it relates to a legislative procurement unit, any person designated by rule made
2403 by the applicable rulemaking authority;
2404 (b) as it relates to an executive branch procurement unit:
2405 (i) the director of a division; or
2406 (ii) any other person designated by the board, by rule;
2407 (c) as it relates to a judicial procurement unit:
2408 (i) the Judicial Council; or
2409 (ii) any other person designated by the Judicial Council, by rule;
2410 (d) as it relates to a local government procurement unit:
2411 (i) the legislative body of the local government procurement unit; or
2412 (ii) any other person designated by the local government procurement unit;
2413 (e) as it relates to a local district, the board of trustees of the local district or a designee
2414 of the board of trustees;
2415 (f) as it relates to a special service district, the governing body of the special service
2416 district or a designee of the governing body;
2417 (g) as it relates to a local building authority, the board of directors of the local building
2418 authority or a designee of the board of directors;
2419 (h) as it relates to a conservation district, the board of supervisors of the conservation
2420 district or a designee of the board of supervisors;
2421 (i) as it relates to a public corporation, the board of directors of the public corporation
2422 or a designee of the board of directors;
2423 (j) as it relates to a school district or any school or entity within a school district, the
2424 board of the school district, or the board's designee;
2425 (k) as it relates to a charter school, the individual or body with executive authority over
2426 the charter school, or the individual's or body's designee;
2427 (l) as it relates to an institution of higher education of the state, the president of the
2428 institution of higher education, or the president's designee; or
2429 (m) as it relates to a public transit district, the board of trustees or a designee of the
2430 board of trustees.
2431 (25) "Indefinite quantity contract" means a fixed price contract that:
2432 (a) is for an indefinite amount of procurement items to be supplied as ordered by a
2433 procurement unit; and
2434 (b) (i) does not require a minimum purchase amount; or
2435 (ii) provides a maximum purchase limit.
2436 (26) "Independent procurement authority" means authority granted to a procurement
2437 unit under Subsection 63G-6a-106(4)(a).
2438 (27) "Invitation for bids" includes all documents, including documents that are attached
2439 or incorporated by reference, used for soliciting bids to provide a procurement item to a
2440 procurement unit.
2441 (28) "Issuing procurement unit" means a procurement unit that:
2442 (a) reviews a solicitation to verify that it is in proper form;
2443 (b) causes the notice of a solicitation to be published; and
2444 (c) negotiates the terms and conditions of a contract.
2445 (29) "Labor hour contract" is a contract where:
2446 (a) the supplies and materials are not provided by, or through, the contractor; and
2447 (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
2448 profit for a specified number of labor hours or days.
2449 (30) "Multiple award contracts" means the award of a contract for an indefinite
2450 quantity of a procurement item to more than one bidder or offeror.
2451 (31) "Multiyear contract" means a contract that extends beyond a one-year period,
2452 including a contract that permits renewal of the contract, without competition, beyond the first
2453 year of the contract.
2454 (32) "Municipality" means a city [
2455 (33) "Offeror" means a person who responds to a request for proposals.
2456 (34) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
2457 under the requirements of this chapter.
2458 (35) "Procure" means to acquire a procurement item through a procurement.
2459 (36) "Procurement":
2460 (a) means an expenditure of public funds, or an agreement to expend public funds, in
2461 exchange for a procurement item;
2462 (b) includes all functions that pertain to the acquisition of a procurement item,
2463 including:
2464 (i) the description of requirements;
2465 (ii) the selection process;
2466 (iii) solicitation of sources;
2467 (iv) the preparation for soliciting a procurement item; and
2468 (v) the award of a contract; and
2469 (c) does not include a grant.
2470 (37) "Procurement item" means a supply, a service, construction, or technology.
2471 (38) "Procurement officer" means:
2472 (a) as it relates to a procurement unit with independent procurement authority:
2473 (i) the head of the procurement unit;
2474 (ii) a designee of the head of the procurement unit; or
2475 (iii) a person designated by rule made by the applicable rulemaking authority; or
2476 (b) as it relates to the division or a procurement unit without independent procurement
2477 authority, the chief procurement officer.
2478 (39) "Professional service" means a service that requires a high degree of specialized
2479 knowledge and discretion in the performance of the service, including:
2480 (a) legal services;
2481 (b) consultation services;
2482 (c) architectural services;
2483 (d) engineering;
2484 (e) design;
2485 (f) underwriting;
2486 (g) bond counsel;
2487 (h) financial advice;
2488 (i) construction management;
2489 (j) medical services;
2490 (k) psychiatric services; or
2491 (l) counseling services.
2492 (40) "Protest officer" means:
2493 (a) as it relates to the division or a procurement unit with independent procurement
2494 authority:
2495 (i) the head of the procurement unit;
2496 (ii) a designee of the head of the procurement unit; or
2497 (iii) a person designated by rule made by the applicable rulemaking authority; or
2498 (b) as it relates to a procurement unit without independent procurement authority, the
2499 chief procurement officer or the chief procurement officer's designee.
2500 (41) "Request for information" means a nonbinding process where a procurement unit
2501 requests information relating to a procurement item.
2502 (42) "Request for proposals" includes all documents, including documents that are
2503 attached or incorporated by reference, used for soliciting proposals to provide a procurement
2504 item to a procurement unit.
2505 (43) "Request for statement of qualifications" means all documents used to solicit
2506 information about the qualifications of the person interested in responding to a potential
2507 procurement, including documents attached or incorporated by reference.
2508 (44) "Requirements contract" means a contract:
2509 (a) where a contractor agrees to provide a procurement unit's entire requirements for
2510 certain procurement items at prices specified in the contract during the contract period; and
2511 (b) that:
2512 (i) does not require a minimum purchase amount; or
2513 (ii) provides a maximum purchase limit.
2514 (45) "Responsible" means being capable, in all respects, of:
2515 (a) meeting all the requirements of a solicitation; and
2516 (b) fully performing all the requirements of the contract resulting from the solicitation,
2517 including being financially solvent with sufficient financial resources to perform the contract.
2518 (46) "Responsive" means conforming in all material respects to the invitation for bids
2519 or request for proposals.
2520 (47) "Sealed" means manually or electronically sealed and submitted bids or proposals.
2521 (48) (a) "Services" means the furnishing of labor, time, or effort by a contractor, not
2522 involving the delivery of a specific end product other than a report that is incidental to the
2523 required performance.
2524 (b) "Services" does not include an employment agreement or a collective bargaining
2525 agreement.
2526 (49) "Sole source contract" means a contract resulting from a sole source procurement.
2527 (50) "Sole source procurement" means a procurement without competition pursuant to
2528 a determination under Subsection 63G-6a-802(2)(a) that there is only one source for the
2529 procurement item.
2530 (51) "Solicitation" means an invitation for bids, request for proposals, notice of a sole
2531 source procurement, request for statement of qualifications, request for information, or any
2532 document used to obtain bids, proposals, pricing, qualifications, or information for the purpose
2533 of entering into a procurement contract.
2534 (52) "Specification" means any description of the physical or functional characteristics,
2535 or nature of a procurement item included in an invitation for bids or a request for proposals, or
2536 otherwise specified or agreed to by a procurement unit, including a description of:
2537 (a) a requirement for inspecting or testing a procurement item; or
2538 (b) preparing a procurement item for delivery.
2539 (53) "Standard procurement process" means one of the following methods of obtaining
2540 a procurement item:
2541 (a) bidding, as described in Part 6, Bidding;
2542 (b) request for proposals, as described in Part 7, Request for Proposals; or
2543 (c) small purchases, in accordance with the requirements established under Section
2544 63G-6a-408.
2545 (54) "State cooperative contract" means a contract awarded by the division for and in
2546 behalf of all public entities.
2547 (55) "Statement of qualifications" means a written statement submitted to a
2548 procurement unit in response to a request for statement of qualifications.
2549 (56) (a) "Subcontractor" means a person under contract with a contractor or another
2550 subcontractor to provide services or labor for design or construction.
2551 (b) "Subcontractor" includes a trade contractor or specialty contractor.
2552 (c) "Subcontractor" does not include a supplier who provides only materials,
2553 equipment, or supplies to a contractor or subcontractor.
2554 (57) "Supplies" means all property, including equipment, materials, and printing.
2555 (58) "Tie bid" means that the lowest responsive and responsible bids are identical in
2556 price.
2557 (59) "Time and materials contract" means a contract where the contractor is paid:
2558 (a) the actual cost of direct labor at specified hourly rates;
2559 (b) the actual cost of materials and equipment usage; and
2560 (c) an additional amount, expressly described in the contract, to cover overhead and
2561 profit, that is not based on a percentage of the cost to the contractor.
2562 Section 29. Section 63I-1-220 is amended to read:
2563 63I-1-220. Repeal dates, Title 20A.
2564 On January 1, 2017:
2565 (1) Subsection 20A-1-102[
2566 (2) Subsection 20A-2-102.5(1) the language that states "20A-4-108, or" is repealed.
2567 [
2568
2569 [
2570 Subsection 20A-4-108(6)," is repealed.
2571 [
2572 Subsection 20A-4-108(7)," is repealed.
2573 [
2574 Subsection 20A-4-108(8)," is repealed.
2575 [
2576 in Subsection 20A-4-108(9)," is repealed.
2577 [
2578 [
2579 Subsection 20A-4-108(10)," is repealed.
2580 [
2581 accordance with the pilot project, registered to vote under Subsection 20A-4-108(10)," is
2582 repealed.
2583 [
2584 Subsection 20A-4-108(12)," is repealed.
2585 [