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7 LONG TITLE
8 General Description:
9 This bill requires a local government to post a required notice of a local budget hearing
10 on the local government's website where applicable.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a local government to post a required notice of a local budget hearing on
14 the local government's website where applicable; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-5-107, as last amended by Laws of Utah 2016, Chapter 353
23 10-5-108, as last amended by Laws of Utah 2010, Chapters 90 and 116
24 10-6-113, as last amended by Laws of Utah 2010, Chapters 90 and 116
25 17-36-12, as last amended by Laws of Utah 2010, Chapter 90
26 17-36-26, as last amended by Laws of Utah 2014, Chapter 176
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-5-107 is amended to read:
30 10-5-107. Tentative budgets required for public inspection -- Contents --
31 Adoption of tentative budget.
32 (1) (a) On or before the first regularly scheduled town council meeting of May, the
33 mayor shall:
34 (i) in accordance with Subsection (1)(b), prepare for the ensuing year a tentative budget
35 for each fund for which a budget is required;
36 (ii) make the tentative budget available for public inspection; and
37 (iii) submit the tentative budget to the town council.
38 (b) The tentative budget for each fund shall set forth in tabular form:
39 (i) actual revenues and expenditures in the last completed fiscal year;
40 (ii) estimated total revenues and expenditures for the current fiscal year; and
41 (iii) the mayor's estimates of revenues and expenditures for the budget year.
42 (2) (a) The mayor shall:
43 (i) estimate the amount of revenue available to serve the needs of each fund;
44 (ii) estimate the portion to be derived from all sources other than general property
45 taxes; and
46 (iii) estimate the portion that shall be derived from general property taxes.
47 (b) From the estimates required by Subsection (2)(a), the mayor shall compute and
48 disclose in the budget the lowest rate of property tax levy that will raise the required amount of
49 revenue, calculating the levy on the latest taxable value.
50 (3) A governing body may spend or transfer money deposited in an enterprise fund for
51 a good, service, project, venture, or other purpose that is not directly related to the goods or
52 services provided by the enterprise for which the enterprise fund was created, if the governing
53 body:
54 (a) transfers the money from the enterprise fund to another fund; and
55 (b) complies with the hearing and notice requirements of Subsections (5)(a), (b), and
56 (c).
57 (4) (a) Before the public hearing required under Section 10-5-108, the town council:
58 (i) shall review, consider, and tentatively adopt the tentative budget in any regular
59 meeting or special meeting called for that purpose; and
60 (ii) may amend or revise the tentative budget.
61 (b) At the meeting at which the town council adopts the tentative budget, the council
62 shall establish the time and place of the public hearing required under Section 10-5-108.
63 (5) (a) Except as provided in Subsection (5)(d), if a town council includes in a tentative
64 budget, or an amendment to a budget, allocations or transfers from an enterprise fund to
65 another fund for a good, service, project, venture, or purpose other than reasonable allocations
66 of costs between the enterprise fund and the other fund, the governing body shall:
67 (i) hold a public hearing;
68 (ii) prepare a written notice of the date, time, place, and purpose of the hearing as
69 described in Subsection (5)(b); [
70 (iii) subject to Subsection (5)(c), mail the notice to each enterprise fund customer at
71 least seven days before the day of the hearing[
72 (iv) publish the notice or a link to the notice on the home page of the website of the
73 town or metro township, if the town or metro township has a publicly viewable website,
74 beginning at least seven days before the hearing and until the hearing takes place.
75 (b) The purpose portion of the written notice shall identify:
76 (i) the enterprise fund from which money is being allocated or transferred;
77 (ii) the amount being allocated or transferred; and
78 (iii) the fund to which the money is being allocated or transferred.
79 (c) The town council:
80 (i) may print the written notice required under Subsection (5)(a)(ii) on the enterprise
81 fund customer's bill; and
82 (ii) shall include the written notice required under Subsection (5)(a)(ii) as separate
83 notification mailed or transmitted with the enterprise fund customer's bill.
84 (d) A governing body is not required to repeat the notice and hearing requirements in
85 this Subsection (5) if the funds to be allocated or transferred for the current year were
86 previously approved by the governing body during the current year and at a public hearing that
87 complies with the notice and hearing requirements of this Subsection (5).
88 Section 2. Section 10-5-108 is amended to read:
89 10-5-108. Budget hearing -- Notice -- Adjustments.
90 (1) Prior to the adoption of the final budget or an amendment to a budget, a town
91 council shall hold a public hearing to receive public comment.
92 (2) The town council shall provide notice of the place, purpose, and time of the public
93 hearing by publishing notice at least seven days before the hearing:
94 (a) (i) at least once in a newspaper of general circulation in the town; or
95 (ii) if there is no newspaper of general circulation, then by posting the notice in three
96 public places at least 48 hours [
97 (b) on the Utah Public Notice Website created in Section 63F-1-701[
98 (c) on the home page of the website, either in full or as a link, of the town or metro
99 township, if the town or metro township has a publicly viewable website, until the hearing
100 takes place.
101 (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
102 expenditures and revenues in conformity with this chapter.
103 Section 3. Section 10-6-113 is amended to read:
104 10-6-113. Budget -- Notice of hearing to consider adoption.
105 At the meeting at which each tentative budget is adopted, the governing body shall
106 establish the time and place of a public hearing to consider its adoption and shall order that
107 notice of the public hearing be published at least seven days prior to the hearing:
108 (1) (a) in at least one issue of a newspaper of general circulation published in the
109 county in which the city is located; or
110 (b) if there is not a newspaper as described in Subsection (1)(a), [
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112 (2) on the Utah Public Notice Website created in Section 63F-1-701[
113 (3) on the home page of the website, either in full or as a link, of the city or metro
114 township, if the city or metro township has a publicly viewable website, until the hearing takes
115 place.
116 Section 4. Section 17-36-12 is amended to read:
117 17-36-12. Notice of budget hearing.
118 (1) The governing body shall determine the time and place for the public hearing on the
119 adoption of the budget.
120 (2) Notice of such hearing shall be published:
121 (a) (i) at least seven days before the hearing in at least one newspaper of general
122 circulation within the county, if there is such a paper; or
123 (ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
124 three conspicuous places within the county seven days before the hearing; [
125 (b) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
126 before the hearing[
127 (c) on the home page of the county's website, either in full or as a link, if the county has
128 a publicly viewable website, beginning at least seven days before the hearing and until the
129 hearing takes place.
130 Section 5. Section 17-36-26 is amended to read:
131 17-36-26. Increase in budgetary fund or county general fund -- Public hearing.
132 (1) Before the governing body may, by resolution, increase a budget appropriation of
133 any budgetary fund, increase the budget of the county general fund, or make an amendment to a
134 budgetary fund or the county general fund, the governing body shall hold a public hearing
135 giving all interested parties an opportunity to be heard.
136 (2) Notice of the public hearing described in Subsection (1) shall be published at least
137 five days before the day of the hearing:
138 (a) (i) in at least one issue of a newspaper generally circulated in the county; or
139 (ii) if there is not a newspaper generally circulated in the county, the hearing may be
140 published by posting notice in three conspicuous places within the county; [
141 (b) on the Utah Public Notice Website created under Section 63F-1-701[
142 (c) on the home page of the county's website, either in full or as a link, if the county has
143 a publicly viewable website, until the hearing takes place.