Chief Sponsor: Lynn N. Hemingway

Senate Sponsor: Gene Davis

6     Cosponsors:
7     Patrice M. Arent
8     Rebecca Chavez-Houck
9     Sandra Hollins
Brian S. King
Karen Kwan
Carol Spackman Moss
Marie H. Poulson
Angela Romero
Elizabeth Weight
Mark A. Wheatley

12     General Description:
13          This bill amends provisions related to a remaining balance in certain special funds.
14     Highlighted Provisions:
15          This bill:
16          ▸     allows a certain county to use a remaining balance in certain special funds to benefit
17     the area from which the county derived the special fund; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          17-36-29, as last amended by Laws of Utah 2014, Chapter 176
26          63G-7-704, as last amended by Laws of Utah 2016, Chapter 386

28     Be it enacted by the Legislature of the state of Utah:

29          Section 1. Section 17-36-29 is amended to read:
30          17-36-29. Special fund ceases -- Transfer.
31          (1) (a) [If] Except as provided in Subsection (1)(b), if a county legislative body
32     determines that the purpose no longer exists for which the legislative body created a special
33     fund [was created no longer exists and a balance remains in the fund, the governing body shall]
34     or any portion of the special fund, the legislative body may authorize the transfer of the
35     remaining balance or a portion of the remaining balance to the fund balance account in the
36     county general fund.
37          (b) The legislative body may redistribute the remaining balance or a portion of the
38     remaining balance described in Subsection (1)(a) in accordance with Subsection (1)(c) if:
39          (i) the county levied the fund primarily on property in the unincorporated areas of the
40     county;
41          (ii) the county established a municipal services fund to provide municipal services
42     under Sections 17-34-1 and 17-36-9; and
43          (iii) the area from which the county levied the fund has since incorporated as a city,
44     town, or metro township.
45          (c) The legislative body of a county described in Subsection (1)(b) may set aside the
46     remaining balance or a portion of the remaining balance described in Subsection (1)(a) in a
47     fund from which the county may make disbursements to support and benefit the area and the
48     residents in the area from which the county originally derived the special fund.
49          (2) Any balance which remains in a special assessment fund and any unrequired
50     balance in a special improvement guaranty fund shall be treated as provided in Subsection
51     11-42-701(5).
52          (3) Any balance which remains in a capital projects fund shall be transferred to the
53     appropriate debt service fund or such other fund as the bond ordinance requires or to the county
54     general fund balance account.
55          Section 2. Section 63G-7-704 is amended to read:
56          63G-7-704. Tax levy by political subdivisions for payment of claims, judgments,

57     or insurance premiums.
58          (1) Notwithstanding any provision of law to the contrary, a political subdivision may
59     levy an annual property tax sufficient to pay:
60          (a) any claim, settlement, or judgment, including interest payments and issuance costs
61     for bonds issued under Subsection 11-14-103(1)(d) to pay the portion of any claim, settlement,
62     or judgment that exceeds $3,000,000;
63          (b) the costs to defend against any claim, settlement, or judgment; or
64          (c) for the establishment and maintenance of a reserve fund for the payment of claims,
65     settlements, or judgments that may be reasonably anticipated.
66          (2) (a) The payments authorized to pay for punitive damages or to pay the premium for
67     authorized insurance is money spent for a public purpose within the meaning of this section
68     and Utah Constitution, Article XIII, Sec. 5, [Utah Constitution,] even though, as a result of the
69     levy, the maximum levy as otherwise restricted by law is exceeded.
70          (b) (i) Except as provided in Subsection (2)(b)(ii), a levy under this section may not
71     exceed .0001 per dollar of taxable value of taxable property.
72          (ii) A levy under Subsection (1)(a) to pay the portion of any claim, settlement, or
73     judgment that exceeds $3,000,000 may not exceed .001 per dollar of taxable value of taxable
74     property.
75          (c) [The] Except as provided in Subsection 17-36-29(1), the revenues derived from this
76     levy may not be used for any purpose other than those specified in this section.
77          (3) Beginning January 1, 2012, a local school board may not levy a tax in accordance
78     with this section.
79          (4) A political subdivision that levies an annual property tax under Subsection (1)(a) to
80     pay the portion of any claim, settlement, or judgment that exceeds $3,000,000:
81          (a) shall comply with the notice and public hearing requirements under Section
82     59-2-919; and
83          (b) may levy the annual property tax until the bonds' maturity dates expire.
84          Section 3. Effective date.

85          If approved by two-thirds of all the members elected to each house, this bill takes effect
86     upon approval by the governor, or the day following the constitutional time limit of Utah
87     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
88     the date of veto override.