1     
LOCAL GOVERNMENT SNOW REMOVAL

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses a county's authority to prohibit certain snow removal.
10     Highlighted Provisions:
11          This bill:
12          ▸     prevents a county from prohibiting a person from removing snow from a road at the
13     person's own expense in order to access property that the person owns; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          17-34-1, as last amended by Laws of Utah 2014, Chapter 405
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 17-34-1 is amended to read:
25          17-34-1. Counties may provide municipal services -- Limitation -- First-class
26     counties to provide certain services -- Counties allowed to provide certain services in
27     recreational areas.
28          (1) For purposes of this chapter, except as otherwise provided in Subsection (3):
29          (a) "Greater than class C radioactive waste" [has the same meaning as] means the same
30     as that term is defined in Section 19-3-303.
31          (b) "High-level nuclear waste" [has the same meaning as] means the same as that term
32     is defined in Section 19-3-303.
33          (c) "Municipal-type services" means:
34          (i) fire protection service;
35          (ii) waste and garbage collection and disposal;
36          (iii) planning and zoning;
37          (iv) street lighting;
38          (v) animal services;
39          (vi) storm drains;
40          (vii) snow removal services;
41          [(vii)] (viii) traffic engineering;
42          [(viii)] (ix) code enforcement;
43          [(ix)] (x) business licensing;
44          [(x)] (xi) building permits and inspections;
45          [(xi)] (xii) in a county of the first class:
46          (A) advanced life support and paramedic services; and
47          (B) detective investigative services; and
48          [(xii)] (xiii) all other services and functions that are required by law to be budgeted,
49     appropriated, and accounted for from a municipal services fund or a municipal capital projects
50     fund as defined under Chapter 36, Uniform Fiscal Procedures Act for Counties.
51          (d) "Placement" [has the same meaning as] means the same as that term is defined in
52     Section 19-3-303.
53          (e) "Storage facility" [has the same meaning as] means the same as that term is defined
54     in Section 19-3-303.
55          (f) "Transfer facility" [has the same meaning as] means the same as that term is defined
56     in Section 19-3-303.
57          (2) A county may:
58          (a) provide municipal-type services to areas of the county outside the limits of cities
59     and towns without providing the same services to cities or towns; and
60          (b) fund those services by:
61          (i) levying a tax on taxable property in the county outside the limits of cities and towns;
62          (ii) charging a service charge or fee to persons benefitting from the municipal-type
63     services; or
64          (iii) providing funds to a municipal services district in accordance with Section
65     17B-2a-1109.
66          (3) A county may not:
67          (a) provide, contract to provide, or agree in any manner to provide municipal-type
68     services, as these services are defined in Section 19-3-303, to any area under consideration for
69     a storage facility or transfer facility for the placement of high-level nuclear waste, or greater
70     than class C radioactive waste; or
71          (b) seek to fund services for these facilities by:
72          (i) levying a tax; or
73          (ii) charging a service charge or fee to persons benefitting from the municipal-type
74     services.
75          (4) Each county of the first class shall provide to the area of the county outside the
76     limits of cities and towns:
77          (a) advanced life support and paramedic services; and
78          (b) detective investigative services.
79          (5) (a) A county may provide fire, paramedic, and police protection services in any area
80     of the county outside the limits of cities and towns that is designated as a recreational area in
81     accordance with the provisions of this Subsection (5).
82          (b) A county legislative body may designate any area of the county outside the limits of
83     cities and towns as a recreational area if:
84          (i) the area has fewer than 1,500 residents and is primarily used for recreational
85     purposes, including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds,
86     or picnic areas; and
87          (ii) the county legislative body makes a finding that the recreational area is used by
88     residents of the county who live both inside and outside the limits of cities and towns.
89          (c) Fire, paramedic, and police protection services needed to primarily serve those
90     involved in the recreation activities in areas designated as recreational areas by the county
91     legislative body in accordance with Subsection (5)(b) may be funded from the county general
92     fund.
93          (6) If a county does not provide snow removal services under this chapter to an area of
94     the county, regardless of whether the area is designated as recreational, the county may not
95     prohibit a person from removing snow, at the person's own expense and in order to access
96     property that the person owns, from:
97          (a) a county road within the area; or
98          (b) a road within the area that the county controls through the road's dedications to the
99     public.




Legislative Review Note
Office of Legislative Research and General Counsel