This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 8, 2017 at 9:34 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to metro townships.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ modifies the authority of a metro township that is included in a municipal services
14 district to enact certain ordinances;
15 ▸ addresses the budget of a metro township that is included in a municipal services
16 district;
17 ▸ addresses written minutes and recording requirements for a public meeting of a
18 metro township council;
19 ▸ requires a municipality located within a municipal services district to remit to the
20 municipal services district certain funds that the municipality receives;
21 ▸ modifies provisions regarding the local sales tax distribution for metro townships;
22 and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
29 AMENDS:
30 10-3b-504, as repealed and reenacted by Laws of Utah 2015, Chapter 352
31 10-3c-202, as enacted by Laws of Utah 2015, Chapter 352
32 10-3c-203, as last amended by Laws of Utah 2016, Chapters 176 and 348
33 17B-2a-1108, as enacted by Laws of Utah 2014, Chapter 405
34 53-2a-102, as renumbered and amended by Laws of Utah 2013, Chapter 295
35 59-12-203, as last amended by Laws of Utah 2015, Chapter 352
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 10-3b-504 is amended to read:
39 10-3b-504. Council in a metro township that is included in a municipal services
40 district.
41 (1) The council in a metro township that is included in a municipal services district:
42 (a) exercises any executive or administrative power and performs or supervises the
43 performance of any executive or administrative power, duty, or function that has not been
44 given to the chair under Section 10-3b-503 unless the council removes that power, duty, or
45 function from the chair in accordance with Subsection (2);
46 (b) may:
47 (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
48 (A) removing from the chair any power, duty, or function of the chair; and
49 (B) reinstating to the chair any power, duty, or function previously removed under
50 Subsection (1)(b)(i)(A); and
51 (ii) adopt an ordinance delegating to the chair any executive or administrative power,
52 duty, or function that the council has under Subsection (1)(a); and
53 (c) may not remove from the chair or delegate:
54 (i) any of the chair's legislative or judicial powers or ceremonial functions;
55 (ii) the chair's position as chair of the council; or
56 (iii) any ex officio position that the chair holds.
57 (2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
58 the chair a power, duty, or function provided for in Section 10-3b-503 requires the affirmative
59 vote of:
60 (a) the chair and a majority of all other council members; or
61 (b) all council members except the chair.
62 (3) The metro township council of a metro township that is included in a municipal
63 services district:
64 (a) shall:
65 (i) by ordinance, provide for the manner in which a subdivision is approved,
66 disapproved, or otherwise regulated;
67 (ii) review municipal administration, and, subject to Subsection (5), pass ordinances;
68 (iii) perform all duties that the law imposes on the council; and
69 (iv) elect one of its members to be chair of the metro township and the chair of the
70 council;
71 (b) may:
72 (i) (A) notwithstanding Subsection (3)(c), appoint a committee of council members or
73 citizens to conduct an investigation into an officer, department, or agency of the municipality,
74 or any other matter relating to the welfare of the municipality; and
75 (B) delegate to an appointed committee powers of inquiry that the council considers
76 necessary;
77 (ii) make and enforce any additional rule or regulation for the government of the
78 council, the preservation of order, and the transaction of the council's business that the council
79 considers necessary; and
80 (iii) subject to the limitations provided in Subsection (5), take any action allowed under
81 Section 10-8-84 that is reasonably related to the safety, health, morals, and welfare of the metro
82 township inhabitants; and
83 (c) may not:
84 (i) direct or request, other than in writing, the appointment of a person to or the
85 removal of a person from an executive municipal office;
86 (ii) interfere in any way with an executive officer's performance of the officer's duties;
87 or
88 (iii) publicly or privately give orders to a subordinate of the chair.
89 (4) A member of a metro township council as described in this section may not have
90 any other compensated employment with the metro township.
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95 Section 2. Section 10-3c-202 is amended to read:
96 10-3c-202. Budget.
97 [
98 comply with Chapter 6, Uniform Fiscal Procedures Act for Utah Cities.
99 (2) For a metro township that is included in a municipal services district, created in
100 accordance with Title 17B, Chapter 2a, Part 11, Municipal Services District Act, the fiscal year
101 for the metro township budget is the calendar year.
102 Section 3. Section 10-3c-203 is amended to read:
103 10-3c-203. Administrative and operational services -- Staff provided by county or
104 municipal services district -- Recording of open meetings.
105 (1) (a) The following officials elected or appointed, or persons employed by, the county
106 in which a metro township is located shall, for the purposes of interpreting and complying with
107 applicable law, fulfill the responsibilities and hold the following metro township offices or
108 positions:
109 (i) the county treasurer shall fulfill the duties and hold the powers of treasurer for the
110 metro township;
111 (ii) the county clerk shall fulfill the duties and hold the powers of recorder and clerk for
112 the metro township;
113 (iii) the county surveyor shall fulfill, on behalf of the metro township, all surveyor
114 duties imposed by law;
115 (iv) the county engineer shall fulfill the duties and hold the powers of engineer for the
116 metro township; and
117 (v) subject to Subsection (1)(b), the county auditor shall fulfill the duties and hold the
118 powers of auditor for the metro township.
119 (b) (i) The county auditor shall fulfill the duties and hold the powers of auditor for the
120 metro township to the extent that the county auditor's powers and duties are described in and
121 delegated to the county auditor in accordance with Title 17, Chapter 19a, County Auditor, and
122 a municipal auditor's powers and duties described in this title are the same.
123 (ii) Notwithstanding Subsection (1)(b), in a metro township, services described in
124 Sections 17-19a-203, 17-19a-204, and 17-19a-205, and services other than those described in
125 Subsection (1)(b)(i) that are provided by a municipal auditor in accordance with this title that
126 are required by law, shall be performed by county staff other than the county auditor.
127 (2) (a) Nothing in Subsection (1) may be construed to relieve an official described in
128 Subsections (1)(a)(i) through (iv) of a duty to either the county or metro township or a duty to
129 fulfill that official's position as required by law.
130 (b) Notwithstanding Subsection (2)(a), an official or the official's deputy or other
131 person described in Subsections (1)(a)(i) through (iv):
132 (i) is elected, appointed, or otherwise employed, in accordance with the provisions of
133 Title 17, Counties, as applicable to that official's or person's county office;
134 (ii) is paid a salary and benefits and subject to employment discipline in accordance
135 with the provisions of Title 17, Counties, as applicable to that official's or person's county
136 office;
137 (iii) is not subject to:
138 (A) Chapter 3, Part 11, Personnel Rules and Benefits; or
139 (B) Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and
140 (iv) is not required to provide a bond for the applicable municipal office if a bond for
141 the office is required by this title.
142 (3) The district attorney of the county in which a metro township is located may
143 provide legal counsel to the metro township if the county and the metro township agree.
144 (4) The metro township may establish a planning commission in accordance with
145 Section 10-9a-301 and an appeal authority in accordance with Section 10-9a-701.
146 (5) A municipal services district established in accordance with Title 17B, Chapter 2a,
147 Part 11, Municipal Services District Act, and of which the metro township is a part, may
148 provide staff to the metro township planning commission and appeal authority.
149 (6) Notwithstanding Title 52, Chapter 4, Open and Public Meetings Act, and Section
150 10-6-137:
151 (a) the county clerk may choose to not attend an open meeting of the metro township
152 council; and
153 (b) if the county clerk does not attend an open meeting of the metro township council,
154 the county clerk shall:
155 (i) ensure that the chair of the metro township council, or a designee of the county
156 clerk, makes a recording of the meeting in accordance with Section 52-4-203;
157 (ii) prepare written minutes of the meeting; and
158 (iii) within a reasonable time after the meeting, make public the recording described in
159 Subsection (6)(b)(i) and the written minutes described in Subsection (6)(b)(ii).
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161 (i) the electors at an election under Section 10-2a-404 chose a metro township that is
162 included in a municipal services district and has limited municipal powers; or
163 (ii) the metro township subsequently joins a municipal services district.
164 (b) This section does not apply to a metro township described in Subsection (6)(a) if
165 the municipal services district is dissolved.
166 Section 4. Section 17B-2a-1108 is amended to read:
167 17B-2a-1108. Municipality required to remit local option sales and use tax.
168 (1) (a) [
169 in whole or in part within a municipal services district [
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171 to the municipal services district:
172 (i) an amount equal to the amount the municipality receives under Title 59, Chapter 12,
173 Part 2, Local Sales and Use Tax Act[
174 (ii) an amount equal to the amount of transportation funds the municipality receives
175 under Section 72-2-108.
176 (b) The municipality shall remit to the municipal services district the amounts required
177 in Subsection (1)(a) within 30 days after the day on which the municipality receives the funds
178 identified in Subsections (1)(a)(i) and (1)(a)(ii).
179 (2) For purposes of Subsection (1)(a)(i), the amount of local sales tax a municipality is
180 required to remit to a municipal services district is an amount:
181 (a) determined after subtracting amounts required under Title 59, Chapter 12, Part 2,
182 Local Sales and Use Tax Act, to be deducted from the amount a municipality would otherwise
183 receive under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and
184 (b) representative of only those taxes collected in the area of the municipality that is
185 also located within the municipal services district.
186 (3) For purposes of Subsection (1)(a)(ii), the amount of transportation funds a
187 municipality is required to remit to a municipal services district is an amount equal to the
188 amount of class B and class C road miles in that part of the municipality located within the
189 municipal services district divided by the total class B and class C road miles in the
190 municipality.
191 (4) If the municipal legislative body of a municipality located in whole or in part within
192 a municipal services district adopts and delivers a resolution to withdraw in accordance with
193 Subsection 17B-1-502(3)(a)(iii), the municipality shall Ŝ→ only ←Ŝ remit to the municipal services
193a district
194 the amounts described in Subsection (1) that relate to the period that the municipality is in the
195 municipal services district, regardless of when the municipality receives those amounts.
196 Section 5. Section 53-2a-102 is amended to read:
197 53-2a-102. Definitions.
198 As used in this chapter:
199 (1) "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or
200 chemical warfare action against the United States of America or this state.
201 (2) "Commissioner" means the commissioner of the Department of Public Safety or the
202 commissioner's designee.
203 (3) "Director" means the division director appointed under Section 53-2a-103 or the
204 director's designee.
205 (4) "Disaster" means an event that:
206 (a) causes, or threatens to cause, loss of life, human suffering, public or private
207 property damage, or economic or social disruption resulting from attack, internal disturbance,
208 natural phenomena, or technological hazard; and
209 (b) requires resources that are beyond the scope of local agencies in routine responses
210 to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
211 require response by government, not-for-profit, or private entities.
212 (5) "Division" means the Division of Emergency Management created in Section
213 53-2a-103.
214 (6) "Energy" includes the energy resources defined in this chapter.
215 (7) "Expenses" means actual labor costs of government and volunteer personnel, and
216 materials.
217 (8) "Hazardous materials emergency" means a sudden and unexpected release of any
218 substance that because of its quantity, concentration, or physical, chemical, or infectious
219 characteristics presents a direct and immediate threat to public safety or the environment and
220 requires immediate action to mitigate the threat.
221 (9) "Internal disturbance" means a riot, prison break, terrorism, or strike.
222 (10) "Municipality" means the same as that term is defined in Section 10-1-104.
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224 landslide, avalanche, forest or range fire, drought, or epidemic.
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226 requires state government emergency assistance to supplement the local efforts of the affected
227 political subdivision to save lives and to protect property, public health, welfare, or safety in
228 the event of a disaster, or to avoid or reduce the threat of a disaster.
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230 accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
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232 (a) involve acts dangerous to human life;
233 (b) are a violation of the criminal laws of the United States or of this state; and
234 (c) to a reasonable person, would appear to be intended to:
235 (i) intimidate or coerce a civilian population;
236 (ii) influence the policy of a government by intimidation or coercion; or
237 (iii) affect the conduct of a government by mass destruction, assassination, or
238 kidnapping.
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240 medical stabilization of victims trapped in a confined space as the result of a structural
241 collapse, transportation accident, mining accident, or collapsed trench.
242 Section 6. Section 59-12-203 is amended to read:
243 59-12-203. County, city, town, or metro township may levy tax -- Contracts
244 pursuant to Interlocal Cooperation Act.
245 (1) A county, city, town, or metro township may impose a sales and use tax under this
246 part.
247 (2) [
248 under this part[
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250 (3) The State Tax Commission shall calculate the amount of a distribution to a metro
251 township under this part in the same manner as the State Tax Commission calculates a
252 distribution to a city under Section 59-12-205.
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255 Commission shall distribute the [
256 Commission calculates under Section 59-12-205 to the metro township.
257 (b) The State Tax Commission shall transfer the [
258 that would otherwise be distributed to a metro township under this part to a municipal services
259 district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act, if the
260 metro township:
261 (i) provides written notice to the State Tax Commission requesting the transfer; and
262 (ii) designates the municipal services district to which the metro township requests the
263 State Tax Commission to transfer the revenues.
264 (4) A county, city, town, or metro township that imposes a sales and use tax under this
265 part may:
266 (a) enter into agreements authorized by Title 11, Chapter 13, Interlocal Cooperation
267 Act; and
268 (b) use any or all of the revenue collected from the tax for the mutual benefit of local
269 governments that elect to contract with one another pursuant to Title 11, Chapter 13, Interlocal
270 Cooperation Act.
271 Section 7. Effective date.
272 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
273 elected to each house, this bill takes effect upon approval by the governor, or the day following
274 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
275 signature, or in the case of a veto, the date of veto override.
276 (2) Notwithstanding Subsection (1), the amendments to Sections 17B-2a-1108 and
277 59-12-203 in this bill have retrospective operation for the taxable year beginning on or after
278 January 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel