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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 ▸ includes metro townships as a specified local body in the Open and Public Meetings
18 Act for purposes of written minutes and audio recordings of a public meeting of a
19 metro township council;
20 ▸ requires a municipality located within a municipal services district to remit to the
21 municipal services district certain funds that the municipality receives;
22 ▸ modifies provisions regarding the local sales tax distribution for metro townships;
23 and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 10-3b-504, as repealed and reenacted by Laws of Utah 2015, Chapter 352
32 10-3c-202, as enacted by Laws of Utah 2015, Chapter 352
33 10-3c-203, as last amended by Laws of Utah 2016, Chapters 176 and 348
34 17B-2a-1108, as enacted by Laws of Utah 2014, Chapter 405
35 52-4-203, as last amended by Laws of Utah 2014, Chapter 83
36 53-2a-102, as renumbered and amended by Laws of Utah 2013, Chapter 295
37 59-12-203, as last amended by Laws of Utah 2015, Chapter 352
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 10-3b-504 is amended to read:
41 10-3b-504. Council in a metro township that is included in a municipal services
42 district.
43 (1) The council in a metro township that is included in a municipal services district:
44 (a) exercises any executive or administrative power and performs or supervises the
45 performance of any executive or administrative power, duty, or function that has not been
46 given to the chair under Section 10-3b-503 unless the council removes that power, duty, or
47 function from the chair in accordance with Subsection (2);
48 (b) may:
49 (i) subject to Subsections (1)(c) and (2), adopt an ordinance:
50 (A) removing from the chair any power, duty, or function of the chair; and
51 (B) reinstating to the chair any power, duty, or function previously removed under
52 Subsection (1)(b)(i)(A); and
53 (ii) adopt an ordinance delegating to the chair any executive or administrative power,
54 duty, or function that the council has under Subsection (1)(a); and
55 (c) may not remove from the chair or delegate:
56 (i) any of the chair's legislative or judicial powers or ceremonial functions;
57 (ii) the chair's position as chair of the council; or
58 (iii) any ex officio position that the chair holds.
59 (2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
60 the chair a power, duty, or function provided for in Section 10-3b-503 requires the affirmative
61 vote of:
62 (a) the chair and a majority of all other council members; or
63 (b) all council members except the chair.
64 (3) The metro township council of a metro township that is included in a municipal
65 services district:
66 (a) shall:
67 (i) by ordinance, provide for the manner in which a subdivision is approved,
68 disapproved, or otherwise regulated;
69 (ii) review municipal administration, and, subject to Subsection (5), pass ordinances;
70 (iii) perform all duties that the law imposes on the council; and
71 (iv) elect one of its members to be chair of the metro township and the chair of the
72 council;
73 (b) may:
74 (i) (A) notwithstanding Subsection (3)(c), appoint a committee of council members or
75 citizens to conduct an investigation into an officer, department, or agency of the municipality,
76 or any other matter relating to the welfare of the municipality; and
77 (B) delegate to an appointed committee powers of inquiry that the council considers
78 necessary;
79 (ii) make and enforce any additional rule or regulation for the government of the
80 council, the preservation of order, and the transaction of the council's business that the council
81 considers necessary; and
82 (iii) subject to the limitations provided in Subsection (5), take any action allowed under
83 Section 10-8-84 that is reasonably related to the safety, health, morals, and welfare of the metro
84 township inhabitants; and
85 (c) may not:
86 (i) direct or request, other than in writing, the appointment of a person to or the
87 removal of a person from an executive municipal office;
88 (ii) interfere in any way with an executive officer's performance of the officer's duties;
89 or
90 (iii) publicly or privately give orders to a subordinate of the chair.
91 (4) A member of a metro township council as described in this section may not have
92 any other compensated employment with the metro township.
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97 Section 2. Section 10-3c-202 is amended to read:
98 10-3c-202. Budget.
99 [
100 comply with Chapter 6, Uniform Fiscal Procedures Act for Utah Cities.
101 (2) For a metro township that is included in a municipal services district, created in
102 accordance with Title 17B, Chapter 2a, Part 11, Municipal Services District Act, the fiscal year
103 for the metro township budget is the calendar year.
104 Section 3. Section 10-3c-203 is amended to read:
105 10-3c-203. Administrative and operational services -- Staff provided by county or
106 municipal services district -- Recording of open meetings.
107 (1) (a) The following officials elected or appointed, or persons employed by, the county
108 in which a metro township is located shall, for the purposes of interpreting and complying with
109 applicable law, fulfill the responsibilities and hold the following metro township offices or
110 positions:
111 (i) the county treasurer shall fulfill the duties and hold the powers of treasurer for the
112 metro township;
113 (ii) the county clerk shall fulfill the duties and hold the powers of recorder and clerk for
114 the metro township;
115 (iii) the county surveyor shall fulfill, on behalf of the metro township, all surveyor
116 duties imposed by law;
117 (iv) the county engineer shall fulfill the duties and hold the powers of engineer for the
118 metro township; and
119 (v) subject to Subsection (1)(b), the county auditor shall fulfill the duties and hold the
120 powers of auditor for the metro township.
121 (b) (i) The county auditor shall fulfill the duties and hold the powers of auditor for the
122 metro township to the extent that the county auditor's powers and duties are described in and
123 delegated to the county auditor in accordance with Title 17, Chapter 19a, County Auditor, and
124 a municipal auditor's powers and duties described in this title are the same.
125 (ii) Notwithstanding Subsection (1)(b), in a metro township, services described in
126 Sections 17-19a-203, 17-19a-204, and 17-19a-205, and services other than those described in
127 Subsection (1)(b)(i) that are provided by a municipal auditor in accordance with this title that
128 are required by law, shall be performed by county staff other than the county auditor.
129 (2) (a) Nothing in Subsection (1) may be construed to relieve an official described in
130 Subsections (1)(a)(i) through (iv) of a duty to either the county or metro township or a duty to
131 fulfill that official's position as required by law.
132 (b) Notwithstanding Subsection (2)(a), an official or the official's deputy or other
133 person described in Subsections (1)(a)(i) through (iv):
134 (i) is elected, appointed, or otherwise employed, in accordance with the provisions of
135 Title 17, Counties, as applicable to that official's or person's county office;
136 (ii) is paid a salary and benefits and subject to employment discipline in accordance
137 with the provisions of Title 17, Counties, as applicable to that official's or person's county
138 office;
139 (iii) is not subject to:
140 (A) Chapter 3, Part 11, Personnel Rules and Benefits; or
141 (B) Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and
142 (iv) is not required to provide a bond for the applicable municipal office if a bond for
143 the office is required by this title.
144 (3) The district attorney of the county in which a metro township is located may
145 provide legal counsel to the metro township if the county and the metro township agree.
146 (4) The metro township may establish a planning commission in accordance with
147 Section 10-9a-301 and an appeal authority in accordance with Section 10-9a-701.
148 (5) A municipal services district established in accordance with Title 17B, Chapter 2a,
149 Part 11, Municipal Services District Act, and of which the metro township is a part, may
150 provide staff to the metro township planning commission and appeal authority.
151 (6) Notwithstanding Title 52, Chapter 4, Open and Public Meetings Act, and Section
152 10-6-137:
153 (a) the county clerk may choose to not attend an open meeting of the metro township
154 council; and
155 (b) if the county clerk does not attend an open meeting of the metro township council,
156 the county clerk shall ensure that the chair of the metro township council or a designee of the
157 county clerk, in accordance with Section 52-4-203, makes a recording of the meeting and
158 prepares written minutes of the meeting.
159 [
160 (i) the electors at an election under Section 10-2a-404 chose a metro township that is
161 included in a municipal services district and has limited municipal powers; or
162 (ii) the metro township subsequently joins a municipal services district.
163 (b) This section does not apply to a metro township described in Subsection (6)(a) if
164 the municipal services district is dissolved.
165 Section 4. Section 17B-2a-1108 is amended to read:
166 17B-2a-1108. Municipality required to remit local option sales and use tax.
167 (1) (a) [
168 in whole or in part within a municipal services district [
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170 to the municipal services district:
171 (i) an amount equal to the amount the municipality receives under Title 59, Chapter 12,
172 Part 2, Local Sales and Use Tax Act[
173 (ii) an amount equal to the amount of transportation funds the municipality receives
174 under Section 72-2-108.
175 (b) The municipality shall remit to the municipal services district the amounts required
176 in Subsection (1)(a) within 30 days after the day on which the municipality receives the funds
177 identified in Subsections (1)(a)(i) and (1)(a)(ii).
178 (2) For purposes of Subsection (1)(a)(i), the amount of local sales tax a municipality is
179 required to remit to a municipal services district is an amount:
180 (a) determined after subtracting amounts required under Title 59, Chapter 12, Part 2,
181 Local Sales and Use Tax Act, to be deducted from the amount a municipality would otherwise
182 receive under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and
183 (b) representative of only those taxes collected in the area of the municipality that is
184 also located within the municipal services district.
185 (3) For purposes of Subsection (1)(a)(ii), the amount of transportation funds a
186 municipality is required to remit to a municipal services district is an amount equal to the
187 amount of class B and class C road miles in that part of the municipality located within the
188 municipal services district divided by the total class B and class C road miles in the
189 municipality.
190 (4) If the municipal legislative body of a municipality located in whole or in part within
191 a municipal services district adopts and delivers a resolution to withdraw in accordance with
192 Subsection 17B-1-502(3)(a)(iii), the municipality shall only remit to the municipal services
193 district the amounts described in Subsection (1) that relate to the period that the municipality is
194 in the municipal services district, regardless of when the municipality receives those amounts.
195 Section 5. Section 52-4-203 is amended to read:
196 52-4-203. Written minutes of open meetings -- Public records -- Recording of
197 meetings.
198 (1) Except as provided under Subsection (7), written minutes and a recording shall be
199 kept of all open meetings.
200 (2) Written minutes of an open meeting shall include:
201 (a) the date, time, and place of the meeting;
202 (b) the names of members present and absent;
203 (c) the substance of all matters proposed, discussed, or decided by the public body
204 which may include a summary of comments made by members of the public body;
205 (d) a record, by individual member, of each vote taken by the public body;
206 (e) the name of each person who:
207 (i) is not a member of the public body; and
208 (ii) after being recognized by the presiding member of the public body, provided
209 testimony or comments to the public body;
210 (f) the substance, in brief, of the testimony or comments provided by the public under
211 Subsection (2)(e); and
212 (g) any other information that is a record of the proceedings of the meeting that any
213 member requests be entered in the minutes or recording.
214 (3) A recording of an open meeting shall:
215 (a) be a complete and unedited record of all open portions of the meeting from the
216 commencement of the meeting through adjournment of the meeting; and
217 (b) be properly labeled or identified with the date, time, and place of the meeting.
218 (4) (a) As used in this Subsection (4):
219 (i) "Approved minutes" means written minutes:
220 (A) of an open meeting; and
221 (B) that have been approved by the public body that held the open meeting.
222 (ii) "Electronic information" means information presented or provided in an electronic
223 format.
224 (iii) "Pending minutes" means written minutes:
225 (A) of an open meeting; and
226 (B) that have been prepared in draft form and are subject to change before being
227 approved by the public body that held the open meeting.
228 (iv) "Specified local public body" means a legislative body of a county, city, [
229 or metro township.
230 (v) "State public body" means a public body that is an administrative, advisory,
231 executive, or legislative body of the state.
232 (vi) "Website" means the Utah Public Notice Website created under Section
233 63F-1-701.
234 (b) Pending minutes, approved minutes, and a recording of a public meeting are public
235 records under Title 63G, Chapter 2, Government Records Access and Management Act.
236 (c) Pending minutes shall contain a clear indication that the public body has not yet
237 approved the minutes or that the minutes are subject to change until the public body approves
238 them.
239 (d) A state public body and a specified local public body shall require an individual
240 who, at an open meeting of the public body, publicly presents or provides electronic
241 information, relating to an item on the public body's meeting agenda, to provide the public
242 body, at the time of the meeting, an electronic or hard copy of the electronic information for
243 inclusion in the public record.
244 (e) A state public body shall:
245 (i) make pending minutes available to the public within 30 days after holding the open
246 meeting that is the subject of the pending minutes;
247 (ii) within three business days after approving written minutes of an open meeting, post
248 to the website and make available to the public at the public body's primary office a copy of the
249 approved minutes and any public materials distributed at the meeting; and
250 (iii) within three business days after holding an open meeting, post on the website an
251 audio recording of the open meeting, or a link to the recording.
252 (f) [
253 [
254 open meeting that is the subject of the pending minutes;
255 [
256 written minutes of an open meeting, post to the website and make available to the public at the
257 public body's primary office a copy of the approved minutes and any public materials
258 distributed at the meeting; and
259 [
260 recording of the open meeting available to the public for listening.
261 [
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263 (g) A public body that is not a state public body or a specified local public body shall:
264 (i) make pending minutes available to the public within a reasonable time after holding
265 the open meeting that is the subject of the pending minutes;
266 (ii) within three business days after approving written minutes, make the approved
267 minutes available to the public; and
268 (iii) within three business days after holding an open meeting, make an audio recording
269 of the open meeting available to the public for listening.
270 (h) A public body shall establish and implement procedures for the public body's
271 approval of the written minutes of each meeting.
272 (i) Approved minutes of an open meeting are the official record of the meeting.
273 (5) All or any part of an open meeting may be independently recorded by any person in
274 attendance if the recording does not interfere with the conduct of the meeting.
275 (6) The written minutes or recording of an open meeting that are required to be
276 retained permanently shall be maintained in or converted to a format that meets long-term
277 records storage requirements.
278 (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
279 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
280 by the public body; or
281 (b) an open meeting of a local district under Title 17B, Limited Purpose Local
282 Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
283 Special Service District Act, if the district's annual budgeted expenditures for all funds,
284 excluding capital expenditures and debt service, are $50,000 or less.
285 Section 6. Section 53-2a-102 is amended to read:
286 53-2a-102. Definitions.
287 As used in this chapter:
288 (1) "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or
289 chemical warfare action against the United States of America or this state.
290 (2) "Commissioner" means the commissioner of the Department of Public Safety or the
291 commissioner's designee.
292 (3) "Director" means the division director appointed under Section 53-2a-103 or the
293 director's designee.
294 (4) "Disaster" means an event that:
295 (a) causes, or threatens to cause, loss of life, human suffering, public or private
296 property damage, or economic or social disruption resulting from attack, internal disturbance,
297 natural phenomena, or technological hazard; and
298 (b) requires resources that are beyond the scope of local agencies in routine responses
299 to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
300 require response by government, not-for-profit, or private entities.
301 (5) "Division" means the Division of Emergency Management created in Section
302 53-2a-103.
303 (6) "Energy" includes the energy resources defined in this chapter.
304 (7) "Expenses" means actual labor costs of government and volunteer personnel, and
305 materials.
306 (8) "Hazardous materials emergency" means a sudden and unexpected release of any
307 substance that because of its quantity, concentration, or physical, chemical, or infectious
308 characteristics presents a direct and immediate threat to public safety or the environment and
309 requires immediate action to mitigate the threat.
310 (9) "Internal disturbance" means a riot, prison break, terrorism, or strike.
311 (10) "Municipality" means the same as that term is defined in Section 10-1-104.
312 [
313 landslide, avalanche, forest or range fire, drought, or epidemic.
314 [
315 requires state government emergency assistance to supplement the local efforts of the affected
316 political subdivision to save lives and to protect property, public health, welfare, or safety in
317 the event of a disaster, or to avoid or reduce the threat of a disaster.
318 [
319 accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
320 [
321 (a) involve acts dangerous to human life;
322 (b) are a violation of the criminal laws of the United States or of this state; and
323 (c) to a reasonable person, would appear to be intended to:
324 (i) intimidate or coerce a civilian population;
325 (ii) influence the policy of a government by intimidation or coercion; or
326 (iii) affect the conduct of a government by mass destruction, assassination, or
327 kidnapping.
328 [
329 medical stabilization of victims trapped in a confined space as the result of a structural
330 collapse, transportation accident, mining accident, or collapsed trench.
331 Section 7. Section 59-12-203 is amended to read:
332 59-12-203. County, city, town, or metro township may levy tax -- Contracts
333 pursuant to Interlocal Cooperation Act.
334 (1) A county, city, town, or metro township may impose a sales and use tax under this
335 part.
336 (2) [
337 under this part[
338
339 (3) The State Tax Commission shall calculate the amount of a distribution to a metro
340 township under this part in the same manner as the State Tax Commission calculates a
341 distribution to a city under Section 59-12-205.
342 [
343
344 Commission shall distribute the [
345 Commission calculates under Section 59-12-205 to the metro township.
346 (b) The State Tax Commission shall transfer the [
347 that would otherwise be distributed to a metro township under this part to a municipal services
348 district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act, if the
349 metro township:
350 (i) provides written notice to the State Tax Commission requesting the transfer; and
351 (ii) designates the municipal services district to which the metro township requests the
352 State Tax Commission to transfer the revenues.
353 (4) A county, city, town, or metro township that imposes a sales and use tax under this
354 part may:
355 (a) enter into agreements authorized by Title 11, Chapter 13, Interlocal Cooperation
356 Act; and
357 (b) use any or all of the revenue collected from the tax for the mutual benefit of local
358 governments that elect to contract with one another pursuant to Title 11, Chapter 13, Interlocal
359 Cooperation Act.
360 Section 8. Effective date -- Retrospective operation.
361 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
362 elected to each house, this bill takes effect upon approval by the governor, or the day following
363 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
364 signature, or in the case of a veto, the date of veto override.
365 (2) Notwithstanding Subsection (1), the amendments to Sections 17B-2a-1108 and
366 59-12-203 in this bill have retrospective operation for the taxable year beginning on or after
367 January 1, 2017.