Senator Deidre M. Henderson proposes the following substitute bill:


1     
METRO TOWNSHIP AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Eric K. Hutchings

6     

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31          10-3b-504, as repealed and reenacted by Laws of Utah 2015, Chapter 352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.
93          [(5) The council of a metro township that is included in a municipal services district
94     may not adopt an ordinance or resolution that authorizes, provides, or otherwise governs a
95     municipal service, as defined in Section 17B-2a-1102, that is provided by a municipal services
96     district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act.]
97          Section 2. Section 10-3c-202 is amended to read:
98          10-3c-202. Budget.
99          [A] (1) Except as provided in Subsection (2), a metro township is subject to and shall
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          [(6)] (7) (a) This section applies only to a metro township in which:
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) [If, after incorporation, a municipal legislative body of a] A municipality located
168     in whole or in part within a municipal services district [does not adopt and deliver a resolution
169     to withdraw in accordance with Subsection 17B-1-502(3)(a)(iii), the municipality] shall remit
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[.]; and
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 remit to the municipal services district
193     the amounts described in Subsection (1) that relate to the period that the municipality is in the
194     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, [or] town,
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) [(i)] A specified local public body shall:
253          [(A)] (i) make pending minutes available to the public within 30 days after holding the
254     open meeting that is the subject of the pending minutes;
255          [(B)] (ii) [subject to Subsection (4)(f)(ii),] within three business days after approving
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          [(C)] (iii) within three business days after holding an open meeting, make an audio
260     recording of the open meeting available to the public for listening.
261          [(ii) A specified local public body of a city of the fifth class or town is encouraged to
262     comply with Subsection (4)(f)(i)(B) but is not required to comply until January 1, 2015.]
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          [(10)] (11) "Natural phenomena" means any earthquake, tornado, storm, flood,
313     landslide, avalanche, forest or range fire, drought, or epidemic.
314          [(11)] (12) "State of emergency" means a condition in any part of this state that
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          [(12)] (13) "Technological hazard" means any hazardous materials accident, mine
319     accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
320          [(13)] (14) "Terrorism" means activities or the threat of activities that:
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          [(14)] (15) "Urban search and rescue" means the location, extrication, and initial
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) [If] The State Tax Commission shall treat a metro township that imposes a tax
337     under this part[, the metro township is subject to the same requirements a city is required to
338     meet] as a city under this part.
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          [(3)] (4) (a) Except as provided in Subsection [(3)(b) and notwithstanding any other
343     provision of this part] (4)(b), if a metro township imposes a tax under this part, the State Tax
344     Commission shall distribute the [revenues collected from the tax] amount that the State Tax
345     Commission calculates under Section 59-12-205 to the metro township.
346          (b) The State Tax Commission shall transfer the [revenues collected within] amount
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.
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.