7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding the governance of metro townships and
10 municipal services districts.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends a provision regarding the entry of the election of a metro township mayor in
15 council meeting minutes;
16 ▸ amends a requirement that certain county officials fill certain metro township
17 offices or positions to be discretionary and subject to an agreement between the
18 county and the metro township;
19 ▸ repeals a provision regarding the initial membership of a municipal services district
20 board of trustees;
21 ▸ removes the county executive as the executive of a municipal services district; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 10-3b-503, as last amended by Laws of Utah 2018, Chapter 174
30 10-3c-203, as last amended by Laws of Utah 2017, Chapter 13
31 17B-2a-1106, as last amended by Laws of Utah 2018, Chapters 68, 112, and 174
32 20A-1-306, as last amended by Laws of Utah 2016, Chapter 348
33 68-3-12.5, as last amended by Laws of Utah 2018, Chapter 68
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 10-3b-503 is amended to read:
37 10-3b-503. Mayor in a metro township included in a municipal services district.
38 (1) The mayor in a metro township that is included in a municipal services district:
39 (a) is a regular and voting member of the council;
40 (b) is elected by the members of the council from among the council members;
41 (c) is the chair of the council and presides at all council meetings;
42 (d) exercises ceremonial functions for the municipality;
43 (e) may not veto any ordinance, resolution, tax levy passed, or any other action taken
44 by the council;
45 (f) represents the metro township on the board of a municipal services district; and
46 (g) has other powers and duties described in this section and otherwise authorized by
47 law except as modified by ordinance under Subsection 10-3b-504(2).
48 (2) Except as provided in Subsection (3), the mayor in a metro township that is
49 included in a municipal services district:
50 (a) shall:
51 (i) keep the peace and enforce the laws of the metro township;
52 (ii) ensure that all applicable statutes and metro township ordinances and resolutions
53 are faithfully executed and observed;
54 (iii) if the mayor remits a fine or forfeiture under Subsection (2)(b)(ii), report the
55 remittance to the council at the council's next meeting after the remittance;
56 (iv) perform all duties prescribed by statute or metro township ordinance or resolution;
57 (v) report to the council the condition and needs of the metro township;
58 (vi) report to the council any release granted under Subsection (2)(b)(iv); and
59 (b) may:
60 (i) recommend for council consideration any measure that the mayor considers to be in
61 the best interests of the municipality;
62 (ii) remit fines and forfeitures;
63 (iii) if necessary, call on residents of the municipality over the age of 21 years to assist
64 in enforcing the laws of the state and ordinances of the municipality;
65 (iv) release a person imprisoned for a violation of a municipal ordinance;
66 (v) with the council's advice and consent appoint a person to fill a municipal office or a
67 vacancy on a commission or committee of the municipality; and
68 (vi) at any reasonable time, examine and inspect the official books, papers, records, or
69 documents of:
70 (A) the municipality; or
71 (B) any officer, employee, or agency of the municipality.
72 (3) The powers and duties in Subsection (1) are subject to the council's authority to
73 limit or expand the mayor's powers and duties under Subsection 10-3b-504(2).
74 (4) (a) If the mayor is absent, unable, or refuses to act, the council may elect a member
75 of the council as mayor pro tempore, to:
76 (i) preside at a council meeting; and
77 (ii) perform during the mayor's absence, disability, or refusal to act, the duties and
78 functions of mayor.
79 (b) [
81 shall ensure that the election of a council member as mayor under Subsection (1)(b) or mayor
82 pro tempore under Subsection (4)(a) is entered in the minutes of the council meeting.
83 Section 2. Section 10-3c-203 is amended to read:
84 10-3c-203. Administrative and operational services -- Staff provided by county or
85 municipal services district -- Recording of open meetings.
86 (1) (a) This section applies only to a metro township in which:
87 (i) the electors at an election under Section 10-2a-404 chose a metro township that is
88 included in a municipal services district and has limited municipal powers; or
89 (ii) the metro township is subsequently annexed into a municipal services district.
90 (b) This section does not apply to a metro township described in Subsection (7)(a) if
91 the municipal services district is dissolved.
93 employed by, the county in which a metro township is located [
94 interpreting and complying with applicable law, fulfill the responsibilities and hold the
95 following metro township offices or positions if the county official and the metro township
97 (i) the county treasurer [
98 for the metro township;
99 (ii) the county clerk [
100 clerk for the metro township;
101 (iii) the county surveyor [
102 surveyor duties imposed by law;
103 (iv) the county engineer [
104 for the metro township; and
105 (v) subject to Subsection [
106 and hold the powers of auditor for the metro township.
107 (b) (i) The county auditor [
108 for the metro township to the extent that the county auditor's powers and duties are described in
109 and delegated to the county auditor in accordance with Title 17, Chapter 19a, County Auditor,
110 and a municipal auditor's powers and duties described in this title are the same.
111 (ii) Notwithstanding Subsection [
112 Sections 17-19a-203, 17-19a-204, and 17-19a-205, and services other than those described in
113 Subsection [
114 that are required by law, [
117 described in Subsections [
118 official and the metro township agree as provided in Subsection (2)(a), the metro township or a
119 duty to fulfill that official's position as required by law.
120 (b) Notwithstanding Subsection [
121 person described in Subsections [
122 (i) is elected, appointed, or otherwise employed, in accordance with the provisions of
123 Title 17, Counties, as applicable to that official's or person's county office;
124 (ii) is paid a salary and benefits and subject to employment discipline in accordance
125 with the provisions of Title 17, Counties, as applicable to that official's or person's county
127 (iii) is not subject to:
128 (A) Chapter 3, Part 11, Personnel Rules and Benefits; or
129 (B) Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and
130 (iv) is not required to provide a bond for the applicable municipal office if a bond for
131 the office is required by this title.
133 provide legal counsel to the metro township if the county and the metro township agree.
135 Section 10-9a-301 and an appeal authority in accordance with Section 10-9a-701.
137 Chapter 2a, Part 11, Municipal Services District Act, and of which the metro township is a
138 part, may provide staff to the metro township planning commission and appeal authority.
140 Section 10-6-137, if the county clerk and the metro township agree to the county clerk
141 providing recorder and clerk services to the metro township as provided in Subsection
143 (a) the county clerk may choose to not attend an open meeting of the metro township
144 council; and
145 (b) if the county clerk does not attend an open meeting of the metro township council,
146 the county clerk shall ensure that the chair of the metro township council or a designee of the
147 county clerk, in accordance with Section 52-4-203, makes a recording of the meeting and
148 prepares written minutes of the meeting.
155 Section 3. Section 17B-2a-1106 is amended to read:
156 17B-2a-1106. Municipal services district board of trustees -- Governance.
157 (1) [
158 other provision of law regarding the membership of a local district board of trustees, the initial
159 board of trustees of a municipal services district shall consist of the county legislative body.
188 the district is incorporated as a municipality as defined in Section 10-1-104 and the area is not
189 withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area
190 within the municipality is annexed into the municipal services district in accordance with
191 Section 17B-2a-1103, the district's board of trustees shall be as follows:
192 (i) subject to Subsection [
193 (ii) one member of the county council of the county in which the municipal services
194 district is located; and
195 (iii) the total number of board members is not required to be an odd number.
196 (b) A member described in Subsection [
197 (i) for a municipality other than a metro township, designated by the municipal
198 legislative body; and
199 (ii) for a metro township, the mayor of the metro township or, during any period of
200 time when the mayor is absent, unable, or refuses to act, the mayor pro tempore that the metro
201 township council elects in accordance with Subsection 10-3b-503(4).
209 vote is weighted using the proportion of the municipal services district population that resides:
210 (a) for each member described in Subsection [
211 municipality; and
212 (b) for the member described in Subsection [
215 appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
217 trustees may adopt a resolution to determine the internal governance of the board.
222 the provision of legal services to the municipal services district.
223 Section 4. Section 20A-1-306 is amended to read:
224 20A-1-306. Electronic signatures prohibited.
225 Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
226 Subsections 68-3-12(1)(e) and 68-3-12.5[
227 not be used to sign a petition to:
228 (1) qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to the
230 (2) organize and register a political party under Chapter 8, Political Party Formation
231 and Procedures; or
232 (3) qualify a candidate for the ballot under Chapter 9, Candidate Qualifications and
233 Nominating Procedures.
234 Section 5. Section 68-3-12.5 is amended to read:
235 68-3-12.5. Definitions for Utah Code.
236 (1) The definitions listed in this section apply to the Utah Code, unless:
237 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
238 to the context of the statute; or
239 (b) a different definition is expressly provided for the respective title, chapter, part,
240 section, or subsection.
241 (2) "Adjudicative proceeding" means:
242 (a) an action by a board, commission, department, officer, or other administrative unit
243 of the state that determines the legal rights, duties, privileges, immunities, or other legal
244 interests of one or more identifiable persons, including an action to grant, deny, revoke,
245 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
246 (b) judicial review of an action described in Subsection (2)(a).
247 (3) "Administrator" includes "executor" when the subject matter justifies the use.
248 (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
249 commission, committee, or council that:
250 (a) is created by, and whose duties are provided by, statute or executive order;
251 (b) performs its duties only under the supervision of another person as provided by
252 statute; and
253 (c) provides advice and makes recommendations to another person that makes policy
254 for the benefit of the general public.
255 (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
256 and Coast Guard.
257 (6) "City" includes, depending on population, a metro township as defined in Section
260 (a) the county commission, in the county commission or expanded county commission
261 form of government established under Title 17, Chapter 52a, Changing Forms of County
263 (b) the county executive, in the county executive-council optional form of government
264 authorized by Section 17-52a-203; or
265 (c) the county manager, in the council-manager optional form of government
266 authorized by Section 17-52a-204.
268 (a) the county commission, in the county commission or expanded county commission
269 form of government established under Title 17, Chapter 52a, Changing Forms of County
271 (b) the county council, in the county executive-council optional form of government
272 authorized by Section 17-52a-203; and
273 (c) the county council, in the council-manager optional form of government authorized
274 by Section 17-52a-204.
278 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
279 or court appointment; or
280 (b) is appointed by a court to manage the estate of a minor or incapacitated person.
282 (a) a public bridge;
283 (b) a county way;
284 (c) a county road;
285 (d) a common road; and
286 (e) a state road.
288 functioning that:
289 (a) exists concurrently with deficits in adaptive behavior; and
290 (b) is manifested during the developmental period as defined in the current edition of
291 the Diagnostic and Statistical Manual of Mental Disorders, published by the American
292 Psychiatric Association.
294 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
295 Security Act.
297 (a) land;
298 (b) a tenement;
299 (c) a hereditament;
300 (d) a water right;
301 (e) a possessory right; and
302 (f) a claim.
306 (a) an individual;
307 (b) an association;
308 (c) an institution;
309 (d) a corporation;
310 (e) a company;
311 (f) a trust;
312 (g) a limited liability company;
313 (h) a partnership;
314 (i) a political subdivision;
315 (j) a government office, department, division, bureau, or other body of government;
317 (k) any other organization or entity.
319 (a) money;
320 (b) goods;
321 (c) chattels;
322 (d) effects;
323 (e) evidences of a right in action;
324 (f) a written instrument by which a pecuniary obligation, right, or title to property is
325 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
326 (g) a right or interest in an item described in Subsections [
328 (a) an executor;
329 (b) an administrator;
330 (c) a successor personal representative;
331 (d) a special administrator; and
332 (e) a person who performs substantially the same function as a person described in
333 Subsections [
335 commission, or council that:
336 (a) is authorized to make policy for the benefit of the general public;
337 (b) is created by, and whose duties are provided by, the constitution or statute; and
338 (c) performs its duties according to its own rules without supervision other than under
339 the general control of another person as provided by statute.
341 expressly provided otherwise.
346 (a) land;
347 (b) a tenement;
348 (c) a hereditament;
349 (d) a water right;
350 (e) a possessory right; and
351 (f) a claim.
353 commission, committee, or council that:
354 (a) is authorized to approve policy made for the benefit of the general public by another
355 body or person;
356 (b) is created by, and whose duties are provided by, statute; and
357 (c) performs its duties according to its own rules without supervision other than under
358 the general control of another person as provided by statute.
360 (a) a public bridge;
361 (b) a county way;
362 (c) a county road;
363 (d) a common road; and
364 (e) a state road.
366 authenticate an instrument or writing.
368 state, district, or territory of the United States.
371 (32) "Town" includes, depending on population, a metro township as defined in
372 Section 10-3c-102.
374 (a) the armed forces;
375 (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
377 (c) the commissioned corps of the United States Public Health Service.
379 States of America.
381 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
383 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
384 (b) (i) after the day described in Subsection [
385 (ii) before the most recent amendment to the referenced portion of the 1953
386 recodification of the Utah Code.
388 boat, and every structure adapted to be navigated from place to place.
390 (i) has served in the United States Armed Forces for at least 180 days:
391 (A) on active duty; or
392 (B) in a reserve component, to include the National Guard; or
393 (ii) has incurred an actual service-related injury or disability while in the United States
394 Armed Forces regardless of whether the individual completed 180 days; and
395 (iii) was separated or retired under conditions characterized as honorable or general.
396 (b) This definition is not intended to confer eligibility for benefits.
399 (a) the state;
400 (b) a court; or
401 (c) a judicial officer.
403 (a) printing;
404 (b) handwriting; and
405 (c) information stored in an electronic or other medium if the information is retrievable
406 in a perceivable format.