1     
PLANNING COMMISSION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Waldrip

5     
Senate Sponsor: David G. Buxton

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to county planning commissions.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows certain counties with more than one planning advisory area each with a
13     separate planning commission to dissolve each planning commission and establish a
14     countywide planning commission by ordinance; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          17-27a-301, as last amended by Laws of Utah 2019, Chapter 510
23          63I-2-217, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
24     and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 17-27a-301 is amended to read:
28          17-27a-301. Ordinance establishing planning commission required -- Exception --
29     Ordinance requirements -- Planning advisory area planning commission --
30     Compensation.
31          (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
32     establishing a countywide planning commission for the unincorporated areas of the county not
33     within a planning advisory area.
34          (b) Subsection (1)(a) does not apply if all of the county is included within any
35     combination of:
36          (i) municipalities;
37          (ii) planning advisory areas [with their own planning commissions] each with a
38     separate planning commission; and
39          (iii) mountainous planning districts.
40          (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
41     (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
42     subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
43     the entire mountainous planning district, including areas of the mountainous planning district
44     that are also located within a municipality or are unincorporated.
45          (ii) A planning commission described in Subsection (1)(c)(i):
46          (A) does not have jurisdiction over a municipality described in Subsection
47     10-9a-304(2)(b); and
48          (B) has jurisdiction subject to a local health department exercising its authority in
49     accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
50     the municipality's authority in accordance with Section 10-8-15.
51          (iii) The ordinance shall require that:
52          (A) members of the planning commission represent areas located in the unincorporated
53     and incorporated county;
54          (B) members of the planning commission be registered voters who reside either in the
55     unincorporated or incorporated county;
56          (C) at least one member of the planning commission resides within the mountainous
57     planning district and another member is a resident of a municipality located within the
58     mountainous planning district; and
59          (D) the county designate up to four seats on the planning commission, and fill each
60     vacancy in the designated seats in accordance with the procedure described in Subsection [(7)]
61     (8).
62          (2) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county of
63     the first or second class that includes more than one planning advisory area each with a
64     separate planning commission may enact an ordinance that:
65          (i) dissolves each planning commission within the county; and
66          (ii) establishes a countywide planning commission that has jurisdiction over:
67          (A) each planning advisory area within the county; and
68          (B) the unincorporated areas of the county not within a planning advisory area.
69          (b) A countywide planning commission established under Subsection (2)(a) shall
70     assume the duties of each dissolved planning commission.
71          [(2)] (3) (a) The ordinance described in Subsection (1)(a) or (c) or (2)(a) shall define:
72          (i) the number and terms of the members and, if the county chooses, alternate
73     members;
74          (ii) the mode of appointment;
75          (iii) the procedures for filling vacancies and removal from office;
76          (iv) the authority of the planning commission;
77          (v) subject to Subsection [(2)] (3)(b), the rules of order and procedure for use by the
78     planning commission in a public meeting; and
79          (vi) other details relating to the organization and procedures of the planning
80     commission.
81          (b) Subsection [(2)] (3)(a)(v) does not affect the planning commission's duty to comply
82     with Title 52, Chapter 4, Open and Public Meetings Act.
83          [(3)] (4) (a) (i) If the county establishes a planning advisory area planning commission,
84     the county legislative body shall enact an ordinance that defines:
85          (A) appointment procedures;
86          (B) procedures for filling vacancies and removing members from office;
87          (C) subject to Subsection [(3)] (4)(a)(ii), the rules of order and procedure for use by the
88     planning advisory area planning commission in a public meeting; and
89          (D) details relating to the organization and procedures of each planning advisory area
90     planning commission.
91          (ii) Subsection [(3)] (4)(a)(i)(C) does not affect the planning advisory area planning
92     commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
93          (b) The planning commission for each planning advisory area shall consist of seven
94     members who shall be appointed by:
95          (i) in a county operating under a form of government in which the executive and
96     legislative functions of the governing body are separated, the county executive with the advice
97     and consent of the county legislative body; or
98          (ii) in a county operating under a form of government in which the executive and
99     legislative functions of the governing body are not separated, the county legislative body.
100          (c) (i) Members shall serve four-year terms and until their successors are appointed and
101     qualified.
102          (ii) Notwithstanding the provisions of Subsection [(3)] (4)(c)(i), members of the first
103     planning commissions shall be appointed so that, for each commission, the terms of at least one
104     member and no more than two members expire each year.
105          (d) (i) Each member of a planning advisory area planning commission shall be a
106     registered voter residing within the planning advisory area.
107          (ii) Subsection [(3)] (4)(d)(i) does not apply to a member described in Subsection [(4)]
108     (5)(a) if that member was, prior to May 12, 2015, authorized to reside outside of the planning
109     advisory area.
110          [(4)] (5) (a) A member of a planning commission who was elected to and served on a
111     planning commission on May 12, 2015, shall serve out the term to which the member was
112     elected.
113          (b) Upon the expiration of an elected term described in Subsection [(4)] (5)(a), the
114     vacant seat shall be filled by appointment in accordance with this section.
115          [(5)] (6) Upon the appointment of all members of a planning advisory area planning
116     commission, each planning advisory area planning commission under this section shall begin to
117     exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all
118     matters then pending that previously had been under the jurisdiction of the countywide
119     planning commission or planning advisory area planning and zoning board.
120          [(6)] (7) The legislative body may authorize a member of a planning commission to
121     receive per diem and travel expenses for meetings actually attended, in accordance with
122     Section 11-55-103.
123          [(7)] (8) (a) Subject to Subsection [(7)] (8)(f), a county shall fill a vacancy in a
124     planning commission seat described in Subsection (1)(c)(iii)(D) in accordance with this
125     Subsection [(7)] (8).
126          (b) If a county designates one or more planning commission seats under Subsection
127     (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
128          (i) (A) are adjacent to the mountainous planning district; and
129          (B) border the entrance to a canyon that is located within the boundaries of the
130     mountainous planning district and accessed by a paved road maintained by the county or the
131     state; or
132          (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.
133          (c) When there is a vacancy in a planning commission seat described in Subsection
134     (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
135     Subsection [(7)] (8)(b), on a rotating basis, if applicable, for a list of three individuals, who
136     satisfy the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
137          (d) The city shall respond to a written request described in Subsection [(7)] (8)(c)
138     within 60 days after the day on which the city receives the written request.
139          (e) After the county receives the city's list of three individuals, the county shall submit
140     one of the individuals on the list for appointment to the vacant planning commission seat in
141     accordance with county ordinance.
142          (f) The county shall fill the vacancy in accordance with the county's standard procedure
143     if the city fails to timely respond to the written request.
144          Section 2. Section 63I-2-217 is amended to read:
145          63I-2-217. Repeal dates -- Title 17.
146          (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
147          (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
148     Council, is repealed January 1, 2021.
149          (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
150     planning district" is repealed June 1, 2021.
151          (4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
152     repealed June 1, 2021.
153          (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
154     June 1, 2021.
155          (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
156     district area" is repealed June 1, 2021.
157          (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
158     repealed June 1, 2021.
159          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
160     June 1, 2021.
161          (c) Subsection 17-27a-301[(2)](3)(a), the language that states "[described in Subsection
162     (1)(a)] or (c)" is repealed June 1, 2021.
163          (7) Section 17-27a-302, the language that states ", or mountainous planning district"
164     and "or the mountainous planning district," is repealed June 1, 2021.
165          (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
166     district or" and ", as applicable" is repealed June 1, 2021.
167          (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
168     repealed June 1, 2021.
169          (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
170     June 1, 2021.
171          (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
172     repealed June 1, 2021.
173          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
174     repealed June 1, 2021.
175          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
176     planning district" is repealed June 1, 2021.
177          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
178     district" is repealed June 1, 2021.
179          (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
180     repealed June 1, 2021.
181          (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
182     repealed June 1, 2021.
183          (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
184     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
185          (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
186     repealed June 1, 2021.
187          (15) Subsection 17-27a-605(1), the language that states "or mountainous planning
188     district land" is repealed June 1, 2021.
189          (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
190     2021.
191          (17) On June 1, 2021, when making the changes in this section, the Office of
192     Legislative Research and General Counsel shall:
193          (a) in addition to its authority under Subsection 36-12-12(3):
194          (i) make corrections necessary to ensure that sections and subsections identified in this
195     section are complete sentences and accurately reflect the office's understanding of the
196     Legislature's intent; and
197          (ii) make necessary changes to subsection numbering and cross references; and
198          (b) identify the text of the affected sections and subsections based upon the section and
199     subsection numbers used in Laws of Utah 2017, Chapter 448.
200          (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
201     in a designated recreation area, is repealed June 1, 2021.
202          (19) On June 1, 2020:
203          (a) Section 17-52a-104 is repealed;
204          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
205     described in Subsection 17-52a-104(2)," is repealed;
206          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
207          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
208     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
209     in effect on March 14, 2018," is repealed; and
210          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
211     pending process described in Section 17-52a-104, the attorney's report that is described in
212     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
213     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
214     2018," is repealed.
215          (20) On January 1, 2028, Subsection 17-52a-102(3) is repealed.