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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to certain public information websites.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the Division of Archives and Records Service to create and maintain the
13 Utah Open Records Portal Website to serve as a point of access for Government
14 Records Access and Management Act requests;
15 ▸ renumbers and modifies provisions applicable to the Utah Public Notice Website,
16 administered by the Division of Archives and Records Service;
17 ▸ clarifies provisions relating to the membership and duties of the Utah Transparency
18 Advisory Board;
19 ▸ requires the Department of Technology Services to create and maintain the Utah
20 Open Data Portal Website to serve as a point of access for public information;
21 ▸ renumbers and modifies provisions applicable to the Utah Public Finance Website,
22 administered by the state auditor; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 4-21-106, as last amended by Laws of Utah 2019, Chapters 370 and 456
31 4-22-107, as last amended by Laws of Utah 2019, Chapters 370 and 456
32 4-30-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
33 7-1-706, as last amended by Laws of Utah 2010, Chapter 90
34 10-2-406, as last amended by Laws of Utah 2019, Chapter 255
35 10-2-407, as last amended by Laws of Utah 2019, Chapter 255
36 10-2-415, as last amended by Laws of Utah 2019, Chapter 255
37 10-2-418, as last amended by Laws of Utah 2019, Chapter 255
38 10-2-419, as last amended by Laws of Utah 2019, Chapter 255
39 10-2-501, as last amended by Laws of Utah 2019, Chapter 255
40 10-2-502.5, as last amended by Laws of Utah 2019, Chapter 255
41 10-2-607, as last amended by Laws of Utah 2019, Chapter 255
42 10-2-703, as last amended by Laws of Utah 2019, Chapter 255
43 10-2-708, as last amended by Laws of Utah 2019, Chapter 255
44 10-2a-207, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
45 by Coordination Clause, Laws of Utah 2019, Chapter 165
46 10-2a-210, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
47 by Coordination Clause, Laws of Utah 2019, Chapter 165
48 10-2a-213, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
49 by Coordination Clause, Laws of Utah 2019, Chapter 165
50 10-2a-214, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
51 by Coordination Clause, Laws of Utah 2019, Chapter 165
52 10-2a-215, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
53 by Coordination Clause, Laws of Utah 2019, Chapter 165
54 10-2a-405, as last amended by Laws of Utah 2016, Chapter 176
55 10-3-301, as last amended by Laws of Utah 2019, Chapters 258 and 305
56 10-3-818, as last amended by Laws of Utah 2010, Chapter 90
57 10-5-107.5, as enacted by Laws of Utah 2017, Chapter 71
58 10-5-108, as last amended by Laws of Utah 2017, Chapter 193
59 10-6-113, as last amended by Laws of Utah 2017, Chapter 193
60 10-6-135.5, as enacted by Laws of Utah 2017, Chapter 71
61 10-7-19, as last amended by Laws of Utah 2019, Chapter 255
62 10-8-2, as last amended by Laws of Utah 2019, Chapter 376
63 10-8-15, as last amended by Laws of Utah 2019, Chapter 413
64 10-9a-203, as last amended by Laws of Utah 2015, Chapter 202
65 10-9a-204, as last amended by Laws of Utah 2010, Chapter 90
66 10-9a-205, as last amended by Laws of Utah 2017, Chapter 84
67 10-9a-208, as last amended by Laws of Utah 2019, Chapter 384
68 10-18-203, as last amended by Laws of Utah 2010, Chapter 90
69 10-18-302, as last amended by Laws of Utah 2014, Chapter 176
70 11-13-204, as last amended by Laws of Utah 2015, Chapter 265
71 11-13-509, as enacted by Laws of Utah 2015, Chapter 265
72 11-13-531, as enacted by Laws of Utah 2015, Chapter 265
73 11-13-603, as last amended by Laws of Utah 2019, Chapter 370
74 11-14-202, as last amended by Laws of Utah 2019, Chapter 255
75 11-14-318, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
76 11-36a-501, as enacted by Laws of Utah 2011, Chapter 47
77 11-36a-503, as enacted by Laws of Utah 2011, Chapter 47
78 11-36a-504, as last amended by Laws of Utah 2017, Chapter 84
79 11-42-202, as last amended by Laws of Utah 2018, Chapter 197
80 11-42-402, as last amended by Laws of Utah 2015, Chapter 396
81 11-58-502, as last amended by Laws of Utah 2019, Chapter 399
82 11-58-801, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
83 11-59-401, as enacted by Laws of Utah 2018, Chapter 388
84 17-27a-203, as last amended by Laws of Utah 2009, Chapter 188
85 17-27a-204, as last amended by Laws of Utah 2010, Chapter 90
86 17-27a-205, as last amended by Laws of Utah 2017, Chapter 84
87 17-27a-208, as last amended by Laws of Utah 2019, Chapter 384
88 17-27a-306, as last amended by Laws of Utah 2015, Chapter 352
89 17-27a-404, as last amended by Laws of Utah 2018, Chapter 218
90 17-36-12, as last amended by Laws of Utah 2017, Chapter 193
91 17-36-26, as last amended by Laws of Utah 2017, Chapter 193
92 17-41-304, as last amended by Laws of Utah 2019, Chapter 227
93 17-41-405, as last amended by Laws of Utah 2019, Chapter 227
94 17-50-303, as last amended by Laws of Utah 2019, Chapter 376
95 17B-1-106, as last amended by Laws of Utah 2013, Chapter 445
96 17B-1-211, as last amended by Laws of Utah 2013, Chapter 265
97 17B-1-303, as last amended by Laws of Utah 2019, Chapters 40 and 255
98 17B-1-306, as last amended by Laws of Utah 2019, Chapter 255
99 17B-1-413, as last amended by Laws of Utah 2010, Chapter 90
100 17B-1-417, as last amended by Laws of Utah 2010, Chapter 90
101 17B-1-505.5, as enacted by Laws of Utah 2017, Chapter 404
102 17B-1-609, as last amended by Laws of Utah 2015, Chapter 436
103 17B-1-643, as last amended by Laws of Utah 2016, Chapter 273
104 17B-1-1204, as last amended by Laws of Utah 2010, Chapter 90
105 17B-1-1307, as last amended by Laws of Utah 2010, Chapter 90
106 17B-2a-705, as last amended by Laws of Utah 2019, Chapter 255
107 17B-2a-1110, as last amended by Laws of Utah 2016, Chapter 176
108 17C-1-207, as last amended by Laws of Utah 2019, Chapter 376
109 17C-1-601.5, as last amended by Laws of Utah 2018, Chapter 101
110 17C-1-804, as last amended by Laws of Utah 2019, Chapter 376
111 17C-1-806, as last amended by Laws of Utah 2018, Chapter 364
112 17C-2-108, as last amended by Laws of Utah 2016, Chapter 350
113 17C-3-107, as last amended by Laws of Utah 2016, Chapter 350
114 17C-4-109, as last amended by Laws of Utah 2016, Chapter 350
115 17C-4-202, as last amended by Laws of Utah 2016, Chapter 350
116 17C-5-110, as enacted by Laws of Utah 2016, Chapter 350
117 17C-5-113, as enacted by Laws of Utah 2016, Chapter 350
118 17C-5-205, as last amended by Laws of Utah 2019, Chapter 376
119 17D-3-107, as last amended by Laws of Utah 2019, Chapter 370
120 17D-3-305, as last amended by Laws of Utah 2019, Chapter 255
121 19-2-109, as last amended by Laws of Utah 2012, Chapter 360
122 20A-1-512, as last amended by Laws of Utah 2019, Chapter 40
123 20A-3-604, as last amended by Laws of Utah 2019, Chapter 255
124 20A-4-104, as last amended by Laws of Utah 2019, Chapter 255
125 20A-4-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
126 20A-5-101, as last amended by Laws of Utah 2019, Chapter 255
127 20A-5-405, as last amended by Laws of Utah 2019, Chapter 255
128 20A-7-204.1, as last amended by Laws of Utah 2019, Chapters 255, 275 and last
129 amended by Coordination Clause, Laws of Utah 2019, Chapter 275
130 20A-7-401.5, as enacted by Laws of Utah 2019, Chapter 203
131 20A-7-402, as last amended by Laws of Utah 2019, Chapters 203, 255 and last
132 amended by Coordination Clause, Laws of Utah 2019, Chapter 203
133 20A-9-203, as last amended by Laws of Utah 2019, Chapters 142, 255, 258, and 305
134 26-61a-303, as renumbered and amended by Laws of Utah 2018, Third Special Session,
135 Chapter 1
136 32B-8a-302, as last amended by Laws of Utah 2017, Chapters 455, 471 and last
137 amended by Coordination Clause, Laws of Utah 2017, Chapter 471
138 45-1-101, as last amended by Laws of Utah 2019, Chapter 274
139 49-11-1102, as enacted by Laws of Utah 2016, Chapter 281
140 52-4-202, as last amended by Laws of Utah 2016, Chapter 77
141 52-4-203, as last amended by Laws of Utah 2018, Chapter 425
142 53-13-114, as last amended by Laws of Utah 2012, Chapter 196
143 53B-7-101.5, as last amended by Laws of Utah 2010, Chapter 90
144 53B-8a-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
145 53D-1-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
146 53E-3-705, as last amended by Laws of Utah 2019, Chapters 186 and 370
147 53E-4-202, as last amended by Laws of Utah 2019, Chapters 186 and 324
148 53G-3-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
149 53G-4-204, as last amended by Laws of Utah 2019, Chapter 293
150 53G-4-402, as last amended by Laws of Utah 2019, Chapters 83, 293, and 451
151 53G-5-504, as last amended by Laws of Utah 2019, Chapter 293
152 53G-7-1105, as last amended by Laws of Utah 2019, Chapter 293
153 54-8-10, as last amended by Laws of Utah 2010, Chapter 90
154 54-8-16, as last amended by Laws of Utah 2010, Chapter 90
155 57-11-11, as last amended by Laws of Utah 2011, Chapter 340
156 59-2-919, as last amended by Laws of Utah 2019, Chapters 322 and 450
157 59-2-919.2, as last amended by Laws of Utah 2010, Chapter 90
158 59-12-1102, as last amended by Laws of Utah 2016, Chapter 364
159 63A-3-103, as last amended by Laws of Utah 2019, Chapter 370
160 63A-5a-202, as enacted by Laws of Utah 2019, Chapter 195
161 63A-12-100, as last amended by Laws of Utah 2010, Chapter 258
162 63A-12-101, as last amended by Laws of Utah 2019, Chapter 254
163 63E-2-109, as last amended by Laws of Utah 2019, Chapter 370
164 63G-4-107, as enacted by Laws of Utah 2016, Chapter 312
165 63G-9-303, as last amended by Laws of Utah 2016, Chapter 118
166 63H-1-701, as last amended by Laws of Utah 2018, Chapter 101
167 63H-2-502, as last amended by Laws of Utah 2018, Chapter 101
168 63H-4-108, as last amended by Laws of Utah 2019, Chapters 370 and 456
169 63H-5-108, as last amended by Laws of Utah 2019, Chapters 370 and 456
170 63H-6-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
171 63H-7a-104, as enacted by Laws of Utah 2019, Chapter 456
172 63H-7a-803, as last amended by Laws of Utah 2019, Chapters 370 and 509
173 63H-8-204, as last amended by Laws of Utah 2019, Chapter 370
174 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
175 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
176 246
177 63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
178 and 483
179 63M-4-402, as enacted by Laws of Utah 2014, Chapter 294
180 72-3-108, as last amended by Laws of Utah 2010, Chapter 90
181 72-5-105, as last amended by Laws of Utah 2017, First Special Session, Chapter 2
182 73-1-16, as last amended by Laws of Utah 2010, Chapter 90
183 73-5-14, as last amended by Laws of Utah 2010, Chapter 90
184 75-1-401, as last amended by Laws of Utah 2010, Chapter 90
185 ENACTS:
186 63A-12-114, Utah Code Annotated 1953
187 63A-16-101, Utah Code Annotated 1953
188 63A-16-102, Utah Code Annotated 1953
189 63A-16-202, Utah Code Annotated 1953
190 63F-1-108, Utah Code Annotated 1953
191 RENUMBERS AND AMENDS:
192 63A-12-201, (Renumbered from 63F-1-701, as last amended by Laws of Utah 2016,
193 Chapter 233)
194 63A-12-202, (Renumbered from 63F-1-702, as enacted by Laws of Utah 2007, Chapter
195 249)
196 63A-16-201, (Renumbered from 63A-1-203, as renumbered and amended by Laws of
197 Utah 2019, Chapter 370)
198 67-3-12, (Renumbered from 63A-1-202, as last amended by Laws of Utah 2019,
199 Chapter 214 and renumbered and amended by Laws of Utah 2019, Chapter 370)
200 REPEALS:
201 63A-1-201, as renumbered and amended by Laws of Utah 2019, Chapter 370
202 63A-1-204, as renumbered and amended by Laws of Utah 2019, Chapter 370
203 63A-1-205, as renumbered and amended by Laws of Utah 2019, Chapter 370
204 63A-1-206, as renumbered and amended by Laws of Utah 2019, Chapter 370
205
206 Be it enacted by the Legislature of the state of Utah:
207 Section 1. Section 4-21-106 is amended to read:
208 4-21-106. Exemption from certain operational requirements.
209 (1) The council is exempt from:
210 (a) Title 51, Chapter 5, Funds Consolidation Act;
211 (b) Title 63A, Utah Administrative Services Code[
212
213 (c) Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt
214 procedures to ensure that the council makes purchases:
215 (i) in a manner that provides for fair competition between providers; and
216 (ii) at competitive prices;
217 (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
218 (e) Title 67, Chapter 19, Utah State Personnel Management Act.
219 (2) The council is subject to:
220 (a) Title 51, Chapter 7, State Money Management Act;
221 (b) Title 52, Chapter 4, Open and Public Meetings Act;
222 (c) [
223 (d) Title 63G, Chapter 2, Government Records Access and Management Act;
224 (e) other Utah Code provisions not specifically exempted under Subsection
225 4-21-106(1); and
226 (f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
227 legislative auditor pursuant to Section 36-12-15.
228 Section 2. Section 4-22-107 is amended to read:
229 4-22-107. Exemption from certain operational requirements.
230 (1) The commission is exempt from:
231 (a) Title 51, Chapter 5, Funds Consolidation Act;
232 (b) Title 51, Chapter 7, State Money Management Act;
233 (c) [
234 Code;
235 (d) Title 63G, Chapter 6a, Utah Procurement Code, but the commission shall adopt
236 procedures to ensure that the commission makes purchases:
237 (i) in a manner that provides for fair competition between providers; and
238 (ii) at competitive prices;
239 (e) Title 63J, Chapter 1, Budgetary Procedures Act; and
240 (f) Title 67, Chapter 19, Utah State Personnel Management Act.
241 (2) The commission is subject to:
242 (a) Title 52, Chapter 4, Open and Public Meetings Act;
243 (b) [
244 (c) Title 63G, Chapter 2, Government Records Access and Management Act.
245 Section 3. Section 4-30-106 is amended to read:
246 4-30-106. Hearing on license application -- Notice of hearing.
247 (1) Upon the filing of an application, the chairman of the Livestock Market Committee
248 shall set a time for hearing on the application in the city or town nearest the proposed site of the
249 livestock market and cause notice of the time and place of the hearing together with a copy of
250 the application to be forwarded by mail, not less than 15 days before the hearing date, to the
251 following:
252 (a) each licensed livestock market operator within the state; and
253 (b) each livestock or other interested association or group of persons in the state that
254 has filed written notice with the committee requesting receipt of notice of such hearings.
255 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
256 (a) in a daily or weekly newspaper of general circulation within the city or town where
257 the hearing is scheduled; and
258 (b) on the Utah Public Notice Website created in Section [
259 Section 4. Section 7-1-706 is amended to read:
260 7-1-706. Application to commissioner to exercise power -- Procedure.
261 (1) Except as provided in Sections 7-1-704 and 7-1-705, by filing a request for agency
262 action with the commissioner, any person may request the commissioner to:
263 (a) issue any rule or order;
264 (b) exercise any powers granted to the commissioner under this title; or
265 (c) act on any matter that is subject to the approval of the commissioner.
266 (2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
267 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
268 the request.
269 (3) (a) The supervisor shall submit written findings and recommendations to the
270 commissioner.
271 (b) The application, any additional information furnished by the applicant, and the
272 findings and recommendations of the supervisor may be inspected by any person at the office
273 of the commissioner, except those portions of the application or report that the commissioner
274 designates as confidential to prevent a clearly unwarranted invasion of privacy.
275 (4) (a) If a hearing is held concerning the request, the commissioner shall publish
276 notice of the hearing at the applicant's expense:
277 (i) in a newspaper of general circulation within the county where the applicant is
278 located at least once a week for three successive weeks before the date of the hearing; and
279 (ii) on the Utah Public Notice Website created in Section [
280 three weeks before the date of the hearing.
281 (b) The notice required by Subsection (4)(a) shall include the information required by
282 the department's rules.
283 (c) The commissioner shall act upon the request within 30 days after the close of the
284 hearing, based on the record before the commissioner.
285 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
286 within 90 days of receipt of the request based on:
287 (i) the application;
288 (ii) additional information filed with the commissioner; and
289 (iii) the findings and recommendations of the supervisor.
290 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
291 and an order, and shall mail a copy of each to:
292 (i) the applicant;
293 (ii) all persons who have filed protests to the granting of the application; and
294 (iii) other persons that the commissioner considers should receive copies.
295 (6) The commissioner may impose any conditions or limitations on the approval or
296 disapproval of a request that the commissioner considers proper to:
297 (a) protect the interest of creditors, depositors, and other customers of an institution;
298 (b) protect its shareholders or members; and
299 (c) carry out the purposes of this title.
300 Section 5. Section 10-2-406 is amended to read:
301 10-2-406. Notice of certification -- Publishing and providing notice of petition.
302 (1) After receipt of the notice of certification from the city recorder or town clerk under
303 Subsection 10-2-405(2)(c)(i), the municipal legislative body shall publish notice:
304 (a) (i) at least once a week for three successive weeks, beginning no later than 10 days
305 after the day on which the municipal legislative body receives the notice of certification, in a
306 newspaper of general circulation within:
307 (A) the area proposed for annexation; and
308 (B) the unincorporated area within 1/2 mile of the area proposed for annexation;
309 (ii) if there is no newspaper of general circulation in the combined area described in
310 Subsections (1)(a)(i)(A) and (B), no later than 10 days after the day on which the municipal
311 legislative body receives the notice of certification, by posting one notice, and at least one
312 additional notice per 2,000 population within the combined area, in places within the combined
313 area that are most likely to give notice to the residents within, and the owners of real property
314 located within, the combined area; or
315 (iii) no later than 10 days after the day on which the municipal legislative body
316 receives the notice of certification, by mailing the notice to each residence within, and to each
317 owner of real property located within, the combined area described in Subsections (1)(a)(i)(A)
318 and (B);
319 (b) in accordance with Section 45-1-101, for three weeks, beginning no later than 10
320 days after the day on which the municipal legislative body receives the notice of certification;
321 (c) on the Utah Public Notice Website created in Section [
322 three weeks, beginning no later than 10 days after the day on which the municipal legislative
323 body receives the notice of certification;
324 (d) within 20 days after the day on which the municipal legislative body receives the
325 notice of certification, by mailing written notice to each affected entity; and
326 (e) if the municipality has a website, on the municipality's website for the period of
327 time described in Subsection (1)(c).
328 (2) The notice described in Subsection (1) shall:
329 (a) state that a petition has been filed with the municipality proposing the annexation of
330 an area to the municipality;
331 (b) state the date of the municipal legislative body's receipt of the notice of certification
332 under Subsection 10-2-405(2)(c)(i);
333 (c) describe the area proposed for annexation in the annexation petition;
334 (d) state that the complete annexation petition is available for inspection and copying at
335 the office of the city recorder or town clerk;
336 (e) state in conspicuous and plain terms that the municipality may grant the petition
337 and annex the area described in the petition unless, within the time required under Subsection
338 10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
339 a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
340 municipality;
341 (f) state the address of the commission or, if a commission has not yet been created in
342 the county, the county clerk, where a protest to the annexation petition may be filed;
343 (g) state that the area proposed for annexation to the municipality will also
344 automatically be annexed to a local district providing fire protection, paramedic, and
345 emergency services or a local district providing law enforcement service, as the case may be, as
346 provided in Section 17B-1-416, if:
347 (i) the proposed annexing municipality is entirely within the boundaries of a local
348 district:
349 (A) that provides fire protection, paramedic, and emergency services or law
350 enforcement service, respectively; and
351 (B) in the creation of which an election was not required because of Subsection
352 17B-1-214(3)(c); and
353 (ii) the area proposed to be annexed to the municipality is not already within the
354 boundaries of the local district; and
355 (h) state that the area proposed for annexation to the municipality will be automatically
356 withdrawn from a local district providing fire protection, paramedic, and emergency services or
357 a local district providing law enforcement service, as the case may be, as provided in
358 Subsection 17B-1-502(2), if:
359 (i) the petition proposes the annexation of an area that is within the boundaries of a
360 local district:
361 (A) that provides fire protection, paramedic, and emergency services or law
362 enforcement service, respectively; and
363 (B) in the creation of which an election was not required because of Subsection
364 17B-1-214(3)(c); and
365 (ii) the proposed annexing municipality is not within the boundaries of the local
366 district.
367 (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
368 written protest in terms of the actual date rather than by reference to the statutory citation.
369 (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
370 for a proposed annexation of an area within a county of the first class shall include a statement
371 that a protest to the annexation petition may be filed with the commission by property owners if
372 it contains the signatures of the owners of private real property that:
373 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
374 annexation;
375 (ii) covers at least 25% of the private land area located in the unincorporated area
376 within 1/2 mile of the area proposed for annexation; and
377 (iii) is equal in value to at least 15% of all real property located in the unincorporated
378 area within 1/2 mile of the area proposed for annexation.
379 Section 6. Section 10-2-407 is amended to read:
380 10-2-407. Protest to annexation petition -- Planning advisory area planning
381 commission recommendation -- Petition requirements -- Disposition of petition if no
382 protest filed.
383 (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
384 (a) the legislative body or governing board of an affected entity;
385 (b) the owner of rural real property as defined in Section 17B-2a-1107; or
386 (c) for a proposed annexation of an area within a county of the first class, the owners of
387 private real property that:
388 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
389 annexation;
390 (ii) covers at least 25% of the private land area located in the unincorporated area
391 within 1/2 mile of the area proposed for annexation; and
392 (iii) is equal in value to at least 15% of all real property located in the unincorporated
393 area within 1/2 mile of the area proposed for annexation.
394 (2) Each protest under Subsection (1) shall:
395 (a) be filed:
396 (i) no later than 30 days after the municipal legislative body's receipt of the notice of
397 certification under Subsection 10-2-405(2)(c)(i); and
398 (ii) (A) in a county that has already created a commission under Section 10-2-409, with
399 the commission; or
400 (B) in a county that has not yet created a commission under Section 10-2-409, with the
401 clerk of the county in which the area proposed for annexation is located;
402 (b) state each reason for the protest of the annexation petition and, if the area proposed
403 to be annexed is located in a specified county, justification for the protest under the standards
404 established in this chapter;
405 (c) if the area proposed to be annexed is located in a specified county, contain other
406 information that the commission by rule requires or that the party filing the protest considers
407 pertinent; and
408 (d) contain the name and address of a contact person who is to receive notices sent by
409 the commission with respect to the protest proceedings.
410 (3) The party filing a protest under this section shall on the same date deliver or mail a
411 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
412 (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
413 (a) immediately notify the county legislative body of the protest; and
414 (b) deliver the protest to the boundary commission within five days after:
415 (i) receipt of the protest, if the boundary commission has previously been created; or
416 (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
417 boundary commission has not previously been created.
418 (5) (a) If a protest is filed under this section:
419 (i) the municipal legislative body may, at its next regular meeting after expiration of
420 the deadline under Subsection (2)(a)(i), deny the annexation petition; or
421 (ii) if the municipal legislative body does not deny the annexation petition under
422 Subsection (5)(a)(i), the municipal legislative body may take no further action on the
423 annexation petition until after receipt of the commission's notice of its decision on the protest
424 under Section 10-2-416.
425 (b) If a municipal legislative body denies an annexation petition under Subsection
426 (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
427 the denial in writing to:
428 (i) the contact sponsor of the annexation petition;
429 (ii) the commission; and
430 (iii) each entity that filed a protest.
431 (6) If no timely protest is filed under this section, the municipal legislative body may,
432 subject to Subsection (7), approve the petition.
433 (7) Before approving an annexation petition under Subsection (6), the municipal
434 legislative body shall hold a public hearing and publish notice of the public hearing:
435 (a) (i) at least seven days before the day of the public hearing in a newspaper of general
436 circulation within the municipality and the area proposed for annexation;
437 (ii) if there is no newspaper of general circulation in the combined area described in
438 Subsection (7)(a)(i), at least seven days before the day of the public hearing, by posting one
439 notice, and at least one additional notice per 2,000 population within the combined area, in
440 places within the combined area that are most likely to give notice to the residents within, and
441 the owners of real property located within, the combined area; or
442 (iii) at least 10 days before the day of the public hearing by mailing the notice to each
443 residence within, and to each owner of real property located within, the combined area
444 described in Subsection (7)(a)(i);
445 (b) on the Utah Public Notice Website created in Section [
446 seven days before the day of the public hearing;
447 (c) in accordance with Section 45-1-101, for seven days before the day of the public
448 hearing; and
449 (d) if the municipality has a website, on the municipality's website for seven days
450 before the day of the public hearing.
451 Section 7. Section 10-2-415 is amended to read:
452 10-2-415. Public hearing -- Notice.
453 (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
454 requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
455 located in a county of the first class, the commission shall hold a public hearing within 30 days
456 after the day on which the commission receives the feasibility study or supplemental feasibility
457 study results.
458 (b) At the public hearing described in Subsection (1)(a), the commission shall:
459 (i) require the feasibility consultant to present the results of the feasibility study and, if
460 applicable, the supplemental feasibility study;
461 (ii) allow those present to ask questions of the feasibility consultant regarding the study
462 results; and
463 (iii) allow those present to speak to the issue of annexation.
464 (2) The commission shall publish notice of the public hearing described in Subsection
465 (1)(a):
466 (a) (i) at least once a week for two successive weeks before the public hearing in a
467 newspaper of general circulation within the area proposed for annexation, the surrounding 1/2
468 mile of unincorporated area, and the proposed annexing municipality;
469 (ii) if there is no newspaper of general circulation within the combined area described
470 in Subsection (2)(a)(i), at least two weeks before the day of the public hearing, by posting one
471 notice, and at least one additional notice per 2,000 population within the combined area, in
472 places within the combined area that are most likely to give notice of the public hearing to the
473 residents within, and the owners of real property located within, the combined area; or
474 (iii) by mailing notice to each residence within, and to each owner of real property
475 located within, the combined area described in Subsection (2)(a)(i);
476 (b) on the Utah Public Notice Website created in Section [
477 two weeks before the day of the public hearing;
478 (c) in accordance with Section 45-1-101, for two weeks before the day of the public
479 hearing;
480 (d) by sending written notice of the public hearing to the municipal legislative body of
481 the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
482 that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
483 person; and
484 (e) if the municipality has a website, on the municipality's website for two weeks
485 before the day of the public hearing.
486 (3) The notice described in Subsection (2) shall:
487 (a) be entitled, "notice of annexation hearing";
488 (b) state the name of the annexing municipality;
489 (c) describe the area proposed for annexation; and
490 (d) specify the following sources where an individual may obtain a copy of the
491 feasibility study conducted in relation to the proposed annexation:
492 (i) if the municipality has a website, the municipality's website;
493 (ii) a municipality's physical address; and
494 (iii) a mailing address and telephone number.
495 (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
496 expired with respect to a proposed annexation of an area located in a specified county, the
497 boundary commission shall hold a hearing on all protests that were filed with respect to the
498 proposed annexation.
499 (5) At least 14 days before the date of a hearing described in Subsection (4), the
500 commission chair shall publish notice of the hearing:
501 (a) (i) in a newspaper of general circulation within the area proposed for annexation;
502 (ii) if there is no newspaper of general circulation within the area proposed for
503 annexation, by posting one notice, and at least one additional notice per 2,000 population
504 within the area in places within the area that are most likely to give notice of the hearing to the
505 residents within, and the owners of real property located within, the area; or
506 (iii) mailing notice to each resident within, and each owner of real property located
507 within, the area proposed for annexation;
508 (b) on the Utah Public Notice Website created in Section [
509 14 days before the day of the hearing;
510 (c) in accordance with Section 45-1-101, for 14 days before the day of the hearing; and
511 (d) on the county's website for two weeks before the day of the public hearing.
512 (6) Each notice described in Subsection (5) shall:
513 (a) state the date, time, and place of the hearing;
514 [
515 [
516 (7) The commission may continue a hearing under Subsection (4) from time to time,
517 but no continued hearing may be held later than 60 days after the original hearing date.
518 (8) In considering protests, the commission shall consider whether the proposed
519 annexation:
520 (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
521 annexation policy plan of the proposed annexing municipality;
522 (b) conflicts with the annexation policy plan of another municipality; and
523 (c) if the proposed annexation includes urban development, will have an adverse tax
524 consequence on the remaining unincorporated area of the county.
525 (9) (a) The commission shall record each hearing under this section by electronic
526 means.
527 (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
528 applicable, information received at the hearing, and the written decision of the commission
529 shall constitute the record of the hearing.
530 Section 8. Section 10-2-418 is amended to read:
531 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
532 Hearing.
533 (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
534 accordance with this section of an area located within a county of the first class,
535 "municipal-type services" does not include a service provided by a municipality pursuant to a
536 contract that the municipality has with another political subdivision as "political subdivision" is
537 defined in Section 17B-1-102.
538 (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
539 unincorporated area under this section without an annexation petition if:
540 (a) (i) the area to be annexed consists of one or more unincorporated islands within or
541 unincorporated peninsulas contiguous to the municipality;
542 (ii) the majority of each island or peninsula consists of residential or commercial
543 development;
544 (iii) the area proposed for annexation requires the delivery of municipal-type services;
545 and
546 (iv) the municipality has provided most or all of the municipal-type services to the area
547 for more than one year;
548 (b) (i) the area to be annexed consists of one or more unincorporated islands within or
549 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
550 residents; and
551 (ii) the municipality has provided one or more municipal-type services to the area for at
552 least one year;
553 (c) (i) the area consists of:
554 (A) an unincorporated island within or an unincorporated peninsula contiguous to the
555 municipality; and
556 (B) for an area outside of the county of the first class proposed for annexation, no more
557 than 50 acres; and
558 (ii) the county in which the area is located, subject to Subsection (4)(b), and the
559 municipality agree that the area should be included within the municipality; or
560 (d) (i) the area to be annexed consists only of one or more unincorporated islands in a
561 county of the second class;
562 (ii) the area to be annexed is located in the expansion area of a municipality; and
563 (iii) the county legislative body in which the municipality is located provides notice to
564 each property owner within the area to be annexed that:
565 (A) the county legislative body will hold a public hearing, no less than 15 days after the
566 day on which the county legislative body provides the notice; and
567 (B) after the public hearing the county legislative body may make a recommendation of
568 annexation to the municipality whose expansion area includes the area to be annexed.
569 (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
570 portion of an unincorporated island or unincorporated peninsula under this section, leaving
571 unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
572 (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
573 determines that not annexing the entire unincorporated island or unincorporated peninsula is in
574 the municipality's best interest; and
575 (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
576 the entire island of unincorporated area, of which a portion is being annexed, complies with the
577 requirement of Subsection (2)(b)(i) relating to the number of residents.
578 (4) (a) This Subsection (4) applies only to an annexation within a county of the first
579 class.
580 (b) A county of the first class shall agree to an annexation if the majority of private
581 property owners within the area to be annexed give written consent to the annexation, in
582 accordance with Subsection (4)(d), to the recorder of the annexing municipality.
583 (c) For purposes of Subsection (4)(b), the majority of private property owners is
584 property owners who own:
585 (i) the majority of the total private land area within the area proposed for annexation;
586 and
587 (ii) private real property equal to at least one half the value of private real property
588 within the area proposed for annexation.
589 (d) A property owner consenting to annexation shall indicate the property owner's
590 consent on a form which includes language in substantially the following form:
591 "Notice: If this written consent is used to proceed with an annexation of your property
592 in accordance with Utah Code Section 10-2-418, no public election is required by law to
593 approve the annexation. If you sign this consent and later decide you do not want to support
594 the annexation of your property, you may withdraw your signature by submitting a signed,
595 written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
596 choose to withdraw your signature, you must do so no later than the close of the public hearing
597 on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
598 (e) A private property owner may withdraw the property owner's signature indicating
599 consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
600 close of the public hearing held in accordance with Subsection (5)(b).
601 (5) The legislative body of each municipality intending to annex an area under this
602 section shall:
603 (a) adopt a resolution indicating the municipal legislative body's intent to annex the
604 area, describing the area proposed to be annexed; and
605 (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
606 adoption of the resolution described in Subsection (5)(a).
607 (6) A legislative body described in Subsection (5) shall publish notice of a public
608 hearing described in Subsection (5)(b):
609 (a) (i) at least once a week for three successive weeks before the public hearing in a
610 newspaper of general circulation within the municipality and the area proposed for annexation;
611 (ii) if there is no newspaper of general circulation in the combined area described in
612 Subsection (6)(a)(i), at least three weeks before the day of the public hearing, by posting one
613 notice, and at least one additional notice per 2,000 population in the combined area, in places
614 within the combined area that are most likely to give notice to the residents within, and the
615 owners of real property located within, the combined area; or
616 (iii) at least three weeks before the day of the public hearing, by mailing notice to each
617 residence within, and each owner of real property located within, the combined area described
618 in Subsection (6)(a)(i);
619 (b) on the Utah Public Notice Website created in Section [
620 three weeks before the day of the public hearing;
621 (c) in accordance with Section 45-1-101, for three weeks before the day of the public
622 hearing;
623 (d) by sending written notice to:
624 (i) the board of each local district and special service district whose boundaries contain
625 some or all of the area proposed for annexation; and
626 (ii) the legislative body of the county in which the area proposed for annexation is
627 located; and
628 (e) if the municipality has a website, on the municipality's website for three weeks
629 before the day of the public hearing.
630 (7) The legislative body of the annexing municipality shall ensure that:
631 (a) each notice described in Subsection (6):
632 (i) states that the municipal legislative body has adopted a resolution indicating its
633 intent to annex the area proposed for annexation;
634 (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
635 (iii) describes the area proposed for annexation; and
636 (iv) except for an annexation that meets the property owner consent requirements of
637 Subsection (8)(b) or the recommendation of annexation requirements of Subsection (8)(c),
638 states in conspicuous and plain terms that the municipal legislative body will annex the area
639 unless, at or before the public hearing described in Subsection (5)(b), written protests to the
640 annexation are filed by the owners of private real property that:
641 (A) is located within the area proposed for annexation;
642 (B) covers a majority of the total private land area within the entire area proposed for
643 annexation; and
644 (C) is equal in value to at least 1/2 the value of all private real property within the
645 entire area proposed for annexation; and
646 (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
647 days after the day on which the municipal legislative body adopts a resolution under Subsection
648 (5)(a).
649 (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
650 public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
651 ordinance approving the annexation of the area proposed for annexation under this section
652 unless, at or before the hearing, written protests to the annexation have been filed with the
653 recorder or clerk of the municipality by the owners of private real property that:
654 (i) is located within the area proposed for annexation;
655 (ii) covers a majority of the total private land area within the entire area proposed for
656 annexation; and
657 (iii) is equal in value to at least 1/2 the value of all private real property within the
658 entire area proposed for annexation.
659 (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
660 described in Subsection (5)(b), a municipality may adopt an ordinance approving the
661 annexation of the area proposed for annexation under this section without allowing or
662 considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
663 land area within the entire area proposed for annexation, representing at least 75% of the value
664 of the private real property within the entire area proposed for annexation, have consented in
665 writing to the annexation.
666 (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
667 ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
668 validly annexed.
669 (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
670 described in Subsection (5)(b), a municipality may adopt an ordinance approving the
671 annexation of an area that the county legislative body proposes for annexation under this
672 section without allowing or considering protests under Subsection (8)(a) if the county
673 legislative body has formally recommended annexation to the annexing municipality and has
674 made a formal finding that:
675 (A) the area to be annexed can be more efficiently served by the municipality than by
676 the county;
677 (B) the area to be annexed is not likely to be naturally annexed by the municipality in
678 the future as the result of urban development;
679 (C) annexation of the area is likely to facilitate the consolidation of overlapping
680 functions of local government; and
681 (D) annexation of the area is likely to result in an equitable distribution of community
682 resources and obligations.
683 (ii) The county legislative body may base the finding required in Subsection
684 (8)(c)(i)(B) on:
685 (A) existing development in the area;
686 (B) natural or other conditions that may limit the future development of the area; or
687 (C) other factors that the county legislative body considers relevant.
688 (iii) A county legislative body may make the recommendation for annexation required
689 in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
690 information provided at the public hearing, the county legislative body makes a formal finding
691 that it would be equitable to leave a portion of the island unincorporated.
692 (iv) If a county legislative body has made a recommendation of annexation under
693 Subsection (8)(c)(i):
694 (A) the relevant municipality is not required to proceed with the recommended
695 annexation; and
696 (B) if the relevant municipality proceeds with annexation, the municipality shall annex
697 the entire area that the county legislative body recommended for annexation.
698 (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
699 ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
700 validly annexed.
701 (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
702 filed that comply with Subsection (8)(a), the municipal legislative body may not adopt an
703 ordinance approving the annexation of the area proposed for annexation, and the annexation
704 proceedings under this section shall be considered terminated.
705 (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
706 from a proposed annexation under Subsection (2)(b) the property within an unincorporated
707 island regarding which protests have been filed and proceeding under Subsection (3) to annex
708 some or all of the remaining portion of the unincorporated island.
709 Section 9. Section 10-2-419 is amended to read:
710 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
711 (1) The legislative bodies of two or more municipalities having common boundaries
712 may adjust their common boundaries as provided in this section.
713 (2) The legislative body of each municipality intending to adjust a boundary that is
714 common with another municipality shall:
715 (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
716 common boundary; and
717 (b) hold a public hearing on the proposed adjustment no less than 60 days after the
718 adoption of the resolution under Subsection (2)(a).
719 (3) A legislative body described in Subsection (2) shall publish notice of a public
720 hearing described in Subsection (2)(b):
721 (a) (i) at least once a week for three successive weeks before the public hearing in a
722 newspaper of general circulation within the municipality;
723 (ii) if there is no newspaper of general circulation within the municipality, at least three
724 weeks before the day of the public hearing, by posting one notice, and at least one additional
725 notice per 2,000 population of the municipality, in places within the municipality that are most
726 likely to give notice to residents of the municipality; or
727 (iii) at least three weeks before the day of the public hearing, by mailing notice to each
728 residence in the municipality;
729 (b) on the Utah Public Notice Website created in Section [
730 three weeks before the day of the public hearing;
731 (c) in accordance with Section 45-1-101, for three weeks before the day of the public
732 hearing;
733 (d) if the proposed boundary adjustment may cause any part of real property owned by
734 the state to be within the geographic boundary of a different local governmental entity than
735 before the adjustment, by providing written notice, at least 50 days before the day of the public
736 hearing, to:
737 (i) the title holder of any state-owned real property described in this Subsection (3)(d);
738 and
739 (ii) the Utah State Developmental Center Board, created under Section 62A-5-202, if
740 any state-owned real property described in this Subsection (3)(d) is associated with the Utah
741 State Developmental Center; and
742 (e) if the municipality has a website, on the municipality's website for three weeks
743 before the day of the public hearing.
744 (4) The notice described in Subsection (3) shall:
745 (a) state that the municipal legislative body has adopted a resolution indicating the
746 municipal legislative body's intent to adjust a boundary that the municipality has in common
747 with another municipality;
748 (b) describe the area proposed to be adjusted;
749 (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
750 (d) state in conspicuous and plain terms that the municipal legislative body will adjust
751 the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
752 protest to the adjustment is filed by:
753 (i) an owner of private real property that:
754 (A) is located within the area proposed for adjustment;
755 (B) covers at least 25% of the total private land area within the area proposed for
756 adjustment; and
757 (C) is equal in value to at least 15% of the value of all private real property within the
758 area proposed for adjustment; or
759 (ii) a title holder of state-owned real property described in Subsection (3)(d);
760 (e) state that the area that is the subject of the boundary adjustment will, because of the
761 boundary adjustment, be automatically annexed to a local district providing fire protection,
762 paramedic, and emergency services or a local district providing law enforcement service, as the
763 case may be, as provided in Section 17B-1-416, if:
764 (i) the municipality to which the area is being added because of the boundary
765 adjustment is entirely within the boundaries of a local district:
766 (A) that provides fire protection, paramedic, and emergency services or law
767 enforcement service, respectively; and
768 (B) in the creation of which an election was not required because of Subsection
769 17B-1-214(3)(c); and
770 (ii) the municipality from which the area is being taken because of the boundary
771 adjustment is not within the boundaries of the local district; and
772 (f) state that the area proposed for annexation to the municipality will be automatically
773 withdrawn from a local district providing fire protection, paramedic, and emergency services,
774 as provided in Subsection 17B-1-502(2), if:
775 (i) the municipality to which the area is being added because of the boundary
776 adjustment is not within the boundaries of a local district:
777 (A) that provides fire protection, paramedic, and emergency services; and
778 (B) in the creation of which an election was not required because of Subsection
779 17B-1-214(3)(c); and
780 (ii) the municipality from which the area is being taken because of the boundary
781 adjustment is entirely within the boundaries of the local district.
782 (5) The first publication of the notice described in Subsection (3)(a)(i) shall be within
783 14 days after the day on which the municipal legislative body adopts a resolution under
784 Subsection (2)(a).
785 (6) Upon conclusion of the public hearing described in Subsection (2)(b), the
786 municipal legislative body may adopt an ordinance approving the adjustment of the common
787 boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
788 adjustment is filed with the city recorder or town clerk by a person described in Subsection
789 (3)(d)(i) or (ii).
790 (7) The municipal legislative body shall comply with the requirements of Section
791 10-2-425 as if the boundary adjustment were an annexation.
792 (8) (a) An ordinance adopted under Subsection (6) becomes effective when each
793 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
794 (6).
795 (b) The effective date of a boundary adjustment under this section is governed by
796 Section 10-2-425.
797 Section 10. Section 10-2-501 is amended to read:
798 10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
799 Requirements upon filing request.
800 (1) As used in this part "petitioner" means:
801 (a) one or more persons who:
802 (i) own title to real property within the area proposed for disconnection; and
803 (ii) sign a request for disconnection proposing to disconnect the area proposed for
804 disconnection from the municipality; or
805 (b) the mayor of the municipality within which the area proposed for disconnection is
806 located who signs a request for disconnection proposing to disconnect the area proposed for
807 disconnection from the municipality.
808 (2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
809 municipality shall file with that municipality's legislative body a request for disconnection.
810 (b) Each request for disconnection shall:
811 (i) contain the names, addresses, and signatures of the owners of more than 50% of any
812 private real property in the area proposed for disconnection;
813 (ii) give the reasons for the proposed disconnection;
814 (iii) include a map or plat of the territory proposed for disconnection; and
815 (iv) designate between one and five persons with authority to act on the petitioner's
816 behalf in the proceedings.
817 (3) Upon filing the request for disconnection, the petitioner shall publish notice of the
818 request:
819 (a) (i) once a week for three consecutive weeks before the public hearing described in
820 Section 10-2-502.5 in a newspaper of general circulation within the municipality;
821 (ii) if there is no newspaper of general circulation in the municipality, at least three
822 weeks before the day of the public hearing described in Section 10-2-502.5, by posting one
823 notice, and at least one additional notice per 2,000 population of the municipality, in places
824 within the municipality that are most likely to give notice to the residents within, and the
825 owners of real property located within, the municipality, including the residents who live in the
826 area proposed for disconnection; or
827 (iii) at least three weeks before the day of the public hearing described in Section
828 10-2-502.5, by mailing notice to each residence within, and each owner of real property located
829 within, the municipality;
830 (b) on the Utah Public Notice Website created in Section [
831 three weeks before the day of the public hearing described in Section 10-2-502.5;
832 (c) in accordance with Section 45-1-101, for three weeks before the day of the public
833 hearing described in Section 10-2-502.5;
834 (d) by mailing notice to each owner of real property located within the area proposed to
835 be disconnected;
836 (e) by delivering a copy of the request to the legislative body of the county in which the
837 area proposed for disconnection is located; and
838 (f) if the municipality has a website, on the municipality's website for three weeks
839 before the day of the public hearing.
840 Section 11. Section 10-2-502.5 is amended to read:
841 10-2-502.5. Hearing on request for disconnection -- Determination by municipal
842 legislative body -- Petition in district court.
843 (1) No sooner than seven calendar days after, and no later than 30 calendar days after,
844 the last day on which the petitioner publishes the notice required under Subsection
845 10-2-501(3)(a), the legislative body of the municipality in which the area proposed for
846 disconnection is located shall hold a public hearing.
847 (2) The municipal legislative body shall provide notice of the public hearing:
848 (a) at least seven days before the hearing date, in writing to the petitioner and to the
849 legislative body of the county in which the area proposed for disconnection is located;
850 (b) (i) at least seven days before the hearing date, by publishing notice in a newspaper
851 of general circulation within the municipality;
852 (ii) if there is no newspaper of general circulation within the municipality, at least
853 seven days before the hearing date, by posting one notice, and at least one additional notice per
854 2,000 population of the municipality, in places within the municipality that are most likely to
855 give notice to residents within, and the owners of real property located within, the municipality;
856 or
857 (iii) at least 10 days before the hearing date, by mailing notice to each residence within,
858 and each owner of real property located within, the municipality;
859 (c) on the Utah Public Notice Website created in Section [
860 seven days before the hearing date;
861 (d) in accordance with Section 45-1-101, for seven days before the hearing date; and
862 (e) if the municipality has a website, on the municipality's website for seven days
863 before the hearing date.
864 (3) In the public hearing, any person may speak and submit documents regarding the
865 disconnection proposal.
866 (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
867 (a) determine whether to grant the request for disconnection; and
868 (b) if the municipality determines to grant the request, adopt an ordinance approving
869 disconnection of the area from the municipality.
870 (5) (a) A petition against the municipality challenging the municipal legislative body's
871 determination under Subsection (4) may be filed in district court by:
872 (i) the petitioner; or
873 (ii) the county in which the area proposed for disconnection is located.
874 (b) Each petition under Subsection (5)(a) shall include a copy of the request for
875 disconnection.
876 Section 12. Section 10-2-607 is amended to read:
877 10-2-607. Notice of election.
878 If the county legislative bodies find that the resolution or petition for consolidation and
879 their attachments substantially conform with the requirements of this part, the county
880 legislative bodies shall publish notice of the election for consolidation to the voters of each
881 municipality that would become part of the consolidated municipality:
882 (1) (a) in a newspaper of general circulation within the boundaries of the municipality
883 at least once a week for four consecutive weeks before the election;
884 (b) if there is no newspaper of general circulation in the municipality, at least four
885 weeks before the day of the election, by posting one notice, and at least one additional notice
886 per 2,000 population of the municipality, in places within the municipality that are most likely
887 to give notice to the voters in the municipality; or
888 (c) at least four weeks before the day of the election, by mailing notice to each
889 registered voter in the municipality;
890 (2) on the Utah Public Notice Website created in Section [
891 at least four weeks before the day of the election;
892 (3) in accordance with Section 45-1-101, for at least four weeks before the day of the
893 election; and
894 (4) if the municipality has a website, on the municipality's website for at least four
895 weeks before the day of the election.
896 Section 13. Section 10-2-703 is amended to read:
897 10-2-703. Publication of notice of election.
898 (1) Immediately after setting the date for the election, the court shall order for
899 publication notice of the:
900 (a) petition; and
901 (b) date the election is to be held to determine the question of dissolution.
902 (2) The notice described in Subsection (1) shall be published:
903 (a) (i) for at least once a week for a period of four weeks before the election in a
904 newspaper of general circulation in the municipality;
905 (ii) if there is no newspaper of general circulation in the municipality, at least four
906 weeks before the day of the election, by posting one notice, and at least one additional notice
907 per 2,000 population of the municipality, in places within the municipality that are most likely
908 to give notice to the voters in the municipality; or
909 (iii) at least one month before the day of the election, by mailing notice to each
910 registered voter in the municipality;
911 (b) on the Utah Public Notice Website created in Section [
912 four weeks before the day of the election;
913 (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
914 and
915 (d) if the municipality has a website, on the municipality's website for four weeks
916 before the day of the election.
917 Section 14. Section 10-2-708 is amended to read:
918 10-2-708. Notice of disincorporation -- Publication and filing.
919 When a municipality has been dissolved, the clerk of the court shall publish notice of
920 the dissolution:
921 (1) (a) in a newspaper of general circulation in the county in which the municipality is
922 located at least once a week for four consecutive weeks;
923 (b) if there is no newspaper of general circulation in the county in which the
924 municipality is located, by posting one notice, and at least one additional notice per 2,000
925 population of the county in places within the county that are most likely to give notice to the
926 residents within, and the owners of real property located within, the county, including the
927 residents and owners within the municipality that is dissolved; or
928 (c) by mailing notice to each residence within, and each owner of real property located
929 within, the county;
930 (2) on the Utah Public Notice Website created in Section [
931 four weeks;
932 (3) in accordance with Section 45-1-101, for four weeks; and
933 (4) on the county's website for four weeks.
934 Section 15. Section 10-2a-207 is amended to read:
935 10-2a-207. Public hearings on feasibility study results -- Notice of hearings.
936 (1) If the results of the feasibility study or supplemental feasibility study comply with
937 Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the
938 feasibility study or supplemental feasibility study, conduct at least two public hearings:
939 (a) within 60 days after the day on which the lieutenant governor receives the results;
940 (b) at least seven days apart;
941 (c) except in a proposed municipality that will be a city of the fifth class or a town, in
942 geographically diverse locations;
943 (d) within or near the proposed municipality;
944 (e) to allow the feasibility consultant to present the results of the feasibility study; and
945 (f) to inform the public about the results of the feasibility study.
946 (2) At each public hearing described in Subsection (1), the lieutenant governor shall:
947 (a) provide a map or plat of the boundary of the proposed municipality;
948 (b) provide a copy of the feasibility study for public review;
949 (c) allow members of the public to express views about the proposed incorporation,
950 including views about the proposed boundaries; and
951 (d) allow the public to ask the feasibility consultant questions about the feasibility
952 study.
953 (3) The lieutenant governor shall publish notice of the public hearings described in
954 Subsection (1):
955 (a) (i) at least once a week for three consecutive weeks before the first public hearing
956 in a newspaper of general circulation within the proposed municipality;
957 (ii) if there is no newspaper of general circulation in the proposed municipality, at least
958 three weeks before the day of the first public hearing, by posting one notice, and at least one
959 additional notice per 2,000 population of the proposed municipality, in places within the
960 proposed municipality that are most likely to give notice to the residents within, and the owners
961 of real property located within, the proposed municipality; or
962 (iii) at least three weeks before the first public hearing, by mailing notice to each
963 residence within, and each owner of real property located within, the proposed municipality;
964 (b) on the Utah Public Notice Website created in Section [
965 three weeks before the day of the first public hearing;
966 (c) in accordance with Section 45-1-101, for three weeks before the day of the first
967 public hearing; and
968 (d) on the lieutenant governor's website for three weeks before the day of the first
969 public hearing.
970 (4) The last notice required to be published under Subsection (3)(a)(i) shall be at least
971 three days before the first public hearing required under Subsection (1).
972 (5) (a) Except as provided in Subsection (5)(b), the notice described in Subsection (3)
973 shall include the feasibility study summary described in Subsection 10-2a-205(3)(c) and shall
974 indicate that a full copy of the study is available on the lieutenant governor's website and for
975 inspection at the Office of the Lieutenant Governor.
976 (b) Instead of publishing the feasability summary under Subsection (5)(a), the
977 lieutenant governor may publish a statement that specifies the following sources where a
978 resident within, or the owner of real property located within, the proposed municipality, may
979 view or obtain a copy of the feasability study:
980 (i) the lieutenant governor's website;
981 (ii) the physical address of the Office of the Lieutenant Governor; and
982 (iii) a mailing address and telephone number.
983 Section 16. Section 10-2a-210 is amended to read:
984 10-2a-210. Incorporation election.
985 (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
986 the lieutenant governor shall schedule an incorporation election for the proposed municipality
987 described in the petition to be held on the date of the next regular general election described in
988 Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
989 is at least 65 days after the day on which the lieutenant governor certifies the petition.
990 (b)(i) The lieutenant governor shall direct the county legislative body of the county in
991 which the proposed municipality is located to hold the election on the date that the lieutenant
992 governor schedules under Subsection (1)(a).
993 (ii) The county shall hold the election as directed by the lieutenant governor under
994 Subsection (1)(b)(i).
995 (2) The county clerk shall publish notice of the election:
996 (a) (i) in a newspaper of general circulation within the area proposed to be incorporated
997 at least once a week for three successive weeks before the election;
998 (ii) if there is no newspaper of general circulation in the area proposed to be
999 incorporated, at least three weeks before the day of the election, by posting one notice, and at
1000 least one additional notice per 2,000 population of the area proposed to be incorporated, in
1001 places within the area proposed to be incorporated that are most likely to give notice to the
1002 voters within the area proposed to be incorporated; or
1003 (iii) at least three weeks before the day of the election, by mailing notice to each
1004 registered voter in the area proposed to be incorporated;
1005 (b) on the Utah Public Notice Website created in Section [
1006 three weeks before the day of the election;
1007 (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
1008 and
1009 (d) on the county's website for three weeks before the day of the election.
1010 (3) (a) The notice required by Subsection (2) shall contain:
1011 (i) a statement of the contents of the petition;
1012 (ii) a description of the area proposed to be incorporated as a municipality;
1013 (iii) a statement of the date and time of the election and the location of polling places;
1014 and
1015 (iv) except as provided in Subsection (3)(c), the feasibility study summary described in
1016 Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1017 lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1018 (b) The last notice required to be published under Subsection (2)(a)(i) shall be
1019 published at least one day, but no more than seven days, before the day of the election.
1020 (c) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the notice
1021 may include a statement that specifies the following sources where a registered voter in area
1022 proposed to be incorporated may view or obtain a copy the feasibility study:
1023 (i) the lieutenant governor's website;
1024 (ii) the physical address of the Office of the Lieutenant Governor; and
1025 (iii) a mailing address and telephone number.
1026 (4) An individual may not vote in an incorporation election under this section unless
1027 the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1028 boundaries of the proposed municipality.
1029 (5) If a majority of those who vote in an incorporation election held under this section
1030 cast votes in favor of incorporation, the area shall incorporate.
1031 Section 17. Section 10-2a-213 is amended to read:
1032 10-2a-213. Determination of number of council members -- Determination of
1033 election districts -- Hearings and notice.
1034 (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1035 after the day on which the county conducts the canvass of the election under Section
1036 10-2a-212:
1037 (a) for the incorporation of a city:
1038 (i) if the voters at the incorporation election choose the council-mayor form of
1039 government, determine the number of council members that will constitute the city council of
1040 the city; and
1041 (ii) if the voters at the incorporation election vote to elect council members by district,
1042 determine the number of council members to be elected by district and draw the boundaries of
1043 those districts, which shall be substantially equal in population; and
1044 (b) for the incorporation of any municipality:
1045 (i) determine the initial terms of the mayor and members of the municipal council so
1046 that:
1047 (A) the mayor and approximately half the members of the municipal council are
1048 elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1049 successors to serve a full four-year term that coincides with the schedule established in
1050 Subsection 10-3-205(1); and
1051 (B) the remaining members of the municipal council are elected to serve an initial
1052 term, of no less than one year, that allows the members' successors to serve a full four-year
1053 term that coincides with the schedule established in Subsection 10-3-205(2); and
1054 (ii) submit in writing to the county legislative body the results of the determinations
1055 made by the sponsors under Subsections (1)(a) and (b)(i).
1056 (2) A newly incorporated town shall operate under the five-member council form of
1057 government as defined in Section 10-3b-102.
1058 (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1059 sponsors shall hold a public hearing within the future municipality on the applicable issues
1060 described in Subsections (1)(a) and (b)(i).
1061 (4) The petition sponsors shall publish notice of the public hearing described in
1062 Subsection (3):
1063 (a) (i) in a newspaper of general circulation within the future municipality at least once
1064 a week for two successive weeks before the public hearing;
1065 (ii) if there is no newspaper of general circulation in the future municipality, at least
1066 two weeks before the day of the public hearing, by posting one notice, and at least one
1067 additional notice per 2,000 population of the future municipality, in places within the future
1068 municipality that are most likely to give notice to the residents within, and the owners of real
1069 property located within, the future municipality; or
1070 (iii) at least two weeks before the day of the public hearing, by mailing notice to each
1071 residence within, and each owner of real property located within, the future municipality;
1072 (b) on the Utah Public Notice Website created in Section [
1073 two weeks before the day of the public hearing;
1074 (c) in accordance with Section 45-1-101, for at least two weeks before the day of the
1075 public hearing; and
1076 (d) on the county's website for two weeks before the day of the public hearing.
1077 (5) The last notice required to be published under Subsection (4)(a)(i) shall be
1078 published at least three days before the day of the public hearing described in Subsection (3).
1079 Section 18. Section 10-2a-214 is amended to read:
1080 10-2a-214. Notice of number of commission or council members to be elected and
1081 of district boundaries -- Declaration of candidacy for municipal office.
1082 (1) Within 20 days after the day on which a county legislative body receives the
1083 petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1084 publish, in accordance with Subsection (2), notice containing:
1085 (a) the number of municipal council members to be elected for the new municipality;
1086 (b) except as provided in Subsection (3), if some or all of the municipal council
1087 members are to be elected by district, a description of the boundaries of those districts;
1088 (c) information about the deadline for an individual to file a declaration of candidacy to
1089 become a candidate for mayor or municipal council; and
1090 (d) information about the length of the initial term of each of the municipal officers.
1091 (2) The county clerk shall publish the notice described in Subsection (1):
1092 (a) (i) in a newspaper of general circulation within the future at least once a week for
1093 two consecutive weeks;
1094 (ii) if there is no newspaper of general circulation in the future municipality, by posting
1095 one notice, and at least one additional notice per 2,000 population of the future municipality, in
1096 places within the future municipality that are most likely to give notice to the residents in the
1097 future municipality; or
1098 (iii) by mailing notice to each residence in the future municipality;
1099 (b) on the Utah Public Notice Website created in Section [
1100 two weeks;
1101 (c) in accordance with Section 45-1-101, for two weeks; and
1102 (d) on the county's website for two weeks.
1103 (3) Instead of publishing the district boundaries described in Subsection (1)(b), the
1104 notice may include a statement that specifies the following sources where a resident of the
1105 future municipality may view or obtain a copy the district:
1106 (a) the county website;
1107 (b) the physical address of the county offices; and
1108 (c) a mailing address and telephone number.
1109 (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1110 candidate for mayor or municipal council of a municipality incorporating under this part shall
1111 file a declaration of candidacy with the clerk of the county in which the future municipality is
1112 located and in accordance with:
1113 (a) for an incorporation held on the date of a regular general election, the deadlines for
1114 filing a declaration of candidacy under Section 20A-9-202; or
1115 (b) for an incorporation held on the date of a municipal general election, the deadlines
1116 for filing a declaration of candidacy under Section 20A-9-203.
1117 Section 19. Section 10-2a-215 is amended to read:
1118 10-2a-215. Election of officers of new municipality -- Primary and final election
1119 dates -- County clerk duties -- Candidate duties -- Occupation of office.
1120 (1) For the election of municipal officers, the county legislative body shall:
1121 (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1122 primary election; and
1123 (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1124 final election.
1125 (2) Each election described in Subsection (1) shall be held:
1126 (a) consistent with the petition sponsors' determination of the length of each council
1127 member's initial term; and
1128 (b) for the incorporation of a city:
1129 (i) appropriate to the form of government chosen by the voters at the incorporation
1130 election;
1131 (ii) consistent with the voters' decision about whether to elect city council members by
1132 district and, if applicable, consistent with the boundaries of those districts as determined by the
1133 petition sponsors; and
1134 (iii) consistent with the sponsors' determination of the number of city council members
1135 to be elected.
1136 (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1137 the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1138 (i) regular primary election described in Subsection 20A-1-201.5(1); or
1139 (ii) municipal primary election described in Section 20A-9-404.
1140 (b) The county shall hold the primary election, if necessary, on the next election date
1141 described in Subsection (3)(a) that is after the incorporation election conducted under Section
1142 10-2a-210.
1143 (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1144 Subsection (1)(b):
1145 (i) on the following election date that next follows the date of the incorporation
1146 election held under Subsection 10-2a-210(1)(a);
1147 (ii) a regular general election described in Section 20A-1-201; or
1148 (iii) a regular municipal general election under Section 20A-1-202.
1149 (b) The county shall hold the final election on the earliest of the next election date that
1150 is listed in Subsection (4)(a)(i), (ii), or (iii):
1151 (i) that is after a primary election; or
1152 (ii) if there is no primary election, that is at least:
1153 (A) 75 days after the incorporation election under Section 10-2a-210; and
1154 (B) 65 days after the candidate filing period.
1155 (5) The county clerk shall publish notice of an election under this section:
1156 (a) (i) in accordance with Subsection (6), at least once a week for two consecutive
1157 weeks before the election in a newspaper of general circulation within the future municipality;
1158 (ii) if there is no newspaper of general circulation in the future municipality, at least
1159 two weeks before the day of the election, by posting one notice, and at least one additional
1160 notice per 2,000 population of the future municipality, in places within the future municipality
1161 that are most likely to give notice to the voters within the future municipality; or
1162 (iii) at least two weeks before the day of the election, by mailing notice to each
1163 registered voter within the future municipality;
1164 (b) on the Utah Public Notice Website created in Section [
1165 two weeks before the day of the election;
1166 (c) in accordance with Section 45-1-101, for two weeks before the day of the election;
1167 and
1168 (d) on the county's website for two weeks before the day of the election.
1169 (6) The last notice required to be published under Subsection (5)(a)(i) shall be
1170 published at least one day but no more than seven days before the day of the election.
1171 (7) Until the municipality is incorporated, the county clerk:
1172 (a) is the election officer for all purposes related to the election of municipal officers;
1173 (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1174 related to the election of municipal officers for a new municipality that are not otherwise
1175 contrary to law;
1176 (c) shall require and determine deadlines for municipal office candidates to file
1177 campaign financial disclosures in accordance with Section 10-3-208; and
1178 (d) shall ensure that the ballot for the election includes each office that is required to be
1179 included in the election for officers of the newly incorporated municipality, including the term
1180 of each office.
1181 (8) An individual who has filed as a candidate for an office described in this section
1182 shall comply with:
1183 (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1184 (b) the requirements and deadlines established by the county clerk under this section.
1185 (9) Notwithstanding Section 10-3-201, the officers elected at a final election described
1186 in Subsection (4)(a) shall take office:
1187 (a) after taking the oath of office; and
1188 (b) at noon on the first Monday following the day on which the election official
1189 transmits a certificate of nomination or election under the officer's seal to each elected
1190 candidate in accordance with Subsection 20A-4-304(4)(b).
1191 Section 20. Section 10-2a-405 is amended to read:
1192 10-2a-405. Duties of county legislative body -- Public hearing -- Notice -- Other
1193 election and incorporation issues -- Rural real property excluded.
1194 (1) The legislative body of a county of the first class shall before an election described
1195 in Section 10-2a-404:
1196 (a) in accordance with Subsection (3), publish notice of the public hearing described in
1197 Subsection (1)(b);
1198 (b) hold a public hearing; and
1199 (c) at the public hearing, adopt a resolution:
1200 (i) identifying, including a map prepared by the county surveyor, all unincorporated
1201 islands within the county;
1202 (ii) identifying each eligible city that will annex each unincorporated island, including
1203 whether the unincorporated island may be annexed by one eligible city or divided and annexed
1204 by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1205 and
1206 (iii) identifying, including a map prepared by the county surveyor, the planning
1207 townships within the county and any changes to the boundaries of a planning township that the
1208 county legislative body proposes under Subsection (5).
1209 (2) The county legislative body shall exclude from a resolution adopted under
1210 Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1211 consent to include the property in accordance with Subsection (7).
1212 (3) (a) The county clerk shall publish notice of the public hearing described in
1213 Subsection (1)(b):
1214 (i) by mailing notice to each owner of real property located in an unincorporated island
1215 or planning township no later than 15 days before the day of the public hearing;
1216 (ii) at least once a week for three successive weeks in a newspaper of general
1217 circulation within each unincorporated island, each eligible city, and each planning township;
1218 and
1219 (iii) on the Utah Public Notice Website created in Section [
1220 for three weeks before the day of the public hearing.
1221 (b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
1222 three days before the first public hearing required under Subsection (1)(b).
1223 (c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
1224 within an unincorporated island, an eligible city, or a planning township, the county clerk shall
1225 post at least one notice of the hearing per 1,000 population in conspicuous places within the
1226 selected unincorporated island, eligible city, or planning township, as applicable, that are most
1227 likely to give notice of the hearing to the residents of the unincorporated island, eligible city, or
1228 planning township.
1229 (ii) The clerk shall post the notices under Subsection (3)(c)(i) at least seven days before
1230 the hearing under Subsection (1)(b).
1231 (d) The notice under Subsection (3)(a) or (c) shall include:
1232 (i) (A) for a resident of an unincorporated island, a statement that the property in the
1233 unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1234 an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1235 the eligible city or cities; or
1236 (B) for residents of a planning township, a statement that the property in the planning
1237 township shall be, pending the results of the election held under Section 10-2a-404,
1238 incorporated as a city, town, or metro township;
1239 (ii) the location and time of the public hearing; and
1240 (iii) the county website where a map may be accessed showing:
1241 (A) how the unincorporated island boundaries will change if annexed by an eligible
1242 city; or
1243 (B) how the planning township area boundaries will change, if applicable under
1244 Subsection (5), when the planning township incorporates as a metro township or as a city or
1245 town.
1246 (e) The county clerk shall publish a map described in Subsection (3)(d)(iii) on the
1247 county website.
1248 (4) The county legislative body may, by ordinance or resolution adopted at a public
1249 meeting and in accordance with applicable law, resolve an issue that arises with an election
1250 held in accordance with this part or the incorporation and establishment of a metro township in
1251 accordance with this part.
1252 (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1253 meeting, change the boundaries of a planning township.
1254 (b) A change to a planning township boundary under this Subsection (5) is effective
1255 only upon the vote of the residents of the planning township at an election under Section
1256 10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1257 boundaries of the planning township before the election.
1258 (c) The county legislative body:
1259 (i) may alter a planning township boundary under Subsection (5)(a) only if the
1260 alteration:
1261 (A) affects less than 5% of the residents residing within the planning advisory area; and
1262 (B) does not increase the area located within the planning township's boundaries; and
1263 (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1264 surrounded by one or more municipalities.
1265 (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1266 annexation or an incorporation process that, if approved, would change the boundaries of a
1267 planning township.
1268 (7) (a) As used in this Subsection (7), "rural real property" means an area:
1269 (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
1270 (ii) that does not include residential units with a density greater than one unit per acre.
1271 (b) Unless an owner of rural real property gives written consent to a county legislative
1272 body, rural real property described in Subsection (7)(c) may not be:
1273 (i) included in a planning township identified under Subsection (1)(c); or
1274 (ii) incorporated as part of a metro township, city, or town, in accordance with this
1275 part.
1276 (c) The following rural real property is subject to an owner's written consent under
1277 Subsection (7)(b):
1278 (i) rural real property that consists of 1,500 or more contiguous acres of real property
1279 consisting of one or more tax parcels;
1280 (ii) rural real property that is not contiguous to, but used in connection with, rural real
1281 property that consists of 1,500 or more contiguous acres of real property consisting of one or
1282 more tax parcels;
1283 (iii) rural real property that is owned, managed, or controlled by a person, company, or
1284 association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1285 contiguous acres of rural real property consisting of one or more tax parcels; or
1286 (iv) rural real property that is located in whole or in part in one of the following as
1287 defined in Section 17-41-101:
1288 (A) an agricultural protection area;
1289 (B) an industrial protection area; or
1290 (C) a mining protection area.
1291 Section 21. Section 10-3-301 is amended to read:
1292 10-3-301. Notice -- Eligibility and residency requirements for elected municipal
1293 office -- Mayor and recorder limitations.
1294 (1) As used in this section:
1295 (a) "Absent" means that an elected municipal officer fails to perform official duties,
1296 including the officer's failure to attend each regularly scheduled meeting that the officer is
1297 required to attend.
1298 (b) "Principal place of residence" means the same as that term is defined in Section
1299 20A-2-105.
1300 (c) "Secondary residence" means a place where an individual resides other than the
1301 individual's principal place of residence.
1302 (2) (a) On or before May 1 in a year in which there is a municipal general election, the
1303 municipal clerk shall publish a notice that identifies:
1304 (i) the municipal offices to be voted on in the municipal general election; and
1305 (ii) the dates for filing a declaration of candidacy for the offices identified under
1306 Subsection (2)(a)(i).
1307 (b) The municipal clerk shall publish the notice described in Subsection (2)(a):
1308 (i) on the Utah Public Notice Website established by Section [
1309 and
1310 (ii) in at least one of the following ways:
1311 (A) at the principal office of the municipality;
1312 (B) in a newspaper of general circulation within the municipality at least once a week
1313 for two successive weeks in accordance with Section 45-1-101;
1314 (C) in a newsletter produced by the municipality;
1315 (D) on a website operated by the municipality; or
1316 (E) with a utility enterprise fund customer's bill.
1317 (3) (a) An individual who files a declaration of candidacy for a municipal office shall
1318 comply with the requirements described in Section 20A-9-203.
1319 (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
1320 each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
1321 Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
1322 (A) Saturday or Sunday; or
1323 (B) state holiday as listed in Section 63G-1-301.
1324 (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
1325 is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
1326 (3)(b)(i) without maintaining office hours by:
1327 (A) posting the recorder's or clerk's contact information, including a phone number and
1328 email address, on the recorder's or clerk's office door, the main door to the municipal offices,
1329 and, if available, on the municipal website; and
1330 (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
1331 via the contact information described in Subsection (2)(b)(ii)(A).
1332 (4) An individual elected to municipal office shall be a registered voter in the
1333 municipality in which the individual is elected.
1334 (5) (a) Each elected officer of a municipality shall maintain a principal place of
1335 residence within the municipality during the officer's term of office.
1336 (b) Except as provided in Subsection (6), an elected municipal office is automatically
1337 vacant if the officer elected to the municipal office, during the officer's term of office:
1338 (i) establishes a principal place of residence outside the municipality;
1339 (ii) resides at a secondary residence outside the municipality for a continuous period of
1340 more than 60 days while still maintaining a principal place of residence within the
1341 municipality;
1342 (iii) is absent from the municipality for a continuous period of more than 60 days; or
1343 (iv) fails to respond to a request, within 30 days after the day on which the elected
1344 officer receives the request, from the county clerk or the lieutenant governor seeking
1345 information to determine the officer's residency.
1346 (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
1347 consent of the municipal legislative body in accordance with Subsection (6)(b) before the
1348 expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
1349 (i) reside at a secondary residence outside the municipality while still maintaining a
1350 principal place of residence within the municipality for a continuous period of up to one year
1351 during the officer's term of office; or
1352 (ii) be absent from the municipality for a continuous period of up to one year during
1353 the officer's term of office.
1354 (b) At a public meeting, the municipal legislative body may give the consent described
1355 in Subsection (6)(a) by majority vote after taking public comment regarding:
1356 (i) whether the legislative body should give the consent; and
1357 (ii) the length of time to which the legislative body should consent.
1358 (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
1359 treasurer.
1360 (b) The recorder of a municipality may not also serve as the municipal treasurer.
1361 (c) An individual who holds a county elected office may not, at the same time, hold a
1362 municipal elected office.
1363 (d) The restriction described in Subsection (7)(c) applies regardless of whether the
1364 individual is elected to the office or appointed to fill a vacancy in the office.
1365 Section 22. Section 10-3-818 is amended to read:
1366 10-3-818. Salaries in municipalities.
1367 (1) The elective and statutory officers of municipalities shall receive such
1368 compensation for their services as the governing body may fix by ordinance adopting
1369 compensation or compensation schedules enacted after public hearing.
1370 (2) Upon its own motion the governing body may review or consider the compensation
1371 of any officer or officers of the municipality or a salary schedule applicable to any officer or
1372 officers of the city for the purpose of determining whether or not it should be adopted, changed,
1373 or amended. In the event that the governing body decides that the compensation or
1374 compensation schedules should be adopted, changed, or amended, it shall set a time and place
1375 for a public hearing at which all interested persons shall be given an opportunity to be heard.
1376 (3) (a) Notice of the time, place, and purpose of the meeting shall be published at least
1377 seven days before the meeting by publication:
1378 (i) at least once in a newspaper published in the county within which the municipality
1379 is situated and generally circulated in the municipality; and
1380 (ii) on the Utah Public Notice Website created in Section [
1381 (b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
1382 given by posting this notice in three public places in the municipality.
1383 (4) After the conclusion of the public hearing, the governing body may enact an
1384 ordinance fixing, changing, or amending the compensation of any elective or appointive officer
1385 of the municipality or adopting a compensation schedule applicable to any officer or officers.
1386 (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
1387 establishing a salary or compensation schedule for its elective or appointive officers and any
1388 salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
1389 municipality has enacted an ordinance pursuant to the provisions of this chapter.
1390 (6) The compensation of all municipal officers shall be paid at least monthly out of the
1391 municipal treasury provided that municipalities having 1,000 or fewer population may by
1392 ordinance provide for the payment of its statutory officers less frequently. None of the
1393 provisions of this chapter shall be considered as limiting or restricting the authority to any
1394 municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
1395 Section 5, to determine the salaries of its elective and appointive officers or employees.
1396 Section 23. Section 10-5-107.5 is amended to read:
1397 10-5-107.5. Transfer of enterprise fund money to another fund.
1398 (1) As used in this section:
1399 (a) "Budget hearing" means a public hearing required under Section 10-5-108.
1400 (b) "Enterprise fund accounting data" means a detailed overview of the various
1401 enterprise funds of the town that includes:
1402 (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1403 cover, as applicable:
1404 (A) administrative and overhead costs of the town attributable to the operation of the
1405 enterprise for which the enterprise fund was created; and
1406 (B) other costs not associated with the enterprise for which the enterprise fund was
1407 created; and
1408 (ii) specific enterprise fund information.
1409 (c) "Enterprise fund hearing" means the public hearing required under Subsection
1410 (3)(d).
1411 (d) "Specific enterprise fund information" means:
1412 (i) the dollar amount of transfers from an enterprise fund to another fund; and
1413 (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1414 to another fund.
1415 (2) Subject to the requirements of this section, a town may transfer money in an
1416 enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1417 that is not directly related to the goods or services provided by the enterprise for which the
1418 enterprise fund was created.
1419 (3) The governing body of a town that intends to transfer money in an enterprise fund
1420 to another fund shall:
1421 (a) provide notice of the intended transfer as required under Subsection (4);
1422 (b) clearly identify in a separate section or document accompanying the town's
1423 tentative budget or, if an amendment to the town's budget includes or is based on an intended
1424 transfer, in a separate section or document accompanying the amendment to the town's budget:
1425 (i) the enterprise fund from which money is intended to be transferred; and
1426 (ii) the specific enterprise fund information for that enterprise fund;
1427 (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1428 (d) hold an enterprise fund hearing before the adoption of the town's budget or, if
1429 applicable, the amendment to the budget.
1430 (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1431 shall:
1432 (i) provide the notice described in Subsection (4)(b) by:
1433 (A) mailing a copy of the notice to users of the goods or services provided by the
1434 enterprise for which the enterprise fund was created, if the town regularly mails users a
1435 periodic billing for the goods or services;
1436 (B) emailing a copy of the notice to users of the goods or services provided by the
1437 enterprise for which the enterprise fund was created, if the town regularly emails users a
1438 periodic billing for the goods or services;
1439 (C) posting the notice on the Utah Public Notice Website created in Section
1440 [
1441 (D) if the town has a website, prominently posting the notice on the town's website
1442 until the enterprise fund hearing is concluded; and
1443 (ii) if the town communicates with the public through a social media platform, publish
1444 notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1445 media platform.
1446 (b) The notice required under Subsection (4)(a)(i) shall:
1447 (i) explain the intended transfer of enterprise fund money to another fund;
1448 (ii) include specific enterprise fund information for each enterprise fund from which
1449 money is intended to be transferred;
1450 (iii) provide the date, time, and place of the enterprise fund hearing; and
1451 (iv) explain the purpose of the enterprise fund hearing.
1452 (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1453 hearing and any other public hearing.
1454 (b) At an enterprise fund hearing, the governing body shall:
1455 (i) explain the intended transfer of enterprise fund money to another fund;
1456 (ii) provide enterprise fund accounting data to the public; and
1457 (iii) allow members of the public in attendance at the hearing to comment on:
1458 (A) the intended transfer of enterprise fund money to another fund; and
1459 (B) the enterprise fund accounting data.
1460 (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
1461 based on a transfer of money from an enterprise fund to another fund, the governing body shall:
1462 (i) within 60 days after adopting the budget or budget amendment:
1463 (A) mail a notice to users of the goods or services provided by the enterprise for which
1464 the enterprise fund was created, if the town regularly mails users a periodic billing for the
1465 goods or services; and
1466 (B) email a notice to users of the goods or services provided by the enterprise for
1467 which the enterprise fund was created, if the town regularly emails users a periodic billing for
1468 the goods or services;
1469 (ii) within seven days after adopting the budget or budget amendment:
1470 (A) post enterprise fund accounting data on the town's website, if the town has a
1471 website;
1472 (B) using the town's social media platform, publish notice of the adoption of a budget
1473 or budget amendment that includes or is based on a transfer of money from an enterprise fund
1474 to another fund, if the town communicates with the public through a social media platform; and
1475 (iii) within 30 days after adopting the budget, submit to the state auditor the specific
1476 enterprise fund information for each enterprise fund from which money will be transferred.
1477 (b) A notice required under Subsection (6)(a)(i) shall:
1478 (i) announce the adoption of a budget or budget amendment that includes or is based
1479 on a transfer of money from an enterprise fund to another fund; and
1480 (ii) include the specific enterprise fund information.
1481 (c) The governing body shall maintain the website posting required under Subsection
1482 (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
1483 Section 24. Section 10-5-108 is amended to read:
1484 10-5-108. Budget hearing -- Notice -- Adjustments.
1485 (1) Prior to the adoption of the final budget or an amendment to a budget, a town
1486 council shall hold a public hearing to receive public comment.
1487 (2) The town council shall provide notice of the place, purpose, and time of the public
1488 hearing by publishing notice at least seven days before the hearing:
1489 (a) (i) at least once in a newspaper of general circulation in the town; or
1490 (ii) if there is no newspaper of general circulation, then by posting the notice in three
1491 public places at least 48 hours before the hearing;
1492 (b) on the Utah Public Notice Website created in Section [
1493 (c) on the home page of the website, either in full or as a link, of the town or metro
1494 township, if the town or metro township has a publicly viewable website, until the hearing
1495 takes place.
1496 (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
1497 expenditures and revenues in conformity with this chapter.
1498 Section 25. Section 10-6-113 is amended to read:
1499 10-6-113. Budget -- Notice of hearing to consider adoption.
1500 At the meeting at which each tentative budget is adopted, the governing body shall
1501 establish the time and place of a public hearing to consider its adoption and shall order that
1502 notice of the public hearing be published at least seven days prior to the hearing:
1503 (1) (a) in at least one issue of a newspaper of general circulation published in the
1504 county in which the city is located; or
1505 (b) if there is not a newspaper as described in Subsection (1)(a), in three public places
1506 within the city;
1507 (2) on the Utah Public Notice Website created in Section [
1508 (3) on the home page of the website, either in full or as a link, of the city or metro
1509 township, if the city or metro township has a publicly viewable website, until the hearing takes
1510 place.
1511 Section 26. Section 10-6-135.5 is amended to read:
1512 10-6-135.5. Transfer of enterprise fund money to another fund.
1513 (1) As used in this section:
1514 (a) "Budget hearing" means a public hearing required under Section 10-6-114.
1515 (b) "Enterprise fund accounting data" means a detailed overview of the various
1516 enterprise funds of the city that includes:
1517 (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1518 cover, as applicable:
1519 (A) administrative and overhead costs of the city attributable to the operation of the
1520 enterprise for which the enterprise fund was created; and
1521 (B) other costs not associated with the enterprise for which the enterprise fund was
1522 created; and
1523 (ii) specific enterprise fund information.
1524 (c) "Enterprise fund hearing" means the public hearing required under Subsection
1525 (3)(d).
1526 (d) "Specific enterprise fund information" means:
1527 (i) the dollar amount of transfers from an enterprise fund to another fund; and
1528 (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1529 to another fund.
1530 (2) Subject to the requirements of this section, a city may transfer money in an
1531 enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1532 that is not directly related to the goods or services provided by the enterprise for which the
1533 enterprise fund was created.
1534 (3) The governing body of a city that intends to transfer money in an enterprise fund to
1535 another fund shall:
1536 (a) provide notice of the intended transfer as required under Subsection (4);
1537 (b) clearly identify in a separate section or document accompanying the city's tentative
1538 budget or, if an amendment to the city's budget includes or is based on an intended transfer, in
1539 a separate section or document accompanying the amendment to the city's budget:
1540 (i) the enterprise fund from which money is intended to be transferred; and
1541 (ii) the specific enterprise fund information for that enterprise fund;
1542 (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1543 (d) hold an enterprise fund hearing before the adoption of the city's budget or, if
1544 applicable, the amendment to the budget.
1545 (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1546 shall:
1547 (i) provide the notice described in Subsection (4)(b) by:
1548 (A) mailing a copy of the notice to users of the goods or services provided by the
1549 enterprise for which the enterprise fund was created, if the city regularly mails users a periodic
1550 billing for the goods or services;
1551 (B) emailing a copy of the notice to users of the goods or services provided by the
1552 enterprise for which the enterprise fund was created, if the city regularly emails users a periodic
1553 billing for the goods or services;
1554 (C) posting the notice on the Utah Public Notice Website created in Section
1555 [
1556 (D) if the city has a website, prominently posting the notice on the city's website until
1557 the enterprise fund hearing is concluded; and
1558 (ii) if the city communicates with the public through a social media platform, publish
1559 notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1560 media platform.
1561 (b) The notice required under Subsection (4)(a)(i) shall:
1562 (i) explain the intended transfer of enterprise fund money to another fund;
1563 (ii) include specific enterprise fund information for each enterprise fund from which
1564 money is intended to be transferred;
1565 (iii) provide the date, time, and place of the enterprise fund hearing; and
1566 (iv) explain the purpose of the enterprise fund hearing.
1567 (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1568 hearing and any other public hearing.
1569 (b) At an enterprise fund hearing, the governing body shall:
1570 (i) explain the intended transfer of enterprise fund money to another fund;
1571 (ii) provide enterprise fund accounting data to the public; and
1572 (iii) allow members of the public in attendance at the hearing to comment on:
1573 (A) the intended transfer of enterprise fund money to another fund; and
1574 (B) the enterprise fund accounting data.
1575 (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
1576 based on a transfer of money from an enterprise fund to another fund, the governing body shall:
1577 (i) within 60 days after adopting the budget or budget amendment:
1578 (A) mail a notice to users of the goods or services provided by the enterprise for which
1579 the enterprise fund was created, if the city regularly mails users a periodic billing for the goods
1580 or services; and
1581 (B) email a notice to users of the goods or services provided by the enterprise for
1582 which the enterprise fund was created, if the city regularly emails users a periodic billing for
1583 the goods or services;
1584 (ii) within seven days after adopting the budget or budget amendment:
1585 (A) post enterprise fund accounting data on the city's website, if the city has a website;
1586 (B) using the city's social media platform, publish notice of the adoption of a budget or
1587 budget amendment that includes or is based on a transfer of money from an enterprise fund to
1588 another fund, if the city communicates with the public through a social media platform; and
1589 (iii) within 30 days after adopting the budget, submit to the state auditor the specific
1590 enterprise fund information for each enterprise fund from which money will be transferred.
1591 (b) A notice required under Subsection (6)(a)(i) shall:
1592 (i) announce the adoption of a budget or budget amendment that includes or is based
1593 on a transfer of money from an enterprise fund to another fund; and
1594 (ii) include the specific enterprise fund information.
1595 (c) The governing body shall maintain the website posting required under Subsection
1596 (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
1597 Section 27. Section 10-7-19 is amended to read:
1598 10-7-19. Election to authorize -- Notice -- Ballots.
1599 (1) Subject to Subsection (2), the board of commissioners or city council of any city, or
1600 the board of trustees of any incorporated town, may aid and encourage the building of railroads
1601 by granting to any railroad company, for depot or other railroad purposes, real property of the
1602 city or incorporated town, not necessary for municipal or public purposes, upon the limitations
1603 and conditions established by the board of commissioners, city council, or board of trustees.
1604 (2) A board of commissioners, city council, or board of trustees may not grant real
1605 property under Subsection (1) unless the grant is approved by the eligible voters of the city or
1606 town at the next municipal election, or at a special election called for that purpose by the board
1607 of commissioners, city council, or board of trustees.
1608 (3) If the question is submitted at a special election, the election shall be held as nearly
1609 as practicable in conformity with the general election laws of the state.
1610 (4) The board of commissioners, city council, or board of trustees shall publish notice
1611 of an election described in Subsections (2) and (3):
1612 (a) (i) in a newspaper of general circulation in the city or town once a week for four
1613 weeks before the election;
1614 (ii) if there is no newspaper of general circulation in the city or town, at least four
1615 weeks before the day of the election, by posting one notice, and at least one additional notice
1616 per 2,000 population of the city or town, in places within the city or town that are most likely to
1617 give notice to the voters in the city or town; or
1618 (iii) at least four weeks before the day of the election, by mailing notice to each
1619 registered voter in the city or town;
1620 (b) on the Utah Public Notice Website created in Section [
1621 four weeks before the day of the election;
1622 (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
1623 and
1624 (d) if the municipality has a website, on the municipality's website for at least four
1625 weeks before the day of the election.
1626 (5) The board of commissioners, city council, or board of trustees shall cause ballots to
1627 be printed and provided to the eligible voters, which shall read: "For the proposed grant for
1628 depot or other railroad purposes: Yes. No."
1629 (6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
1630 city council, or board of trustees shall convey the real property to the railroad company.
1631 Section 28. Section 10-8-2 is amended to read:
1632 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
1633 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
1634 (1) (a) A municipal legislative body may:
1635 (i) appropriate money for corporate purposes only;
1636 (ii) provide for payment of debts and expenses of the corporation;
1637 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
1638 dispose of real and personal property for the benefit of the municipality, whether the property is
1639 within or without the municipality's corporate boundaries, if the action is in the public interest
1640 and complies with other law;
1641 (iv) improve, protect, and do any other thing in relation to this property that an
1642 individual could do; and
1643 (v) subject to Subsection (2) and after first holding a public hearing, authorize
1644 municipal services or other nonmonetary assistance to be provided to or waive fees required to
1645 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
1646 (b) A municipality may:
1647 (i) furnish all necessary local public services within the municipality;
1648 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
1649 located and operating within and operated by the municipality; and
1650 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
1651 located inside or outside the corporate limits of the municipality and necessary for any of the
1652 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
1653 Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
1654 (c) Each municipality that intends to acquire property by eminent domain under
1655 Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
1656 (d) Subsection (1)(b) may not be construed to diminish any other authority a
1657 municipality may claim to have under the law to acquire by eminent domain property located
1658 inside or outside the municipality.
1659 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
1660 the provisions of Subsection (3).
1661 (b) The total amount of services or other nonmonetary assistance provided or fees
1662 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
1663 municipality's budget for that fiscal year.
1664 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
1665 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
1666 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
1667 subject to this Subsection (3).
1668 (a) The net value received for any money appropriated shall be measured on a
1669 project-by-project basis over the life of the project.
1670 (b) (i) A municipal legislative body shall establish the criteria for a determination
1671 under this Subsection (3).
1672 (ii) A municipal legislative body's determination of value received is presumed valid
1673 unless a person can show that the determination was arbitrary, capricious, or illegal.
1674 (c) The municipality may consider intangible benefits received by the municipality in
1675 determining net value received.
1676 (d) (i) Before the municipal legislative body makes any decision to appropriate any
1677 funds for a corporate purpose under this section, the municipal legislative body shall hold a
1678 public hearing.
1679 (ii) The municipal legislative body shall publish a notice of the hearing described in
1680 Subsection (3)(d)(i):
1681 (A) in a newspaper of general circulation at least 14 days before the date of the hearing
1682 or, if there is no newspaper of general circulation, by posting notice in at least three
1683 conspicuous places within the municipality for the same time period; and
1684 (B) on the Utah Public Notice Website created in Section [
1685 least 14 days before the date of the hearing.
1686 (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
1687 municipality shall perform a study that analyzes and demonstrates the purpose for an
1688 appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
1689 (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
1690 the municipality for review by interested parties at least 14 days immediately before the public
1691 hearing described in Subsection (3)(d)(i).
1692 (iii) A municipality shall consider the following factors when conducting the study
1693 described in Subsection (3)(e)(i):
1694 (A) what identified benefit the municipality will receive in return for any money or
1695 resources appropriated;
1696 (B) the municipality's purpose for the appropriation, including an analysis of the way
1697 the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
1698 peace, order, comfort, or convenience of the inhabitants of the municipality; and
1699 (C) whether the appropriation is necessary and appropriate to accomplish the
1700 reasonable goals and objectives of the municipality in the area of economic development, job
1701 creation, affordable housing, elimination of a development impediment, job preservation, the
1702 preservation of historic structures and property, and any other public purpose.
1703 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
1704 to make an appropriation.
1705 (ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
1706 court within 30 days after the day on which the municipal legislative body makes a decision.
1707 (iii) Any appeal shall be based on the record of the proceedings before the legislative
1708 body.
1709 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
1710 the appealing party shows that the decision was arbitrary, capricious, or illegal.
1711 (g) The provisions of this Subsection (3) apply only to those appropriations made after
1712 May 6, 2002.
1713 (h) This section applies only to appropriations not otherwise approved pursuant to Title
1714 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
1715 Fiscal Procedures Act for Utah Cities.
1716 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
1717 municipality shall:
1718 (i) provide reasonable notice of the proposed disposition at least 14 days before the
1719 opportunity for public comment under Subsection (4)(a)(ii); and
1720 (ii) allow an opportunity for public comment on the proposed disposition.
1721 (b) Each municipality shall, by ordinance, define what constitutes:
1722 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
1723 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
1724 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
1725 real property for the purpose of expanding the municipality's infrastructure or other facilities
1726 used for providing services that the municipality offers or intends to offer shall provide written
1727 notice, as provided in this Subsection (5), of its intent to acquire the property if:
1728 (i) the property is located:
1729 (A) outside the boundaries of the municipality; and
1730 (B) in a county of the first or second class; and
1731 (ii) the intended use of the property is contrary to:
1732 (A) the anticipated use of the property under the general plan of the county in whose
1733 unincorporated area or the municipality in whose boundaries the property is located; or
1734 (B) the property's current zoning designation.
1735 (b) Each notice under Subsection (5)(a) shall:
1736 (i) indicate that the municipality intends to acquire real property;
1737 (ii) identify the real property; and
1738 (iii) be sent to:
1739 (A) each county in whose unincorporated area and each municipality in whose
1740 boundaries the property is located; and
1741 (B) each affected entity.
1742 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
1743 63G-2-305(8).
1744 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
1745 previously provided notice under Section 10-9a-203 identifying the general location within the
1746 municipality or unincorporated part of the county where the property to be acquired is located.
1747 (ii) If a municipality is not required to comply with the notice requirement of
1748 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
1749 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
1750 property.
1751 Section 29. Section 10-8-15 is amended to read:
1752 10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.
1753 (1) As used in this section, "affected entity" means a:
1754 (a) county that has land use authority over land subject to an ordinance or regulation
1755 described in this section;
1756 (b) local health department, as that term is defined in Section 26A-1-102, that has
1757 jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
1758 described in this section;
1759 (c) municipality that has enacted or has the right to enact an ordinance or regulation
1760 described in this section over the land subject to an ordinance or regulation described in this
1761 section; and
1762 (d) municipality that has land use authority over land subject to an ordinance or
1763 regulation described in this section.
1764 (2) A municipality may construct or authorize the construction of waterworks within or
1765 without the municipal limits, and for the purpose of maintaining and protecting the same from
1766 injury and the water from pollution the municipality's jurisdiction shall extend over the territory
1767 occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
1768 in and necessary for the construction, maintenance and operation of the same, and over the
1769 stream or other source from which the water is taken, for 15 miles above the point from which
1770 it is taken and for a distance of 300 feet on each side of such stream and over highways along
1771 such stream or watercourse within said 15 miles and said 300 feet.
1772 (3) The jurisdiction of a city of the first class shall additionally be over the entire
1773 watershed within the county of origin of the city of the first class and subject to Subsection (6)
1774 provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
1775 source; and provided further, that the city of the first class shall provide a highway in and
1776 through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
1777 be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
1778 territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
1779 of the city may enact ordinances placing under police regulations the manner of driving such
1780 cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
1781 which the city has jurisdiction.
1782 (4) A municipality may enact all ordinances and regulations necessary to carry the
1783 power herein conferred into effect, and is authorized and empowered to enact ordinances
1784 preventing pollution or contamination of the streams or watercourses from which the
1785 municipality derives the municipality's water supply, in whole or in part, for domestic and
1786 culinary purposes, and may enact ordinances prohibiting or regulating the construction or
1787 maintenance of any closet, privy, outhouse or urinal within the area over which the
1788 municipality has jurisdiction, and provide for permits for the construction and maintenance of
1789 the same.
1790 (5) In granting a permit described in Subsection (4), a municipality may annex thereto
1791 such reasonable conditions and requirements for the protection of the public health as the
1792 municipality determines proper, and may, if determined advisable, require that all closets,
1793 privies and urinals along such streams shall be provided with effective septic tanks or other
1794 germ-destroying instrumentalities.
1795 (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
1796 city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
1797 municipalities and counties that have jurisdiction over the area where the watershed is located.
1798 (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
1799 or regulation under the authority of this section shall:
1800 (i) hold a public hearing on the proposed ordinance or regulation; and
1801 (ii) give notice of the date, place, and time of the hearing, as described in Subsection
1802 (7)(b).
1803 (b) At least ten days before the day on which the public hearing described in
1804 Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
1805 (i) mailed to:
1806 (A) each affected entity;
1807 (B) the director of the Division of Drinking Water; and
1808 (C) the director of the Division of Water Quality; and
1809 (ii) published:
1810 (A) in a newspaper of general circulation in the county in which the land subject to the
1811 proposed ordinance or regulation is located; and
1812 (B) on the Utah Public Notice Website created in Section [
1813 (c) An ordinance or regulation adopted under the authority of this section may not
1814 conflict with:
1815 (i) existing federal or state statutes; or
1816 (ii) a rule created pursuant to a federal or state statute governing drinking water or
1817 water quality.
1818 (d) A municipality that enacts an ordinance or regulation under the authority of this
1819 section shall:
1820 (i) provide a copy of the ordinance or regulation to each affected entity; and
1821 (ii) include a copy of the ordinance or regulation in the municipality's drinking water
1822 source protection plan.
1823 Section 30. Section 10-9a-203 is amended to read:
1824 10-9a-203. Notice of intent to prepare a general plan or comprehensive general
1825 plan amendments in certain municipalities.
1826 (1) Before preparing a proposed general plan or a comprehensive general plan
1827 amendment, each municipality within a county of the first or second class shall provide 10
1828 calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
1829 plan amendment:
1830 (a) to each affected entity;
1831 (b) to the Automated Geographic Reference Center created in Section 63F-1-506;
1832 (c) to the association of governments, established pursuant to an interlocal agreement
1833 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
1834 and
1835 (d) on the Utah Public Notice Website created under Section [
1836 (2) Each notice under Subsection (1) shall:
1837 (a) indicate that the municipality intends to prepare a general plan or a comprehensive
1838 general plan amendment, as the case may be;
1839 (b) describe or provide a map of the geographic area that will be affected by the general
1840 plan or amendment;
1841 (c) be sent by mail, e-mail, or other effective means;
1842 (d) invite the affected entities to provide information for the municipality to consider in
1843 the process of preparing, adopting, and implementing a general plan or amendment concerning:
1844 (i) impacts that the use of land proposed in the proposed general plan or amendment
1845 may have; and
1846 (ii) uses of land within the municipality that the affected entity is considering that may
1847 conflict with the proposed general plan or amendment; and
1848 (e) include the address of an Internet website, if the municipality has one, and the name
1849 and telephone number of a person where more information can be obtained concerning the
1850 municipality's proposed general plan or amendment.
1851 Section 31. Section 10-9a-204 is amended to read:
1852 10-9a-204. Notice of public hearings and public meetings to consider general plan
1853 or modifications.
1854 (1) Each municipality shall provide:
1855 (a) notice of the date, time, and place of the first public hearing to consider the original
1856 adoption or any modification of all or any portion of a general plan; and
1857 (b) notice of each public meeting on the subject.
1858 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
1859 days before the public hearing and shall be:
1860 (a) (i) published in a newspaper of general circulation in the area; and
1861 (ii) published on the Utah Public Notice Website created in Section [
1862 63A-12-201;
1863 (b) mailed to each affected entity; and
1864 (c) posted:
1865 (i) in at least three public locations within the municipality; or
1866 (ii) on the municipality's official website.
1867 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1868 before the meeting and shall be:
1869 (a) (i) submitted to a newspaper of general circulation in the area; and
1870 (ii) published on the Utah Public Notice Website created in Section [
1871 63A-12-201; and
1872 (b) posted:
1873 (i) in at least three public locations within the municipality; or
1874 (ii) on the municipality's official website.
1875 Section 32. Section 10-9a-205 is amended to read:
1876 10-9a-205. Notice of public hearings and public meetings on adoption or
1877 modification of land use regulation.
1878 (1) Each municipality shall give:
1879 (a) notice of the date, time, and place of the first public hearing to consider the
1880 adoption or any modification of a land use regulation; and
1881 (b) notice of each public meeting on the subject.
1882 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1883 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1884 (b) posted:
1885 (i) in at least three public locations within the municipality; or
1886 (ii) on the municipality's official website; and
1887 (c) (i) (A) published in a newspaper of general circulation in the area at least 10
1888 calendar days before the public hearing; and
1889 (B) published on the Utah Public Notice Website created in Section [
1890 63A-12-201, at least 10 calendar days before the public hearing; or
1891 (ii) mailed at least 10 days before the public hearing to:
1892 (A) each property owner whose land is directly affected by the land use ordinance
1893 change; and
1894 (B) each adjacent property owner within the parameters specified by municipal
1895 ordinance.
1896 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1897 before the meeting and shall be posted:
1898 (a) in at least three public locations within the municipality; or
1899 (b) on the municipality's official website.
1900 (4) (a) A municipality shall send a courtesy notice to each owner of private real
1901 property whose property is located entirely or partially within a proposed zoning map
1902 enactment or amendment at least 10 days before the scheduled day of the public hearing.
1903 (b) The notice shall:
1904 (i) identify with specificity each owner of record of real property that will be affected
1905 by the proposed zoning map or map amendments;
1906 (ii) state the current zone in which the real property is located;
1907 (iii) state the proposed new zone for the real property;
1908 (iv) provide information regarding or a reference to the proposed regulations,
1909 prohibitions, and permitted uses that the property will be subject to if the zoning map or map
1910 amendment is adopted;
1911 (v) state that the owner of real property may no later than 10 days after the day of the
1912 first public hearing file a written objection to the inclusion of the owner's property in the
1913 proposed zoning map or map amendment;
1914 (vi) state the address where the property owner should file the protest;
1915 (vii) notify the property owner that each written objection filed with the municipality
1916 will be provided to the municipal legislative body; and
1917 (viii) state the location, date, and time of the public hearing described in Section
1918 10-9a-502.
1919 (c) If a municipality mails notice to a property owner in accordance with Subsection
1920 (2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
1921 Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
1922 than sent separately.
1923 Section 33. Section 10-9a-208 is amended to read:
1924 10-9a-208. Hearing and notice for petition to vacate a public street.
1925 (1) For any petition to vacate some or all of a public street or municipality utility
1926 easement the legislative body shall:
1927 (a) hold a public hearing; and
1928 (b) give notice of the date, place, and time of the hearing, as provided in Subsection
1929 (2).
1930 (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
1931 body shall ensure that the notice required under Subsection (1)(b) is:
1932 (a) mailed to the record owner of each parcel that is accessed by the public street or
1933 municipal utility easement;
1934 (b) mailed to each affected entity;
1935 (c) posted on or near the public street or municipal utility easement in a manner that is
1936 calculated to alert the public; and
1937 (d) (i) published on the website of the municipality in which the land subject to the
1938 petition is located until the public hearing concludes; and
1939 (ii) published on the Utah Public Notice Website created in Section [
1940 63A-12-201.
1941 Section 34. Section 10-18-203 is amended to read:
1942 10-18-203. Feasibility study on providing cable television or public
1943 telecommunications services -- Public hearings.
1944 (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
1945 the municipality shall require the feasibility consultant to:
1946 (a) complete the feasibility study in accordance with this section;
1947 (b) submit to the legislative body by no later than 180 days from the date the feasibility
1948 consultant is hired to conduct the feasibility study:
1949 (i) the full written results of the feasibility study; and
1950 (ii) a summary of the results that is no longer than one page in length; and
1951 (c) attend the public hearings described in Subsection (4) to:
1952 (i) present the feasibility study results; and
1953 (ii) respond to questions from the public.
1954 (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1955 (a) (i) if the municipality is proposing to provide cable television services to
1956 subscribers, whether the municipality providing cable television services in the manner
1957 proposed by the municipality will hinder or advance competition for cable television services
1958 in the municipality; or
1959 (ii) if the municipality is proposing to provide public telecommunications services to
1960 subscribers, whether the municipality providing public telecommunications services in the
1961 manner proposed by the municipality will hinder or advance competition for public
1962 telecommunications services in the municipality;
1963 (b) whether but for the municipality any person would provide the proposed:
1964 (i) cable television services; or
1965 (ii) public telecommunications services;
1966 (c) the fiscal impact on the municipality of:
1967 (i) the capital investment in facilities that will be used to provide the proposed:
1968 (A) cable television services; or
1969 (B) public telecommunications services; and
1970 (ii) the expenditure of funds for labor, financing, and administering the proposed:
1971 (A) cable television services; or
1972 (B) public telecommunications services;
1973 (d) the projected growth in demand in the municipality for the proposed:
1974 (i) cable television services; or
1975 (ii) public telecommunications services;
1976 (e) the projections at the time of the feasibility study and for the next five years, of a
1977 full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1978 facilities necessary to provide the proposed:
1979 (i) cable television services; or
1980 (ii) public telecommunications services; and
1981 (f) the projections at the time of the feasibility study and for the next five years of the
1982 revenues to be generated from the proposed:
1983 (i) cable television services; or
1984 (ii) public telecommunications services.
1985 (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1986 the feasibility consultant shall assume that the municipality will price the proposed cable
1987 television services or public telecommunications services consistent with Subsection
1988 10-18-303(5).
1989 (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1990 10-18-202(3), the legislative body, at the next regular meeting after the legislative body
1991 receives the results of the feasibility study, shall schedule at least two public hearings to be
1992 held:
1993 (a) within 60 days of the meeting at which the public hearings are scheduled;
1994 (b) at least seven days apart; and
1995 (c) for the purpose of allowing:
1996 (i) the feasibility consultant to present the results of the feasibility study; and
1997 (ii) the public to:
1998 (A) become informed about the feasibility study results; and
1999 (B) ask questions of the feasibility consultant about the results of the feasibility study.
2000 (5) (a) Except as provided in Subsection (5)(b), the municipality shall publish notice of
2001 the public hearings required under Subsection (4):
2002 (i) at least once a week for three consecutive weeks in a newspaper of general
2003 circulation in the municipality and at least three days before the first public hearing required
2004 under Subsection (4); and
2005 (ii) on the Utah Public Notice Website created in Section [
2006 three weeks, at least three days before the first public hearing required under Subsection (4).
2007 (b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
2008 circulation in the municipality, for each 1,000 residents, the municipality shall post at least one
2009 notice of the hearings in a conspicuous place within the municipality that is likely to give
2010 notice of the hearings to the greatest number of residents of the municipality.
2011 (ii) The municipality shall post the notices at least seven days before the first public
2012 hearing required under Subsection (4) is held.
2013 Section 35. Section 10-18-302 is amended to read:
2014 10-18-302. Bonding authority.
2015 (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
2016 legislative body of a municipality may by resolution determine to issue one or more revenue
2017 bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
2018 to subscribers:
2019 (a) a cable television service; or
2020 (b) a public telecommunications service.
2021 (2) The resolution described in Subsection (1) shall:
2022 (a) describe the purpose for which the indebtedness is to be created; and
2023 (b) specify the dollar amount of the one or more bonds proposed to be issued.
2024 (3) (a) A revenue bond issued under this section shall be secured and paid for:
2025 (i) from the revenues generated by the municipality from providing:
2026 (A) cable television services with respect to revenue bonds issued to finance facilities
2027 for the municipality's cable television services; and
2028 (B) public telecommunications services with respect to revenue bonds issued to finance
2029 facilities for the municipality's public telecommunications services; and
2030 (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues
2031 generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
2032 (A) notwithstanding Subsection 11-14-201(3) and except as provided in Subsections
2033 (4) and (5), the revenue bond is approved by the registered voters in an election held:
2034 (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
2035 11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
2036 (II) notwithstanding Subsection 11-14-203(2), at a regular general election;
2037 (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
2038 revenue bond; and
2039 (C) the municipality or municipalities annually appropriate the revenues described in
2040 this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
2041 (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
2042 origination, financing, or other carrying costs associated with the one or more revenue bonds
2043 issued under this section from the town or city, respectively, general funds or other enterprise
2044 funds of the municipality.
2045 (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
2046 pursuant to an agreement:
2047 (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
2048 (ii) to which a municipality is a party.
2049 (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
2050 municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
2051 entity that issues revenue bonds, if:
2052 (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
2053 a member of a municipal entity that is issuing revenue bonds has published the first notice
2054 described in Subsection (4)(b)(iii);
2055 (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
2056 is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
2057 the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
2058 this Subsection (4)(b)(ii);
2059 (iii) the municipality that is issuing the revenue bonds or the municipality that is a
2060 member of the municipal entity that is issuing the revenue bonds has:
2061 (A) held a public hearing for which public notice was given by publication of the
2062 notice:
2063 (I) in a newspaper published in the municipality or in a newspaper of general
2064 circulation within the municipality for two consecutive weeks, with the first publication being
2065 not less than 14 days before the public hearing; and
2066 (II) on the Utah Public Notice Website created in Section [
2067 two weeks before the public hearing; and
2068 (B) the notice identifies:
2069 (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
2070 Act;
2071 (II) the purpose for the bonds to be issued;
2072 (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2073 be pledged in any fiscal year;
2074 (IV) the maximum number of years that the pledge will be in effect; and
2075 (V) the time, place, and location for the public hearing;
2076 (iv) the municipal entity that issues revenue bonds:
2077 (A) adopts a final financing plan; and
2078 (B) in accordance with Title 63G, Chapter 2, Government Records Access and
2079 Management Act, makes available to the public at the time the municipal entity adopts the final
2080 financing plan:
2081 (I) the final financing plan; and
2082 (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
2083 Chapter 2, Government Records Access and Management Act;
2084 (v) any municipality that is a member of a municipal entity described in Subsection
2085 (4)(b)(iv):
2086 (A) not less than 30 calendar days after the municipal entity complies with Subsection
2087 (4)(b)(iv)(B), holds a final public hearing;
2088 (B) provides notice, at the time the municipality schedules the final public hearing, to
2089 any person who has provided to the municipality a written request for notice; and
2090 (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
2091 interested parties; and
2092 (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2093 more than 50% of the average annual debt service of all revenue bonds described in this section
2094 to provide service throughout the municipality or municipal entity may be paid from the
2095 revenues described in Subsection (3)(a)(ii).
2096 (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
2097 to a municipality that issues revenue bonds if:
2098 (a) the municipality that is issuing the revenue bonds has:
2099 (i) held a public hearing for which public notice was given by publication of the notice:
2100 (A) in a newspaper published in the municipality or in a newspaper of general
2101 circulation within the municipality for two consecutive weeks, with the first publication being
2102 not less than 14 days before the public hearing; and
2103 (B) on the Utah Public Notice Website created in Section [
2104 14 days before the public hearing; and
2105 (ii) the notice identifies:
2106 (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2107 Bonding Act;
2108 (B) the purpose for the bonds to be issued;
2109 (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
2110 pledged in any fiscal year;
2111 (D) the maximum number of years that the pledge will be in effect; and
2112 (E) the time, place, and location for the public hearing; and
2113 (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2114 more than 50% of the average annual debt service of all revenue bonds described in this section
2115 to provide service throughout the municipality or municipal entity may be paid from the
2116 revenues described in Subsection (3)(a)(ii).
2117 (6) A municipality that issues bonds pursuant to this section may not make or grant any
2118 undue or unreasonable preference or advantage to itself or to any private provider of:
2119 (a) cable television services; or
2120 (b) public telecommunications services.
2121 Section 36. Section 11-13-204 is amended to read:
2122 11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
2123 services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
2124 lieutenant governor -- Recording requirements -- Public Service Commission.
2125 (1) (a) An interlocal entity:
2126 (i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the
2127 conduct of its business;
2128 (ii) may:
2129 (A) amend or repeal a bylaw, policy, or procedure;
2130 (B) sue and be sued;
2131 (C) have an official seal and alter that seal at will;
2132 (D) make and execute contracts and other instruments necessary or convenient for the
2133 performance of its duties and the exercise of its powers and functions;
2134 (E) acquire real or personal property, or an undivided, fractional, or other interest in
2135 real or personal property, necessary or convenient for the purposes contemplated in the
2136 agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
2137 (F) directly or by contract with another:
2138 (I) own and acquire facilities and improvements or an undivided, fractional, or other
2139 interest in facilities and improvements;
2140 (II) construct, operate, maintain, and repair facilities and improvements; and
2141 (III) provide the services contemplated in the agreement creating the interlocal entity
2142 and establish, impose, and collect rates, fees, and charges for the services provided by the
2143 interlocal entity;
2144 (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
2145 obligations and secure their payment by an assignment, pledge, or other conveyance of all or
2146 any part of the revenues and receipts from the facilities, improvements, or services that the
2147 interlocal entity provides;
2148 (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
2149 other obligations issued by the interlocal entity;
2150 (I) sell or contract for the sale of the services, output, product, or other benefits
2151 provided by the interlocal entity to:
2152 (I) public agencies inside or outside the state; and
2153 (II) with respect to any excess services, output, product, or benefits, any person on
2154 terms that the interlocal entity considers to be in the best interest of the public agencies that are
2155 parties to the agreement creating the interlocal entity; and
2156 (J) create a local disaster recovery fund in the same manner and to the same extent as
2157 authorized for a local government in accordance with Section 53-2a-605; and
2158 (iii) may not levy, assess, or collect ad valorem property taxes.
2159 (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to
2160 the extent provided by the documents under which the assignment, pledge, or other conveyance
2161 is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
2162 payable to the state or its political subdivisions.
2163 (2) An energy services interlocal entity:
2164 (a) except with respect to any ownership interest it has in facilities providing additional
2165 project capacity, is not subject to:
2166 (i) Part 3, Project Entity Provisions; or
2167 (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
2168 Pay Corporate Franchise or Income Tax Act; and
2169 (b) may:
2170 (i) own, acquire, and, by itself or by contract with another, construct, operate, and
2171 maintain a facility or improvement for the generation, transmission, and transportation of
2172 electric energy or related fuel supplies;
2173 (ii) enter into a contract to obtain a supply of electric power and energy and ancillary
2174 services, transmission, and transportation services, and supplies of natural gas and fuels
2175 necessary for the operation of generation facilities;
2176 (iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
2177 and others, whether located in or out of the state, for the sale of wholesale services provided by
2178 the energy services interlocal entity; and
2179 (iv) adopt and implement risk management policies and strategies and enter into
2180 transactions and agreements to manage the risks associated with the purchase and sale of
2181 energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
2182 and other instruments.
2183 (3) Notwithstanding Section 11-13-216, an agreement creating an interlocal entity or
2184 an amendment to that agreement may provide that the agreement may continue and the
2185 interlocal entity may remain in existence until the latest to occur of:
2186 (a) 50 years after the date of the agreement or amendment;
2187 (b) five years after the interlocal entity has fully paid or otherwise discharged all of its
2188 indebtedness;
2189 (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
2190 or transferred all of its interest in its facilities and improvements; or
2191 (d) five years after the facilities and improvements of the interlocal entity are no longer
2192 useful in providing the service, output, product, or other benefit of the facilities and
2193 improvements, as determined under the agreement governing the sale of the service, output,
2194 product, or other benefit.
2195 (4) (a) Upon execution of an agreement to approve the creation of an interlocal entity,
2196 including an electric interlocal entity and an energy services interlocal entity, the governing
2197 body of a member of the interlocal entity under Section 11-13-203 shall:
2198 (i) within 30 days after the date of the agreement, jointly file with the lieutenant
2199 governor:
2200 (A) a copy of a notice of an impending boundary action, as defined in Section
2201 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
2202 (B) if less than all of the territory of any Utah public agency that is a party to the
2203 agreement is included within the interlocal entity, a copy of an approved final local entity plat,
2204 as defined in Section 67-1a-6.5; and
2205 (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
2206 67-1a-6.5:
2207 (A) if the interlocal entity is located within the boundary of a single county, submit to
2208 the recorder of that county:
2209 (I) the original:
2210 (Aa) notice of an impending boundary action;
2211 (Bb) certificate of creation; and
2212 (Cc) approved final local entity plat, if an approved final local entity plat was required
2213 to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
2214 (II) a certified copy of the agreement approving the creation of the interlocal entity; or
2215 (B) if the interlocal entity is located within the boundaries of more than a single
2216 county:
2217 (I) submit to the recorder of one of those counties:
2218 (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
2219 (Cc); and
2220 (Bb) a certified copy of the agreement approving the creation of the interlocal entity;
2221 and
2222 (II) submit to the recorder of each other county:
2223 (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
2224 and (Cc); and
2225 (Bb) a certified copy of the agreement approving the creation of the interlocal entity.
2226 (b) Upon the lieutenant governor's issuance of a certificate of creation under Section
2227 67-1a-6.5, the interlocal entity is created.
2228 (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
2229 recorder of each county in which the property is located, a newly created interlocal entity may
2230 not charge or collect a fee for service provided to property within the interlocal entity.
2231 (5) Nothing in this section may be construed as expanding the rights of any
2232 municipality or interlocal entity to sell or provide retail service.
2233 (6) Except as provided in Subsection (7):
2234 (a) nothing in this section may be construed to expand or limit the rights of a
2235 municipality to sell or provide retail electric service; and
2236 (b) an energy services interlocal entity may not provide retail electric service to
2237 customers located outside the municipal boundaries of its members.
2238 (7) (a) An energy services interlocal entity created before July 1, 2003, that is
2239 comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1,
2240 2010, provided retail electric service to customers outside the municipal boundaries of its
2241 members, may provide retail electric service outside the municipal boundaries of its members
2242 if:
2243 (i) the energy services interlocal entity:
2244 (A) enters into a written agreement with each public utility holding a certificate of
2245 public convenience and necessity issued by the Public Service Commission to provide service
2246 within an agreed upon geographic area for the energy services interlocal entity to be
2247 responsible to provide electric service in the agreed upon geographic area outside the municipal
2248 boundaries of the members of the energy services interlocal entity; and
2249 (B) obtains a franchise agreement, with the legislative body of the county or other
2250 governmental entity for the geographic area in which the energy services interlocal entity
2251 provides service outside the municipal boundaries of its members; and
2252 (ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from
2253 the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A).
2254 (b) (i) The Public Service Commission shall, after a public hearing held in accordance
2255 with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in
2256 Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it
2257 incorporates the customer protections described in Subsection (7)(c) and the franchise
2258 agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a
2259 neutral arbiter or ombudsman for resolving potential future complaints by customers of the
2260 energy services interlocal entity.
2261 (ii) In approving an agreement, the Public Service Commission shall also amend the
2262 certificate of public convenience and necessity of any public utility described in Subsection
2263 (7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the
2264 public utility the geographic area that the energy services interlocal entity has agreed to serve.
2265 (c) In providing retail electric service to customers outside of the municipal boundaries
2266 of its members, but not within the municipal boundaries of another municipality that grants a
2267 franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal
2268 entity shall comply with the following:
2269 (i) the rates and conditions of service for customers outside the municipal boundaries
2270 of the members shall be at least as favorable as the rates and conditions of service for similarly
2271 situated customers within the municipal boundaries of the members;
2272 (ii) the energy services interlocal entity shall operate as a single entity providing
2273 service both inside and outside of the municipal boundaries of its members;
2274 (iii) a general rebate, refund, or other payment made to customers located within the
2275 municipal boundaries of the members shall also be provided to similarly situated customers
2276 located outside the municipal boundaries of the members;
2277 (iv) a schedule of rates and conditions of service, or any change to the rates and
2278 conditions of service, shall be approved by the governing board of the energy services
2279 interlocal entity;
2280 (v) before implementation of any rate increase, the governing board of the energy
2281 services interlocal entity shall first hold a public meeting to take public comment on the
2282 proposed increase, after providing at least 20 days and not more than 60 days' advance written
2283 notice to its customers on the ordinary billing and on the Utah Public Notice Website, created
2284 by Section [
2285 (vi) the energy services interlocal entity shall file with the Public Service Commission
2286 its current schedule of rates and conditions of service.
2287 (d) The Public Service Commission shall make the schedule of rates and conditions of
2288 service of the energy services interlocal entity available for public inspection.
2289 (e) Nothing in this section:
2290 (i) gives the Public Service Commission jurisdiction over the provision of retail
2291 electric service by an energy services interlocal entity within the municipal boundaries of its
2292 members; or
2293 (ii) makes an energy services interlocal entity a public utility under Title 54, Public
2294 Utilities.
2295 (f) Nothing in this section expands or diminishes the jurisdiction of the Public Service
2296 Commission over a municipality or an association of municipalities organized under Title 11,
2297 Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's
2298 language.
2299 (g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its
2300 authority to provide electric service to the extent authorized by Sections 11-13-202 and
2301 11-13-203 and Subsections 11-13-204(1) through (5).
2302 (ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves
2303 the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not
2304 provide retail electric service to customers located outside the municipal boundaries of its
2305 members, except for customers located within the geographic area described in the agreement.
2306 Section 37. Section 11-13-509 is amended to read:
2307 11-13-509. Hearing to consider adoption -- Notice.
2308 (1) At the meeting at which the tentative budget is adopted, the governing board shall:
2309 (a) establish the time and place of a public hearing to consider its adoption; and
2310 (b) except as provided in Subsection (2) or (5), order that notice of the hearing:
2311 (i) be published, at least seven days before the day of the hearing, in at least one issue
2312 of a newspaper of general circulation in a county in which the interlocal entity provides service
2313 to the public or in which its members are located, if such a newspaper is generally circulated in
2314 the county or counties; and
2315 (ii) be published at least seven days before the day of the hearing on the Utah Public
2316 Notice Website created in Section [
2317 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
2318 required in Subsection (1)(b):
2319 (a) may be combined with the notice required under Section 59-2-919; and
2320 (b) shall be published in accordance with the advertisement provisions of Section
2321 59-2-919.
2322 (3) Proof that notice was given in accordance with Subsection (1)(b), (2), or (5) is
2323 prima facie evidence that notice was properly given.
2324 (4) If a notice required under Subsection (1)(b), (2), or (5) is not challenged within 30
2325 days after the day on which the hearing is held, the notice is adequate and proper.
2326 (5) A governing board of an interlocal entity with an annual operating budget of less
2327 than $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
2328 (a) mailing a written notice, postage prepaid, to each voter in an interlocal entity; and
2329 (b) posting the notice in three public places within the interlocal entity's service area.
2330 Section 38. Section 11-13-531 is amended to read:
2331 11-13-531. Imposing or increasing a fee for service provided by interlocal entity.
2332 (1) The governing board shall fix the rate for a service or commodity provided by the
2333 interlocal entity.
2334 (2) (a) Before imposing a new fee or increasing an existing fee for a service provided
2335 by an interlocal entity, an interlocal entity governing board shall first hold a public hearing at
2336 which interested persons may speak for or against the proposal to impose a fee or to increase an
2337 existing fee.
2338 (b) Each public hearing under Subsection (2)(a) shall be held on a weekday in the
2339 evening beginning no earlier than 6 p.m.
2340 (c) A public hearing required under this Subsection (2) may be combined with a public
2341 hearing on a tentative budget required under Section 11-13-510.
2342 (d) Except to the extent that this section imposes more stringent notice requirements,
2343 the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
2344 holding the public hearing under Subsection (2)(a).
2345 (3) (a) An interlocal entity board shall give notice of a hearing under Subsection (2)(a):
2346 (i) as provided in Subsection (3)(b)(i) or (c); and
2347 (ii) for at least 20 days before the day of the hearing on the Utah Public Notice
2348 Website, created by Section [
2349 (b) (i) Except as provided by Subsection (3)(c)(i), the notice required under Subsection
2350 (2)(a) shall be published:
2351 (A) in a newspaper or combination of newspapers of general circulation in the
2352 interlocal entity, if there is a newspaper or combination of newspapers of general circulation in
2353 the interlocal entity; or
2354 (B) if there is no newspaper or combination of newspapers of general circulation in the
2355 interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population
2356 within the interlocal entity, at places within the interlocal entity that are most likely to provide
2357 actual notice to residents within the interlocal entity.
2358 (ii) The notice described in Subsection (3)(b)(i)(A):
2359 (A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
2360 point, and surrounded by a 1/4-inch border;
2361 (B) may not be placed in that portion of the newspaper where legal notices and
2362 classified advertisements appear;
2363 (C) whenever possible, shall appear in a newspaper that is published at least one day
2364 per week;
2365 (D) shall be in a newspaper or combination of newspapers of general interest and
2366 readership in the interlocal entity, and not of limited subject matter; and
2367 (E) shall be run once each week for the two weeks preceding the hearing.
2368 (iii) The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the
2369 interlocal entity board intends to impose or increase a fee for a service provided by the
2370 interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the
2371 notice, which shall be not less than seven days after the day the first notice is published, for the
2372 purpose of hearing comments regarding the proposed imposition or increase of a fee and to
2373 explain the reasons for the proposed imposition or increase.
2374 (c) (i) In lieu of providing notice under Subsection (3)(b)(i), the interlocal entity
2375 governing board may give the notice required under Subsection (2)(a) by mailing the notice to
2376 a person within the interlocal entity's service area who:
2377 (A) will be charged the fee for an interlocal entity's service, if the fee is being imposed
2378 for the first time; or
2379 (B) is being charged a fee, if the fee is proposed to be increased.
2380 (ii) Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii).
2381 (iii) A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an
2382 existing fee.
2383 (d) If the hearing required under this section is combined with the public hearing
2384 required under Section 11-13-510, the notice requirements under this Subsection (3) are
2385 satisfied if a notice that meets the requirements of Subsection (3)(b)(iii) is combined with the
2386 notice required under Section 11-13-509.
2387 (e) Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie
2388 evidence that notice was properly given.
2389 (f) If no challenge is made to the notice given of a public hearing required by
2390 Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate
2391 and proper.
2392 (4) After holding a public hearing under Subsection (2)(a), a governing board may:
2393 (a) impose the new fee or increase the existing fee as proposed;
2394 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2395 then impose the new fee or increase the existing fee as adjusted; or
2396 (c) decline to impose the new fee or increase the existing fee.
2397 (5) This section applies to each new fee imposed and each increase of an existing fee
2398 that occurs on or after May 12, 2015.
2399 (6) An interlocal entity that accepts an electronic payment may charge an electronic
2400 payment fee.
2401 Section 39. Section 11-13-603 is amended to read:
2402 11-13-603. Taxed interlocal entity.
2403 (1) Notwithstanding any other provision of law:
2404 (a) the use of an asset by a taxed interlocal entity does not constitute the use of a public
2405 asset;
2406 (b) a taxed interlocal entity's use of an asset that was a public asset before the taxed
2407 interlocal entity's use of the asset does not constitute a taxed interlocal entity's use of a public
2408 asset;
2409 (c) an official of a project entity is not a public treasurer; and
2410 (d) a taxed interlocal entity's governing board shall determine and direct the use of an
2411 asset by the taxed interlocal entity.
2412 (2) A taxed interlocal entity is not subject to the provisions of Title 63G, Chapter 6a,
2413 Utah Procurement Code.
2414 (3) (a) A taxed interlocal entity is not a participating local entity as defined in Section
2415 [
2416 (b) For each fiscal year of a taxed interlocal entity, the taxed interlocal entity shall
2417 provide:
2418 (i) the taxed interlocal entity's financial statements for and as of the end of the fiscal
2419 year and the prior fiscal year, including:
2420 (A) the taxed interlocal entity's statement of net position as of the end of the fiscal year
2421 and the prior fiscal year, and the related statements of revenues and expenses and of cash flows
2422 for the fiscal year; or
2423 (B) financial statements that are equivalent to the financial statements described in
2424 Subsection (3)(b)(i)(A) and, at the time the financial statements were created, were in
2425 compliance with generally accepted accounting principles that are applicable to taxed interlocal
2426 entities; and
2427 (ii) the accompanying auditor's report and management's discussion and analysis with
2428 respect to the taxed interlocal entity's financial statements for and as of the end of the fiscal
2429 year.
2430 (c) The taxed interlocal entity shall provide the information described in Subsection
2431 (3)(b)[
2432 time after the taxed interlocal entity's independent auditor delivers to the taxed interlocal
2433 entity's governing board the auditor's report with respect to the financial statements for and as
2434 of the end of the fiscal year.
2435 (d) Notwithstanding Subsections (3)(b) and (c) or a taxed interlocal entity's compliance
2436 with one or more of the requirements of Title 63A, Chapter 3, Division of Finance:
2437 (i) the taxed interlocal entity is not subject to Title 63A, Chapter 3, Division of
2438 Finance; and
2439 (ii) the information described in Subsection (3)(b)(i) or (ii) does not constitute public
2440 financial information as defined in Section [
2441 (4) (a) A taxed interlocal entity's governing board is not a governing board as defined
2442 in Section 51-2a-102.
2443 (b) A taxed interlocal entity is not subject to the provisions of Title 51, Chapter 2a,
2444 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
2445 Entities Act.
2446 (5) Notwithstanding any other provision of law, a taxed interlocal entity is not subject
2447 to the following provisions:
2448 (a) Part 4, Governance;
2449 (b) Part 5, Fiscal Procedures for Interlocal Entities;
2450 (c) Subsection 11-13-204(1)(a)(i) or (ii)(J);
2451 (d) Subsection 11-13-206(1)(f);
2452 (e) Subsection 11-13-218(5)(a);
2453 (f) Section 11-13-225;
2454 (g) Section 11-13-226; or
2455 (h) Section 53-2a-605.
2456 (6) (a) In addition to having the powers described in Subsection 11-13-204(1)(a)(ii), a
2457 taxed interlocal entity may, for the regulation of the entity's affairs and conduct of its business,
2458 adopt, amend, or repeal bylaws, policies, or procedures.
2459 (b) Nothing in Part 4, Governance, or Part 5, Fiscal Procedures for Interlocal Entities,
2460 may be construed to limit the power or authority of a taxed interlocal entity.
2461 (7) (a) A governmental law enacted after May 12, 2015, is not applicable to, is not
2462 binding upon, and does not have effect on a taxed interlocal entity unless the governmental law
2463 expressly states the section of governmental law to be applicable to and binding upon the taxed
2464 interlocal entity with the following words: "[Applicable section or subsection number]
2465 constitutes an exception to Subsection 11-13-603(7)(a) and is applicable to and binding upon a
2466 taxed interlocal entity."
2467 (b) Sections 11-13-601 through 11-13-608 constitute an exception to Subsection (7)(a)
2468 and are applicable to and binding upon a taxed interlocal entity.
2469 Section 40. Section 11-14-202 is amended to read:
2470 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
2471 (1) The governing body shall publish notice of the election:
2472 (a) (i) once per week for three consecutive weeks before the election in a newspaper of
2473 general circulation in the local political subdivision, in accordance with Section 11-14-316, the
2474 first publication occurring not less than 21, nor more than 35, days before the day of the
2475 election;
2476 (ii) if there is no newspaper of general circulation in the local political subdivision, at
2477 least 21 days before the day of the election, by posting one notice, and at least one additional
2478 notice per 2,000 population of the local political subdivision, in places within the local political
2479 subdivision that are most likely to give notice to the voters in the local political subdivision; or
2480 (iii) at least three weeks before the day of the election, by mailing notice to each
2481 registered voter in the local political subdivision;
2482 (b) on the Utah Public Notice Website created in Section [
2483 three weeks before the day of the election;
2484 (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
2485 and
2486 (d) if the local political subdivision has a website, on the local political subdivision's
2487 website for at least three weeks before the day of the election.
2488 (2) When the debt service on the bonds to be issued will increase the property tax
2489 imposed upon the average value of a residence by an amount that is greater than or equal to $15
2490 per year, the governing body shall prepare and mail either a voter information pamphlet or a
2491 notification described in Subsection (8):
2492 (a) at least 15 days, but not more than 45 days, before the bond election;
2493 (b) to each household containing a registered voter who is eligible to vote on the
2494 bonds; and
2495 (c) that includes the information required by Subsections (4) and (5).
2496 (3) The election officer may change the location of, or establish an additional:
2497 (a) voting precinct polling place, in accordance with Subsection (6);
2498 (b) early voting polling place, in accordance with Subsection 20A-3-603(2); or
2499 (c) election day voting center, in accordance with Subsection 20A-3-703(2).
2500 (4) The notice described in Subsection (1) and the voter information pamphlet
2501 described in Subsection (2):
2502 (a) shall include, in the following order:
2503 (i) the date of the election;
2504 (ii) the hours during which the polls will be open;
2505 (iii) the address of the Statewide Electronic Voter Information Website and, if
2506 available, the address of the election officer's website, with a statement indicating that the
2507 election officer will post on the website the location of each polling place for each voting
2508 precinct, each early voting polling place, and each election day voting center, including any
2509 changes to the location of a polling place and the location of an additional polling place;
2510 (iv) a phone number that a voter may call to obtain information regarding the location
2511 of a polling place; and
2512 (v) the title and text of the ballot proposition, including the property tax cost of the
2513 bond described in Subsection 11-14-206(2)(a); and
2514 (b) may include the location of each polling place.
2515 (5) The voter information pamphlet required by this section shall include:
2516 (a) the information required under Subsection (4); and
2517 (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2518 which may be based on information the governing body determines to be useful, including:
2519 (i) expected debt service on the bonds to be issued;
2520 (ii) a description of the purpose, remaining principal balance, and maturity date of any
2521 outstanding general obligation bonds of the issuer;
2522 (iii) funds other than property taxes available to pay debt service on general obligation
2523 bonds;
2524 (iv) timing of expenditures of bond proceeds;
2525 (v) property values; and
2526 (vi) any additional information that the governing body determines may be useful to
2527 explain the property tax impact of issuance of the bonds.
2528 (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2529 deadlines described in Subsections (1) and (2):
2530 (i) if necessary, change the location of a voting precinct polling place; or
2531 (ii) if the election officer determines that the number of voting precinct polling places
2532 is insufficient due to the number of registered voters who are voting, designate additional
2533 voting precinct polling places.
2534 (b) Except as provided in Section 20A-1-308, if an election officer changes the
2535 location of a voting precinct polling place or designates an additional voting precinct polling
2536 place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2537 times, and location of a changed voting precinct polling place or an additional voting precinct
2538 polling place:
2539 (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2540 Information Website;
2541 (ii) by posting the information on the website of the election officer, if available; and
2542 (iii) by posting notice:
2543 (A) of a change in the location of a voting precinct polling place, at the new location
2544 and, if possible, the old location; and
2545 (B) of an additional voting precinct polling place, at the additional voting precinct
2546 polling place.
2547 (7) The governing body shall pay the costs associated with the notice required by this
2548 section.
2549 (8) (a) The governing body may mail a notice printed on a postage prepaid,
2550 preaddressed return form that a person may use to request delivery of a voter information
2551 pamphlet by mail.
2552 (b) The notice described in Subsection (8)(a) shall include:
2553 (i) the website upon which the voter information pamphlet is available; and
2554 (ii) the phone number a voter may call to request delivery of a voter information
2555 pamphlet by mail.
2556 (9) A local school board shall comply with the voter information pamphlet
2557 requirements described in Section 53G-4-603.
2558 Section 41. Section 11-14-318 is amended to read:
2559 11-14-318. Public hearing required.
2560 (1) Before issuing bonds authorized under this chapter, a local political subdivision
2561 shall:
2562 (a) in accordance with Subsection (2), provide public notice of the local political
2563 subdivision's intent to issue bonds; and
2564 (b) hold a public hearing:
2565 (i) if an election is required under this chapter:
2566 (A) no sooner than 30 days before the day on which the notice of election is published
2567 under Section 11-14-202; and
2568 (B) no later than five business days before the day on which the notice of election is
2569 published under Section 11-14-202; and
2570 (ii) to receive input from the public with respect to:
2571 (A) the issuance of the bonds; and
2572 (B) the potential economic impact that the improvement, facility, or property for which
2573 the bonds pay all or part of the cost will have on the private sector.
2574 (2) A local political subdivision shall:
2575 (a) publish the notice required by Subsection (1)(a):
2576 (i) once each week for two consecutive weeks in the official newspaper described in
2577 Section 11-14-316 with the first publication being not less than 14 days before the public
2578 hearing required by Subsection (1)(b); and
2579 (ii) on the Utah Public Notice Website, created under Section [
2580 63A-12-201, no less than 14 days before the public hearing required by Subsection (1)(b); and
2581 (b) ensure that the notice:
2582 (i) identifies:
2583 (A) the purpose for the issuance of the bonds;
2584 (B) the maximum principal amount of the bonds to be issued;
2585 (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
2586 (D) the time, place, and location of the public hearing; and
2587 (ii) informs the public that the public hearing will be held for the purposes described in
2588 Subsection (1)(b)(ii).
2589 Section 42. Section 11-36a-501 is amended to read:
2590 11-36a-501. Notice of intent to prepare an impact fee facilities plan.
2591 (1) Before preparing or amending an impact fee facilities plan, a local political
2592 subdivision or private entity shall provide written notice of its intent to prepare or amend an
2593 impact fee facilities plan.
2594 (2) A notice required under Subsection (1) shall:
2595 (a) indicate that the local political subdivision or private entity intends to prepare or
2596 amend an impact fee facilities plan;
2597 (b) describe or provide a map of the geographic area where the proposed impact fee
2598 facilities will be located; and
2599 (c) subject to Subsection (3), be posted on the Utah Public Notice Website created
2600 under Section [
2601 (3) For a private entity required to post notice on the Utah Public Notice Website under
2602 Subsection (2)(c):
2603 (a) the private entity shall give notice to the general purpose local government in which
2604 the private entity's private business office is located; and
2605 (b) the general purpose local government described in Subsection (3)(a) shall post the
2606 notice on the Utah Public Notice Website.
2607 Section 43. Section 11-36a-503 is amended to read:
2608 11-36a-503. Notice of preparation of an impact fee analysis.
2609 (1) Before preparing or contracting to prepare an impact fee analysis, each local
2610 political subdivision or, subject to Subsection (2), private entity shall post a public notice on
2611 the Utah Public Notice Website created under Section [
2612 (2) For a private entity required to post notice on the Utah Public Notice Website under
2613 Subsection (1):
2614 (a) the private entity shall give notice to the general purpose local government in which
2615 the private entity's primary business is located; and
2616 (b) the general purpose local government described in Subsection (2)(a) shall post the
2617 notice on the Utah Public Notice Website.
2618 Section 44. Section 11-36a-504 is amended to read:
2619 11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing --
2620 Protections.
2621 (1) Before adopting an impact fee enactment:
2622 (a) a municipality legislative body shall:
2623 (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee
2624 enactment were a land use regulation;
2625 (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment
2626 were a land use regulation; and
2627 (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2628 Section 10-9a-801 as if the impact fee were a land use regulation;
2629 (b) a county legislative body shall:
2630 (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee
2631 enactment were a land use regulation;
2632 (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee
2633 enactment were a land use regulation; and
2634 (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2635 Section 17-27a-801 as if the impact fee were a land use regulation;
2636 (c) a local district or special service district shall:
2637 (i) comply with the notice and hearing requirements of Section 17B-1-111; and
2638 (ii) receive the protections of Section 17B-1-111;
2639 (d) a local political subdivision shall at least 10 days before the day on which a public
2640 hearing is scheduled in accordance with this section:
2641 (i) make a copy of the impact fee enactment available to the public; and
2642 (ii) post notice of the local political subdivision's intent to enact or modify the impact
2643 fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice
2644 Website created under Section [
2645 (e) a local political subdivision shall submit a copy of the impact fee analysis and a
2646 copy of the summary of the impact fee analysis prepared in accordance with Section
2647 11-36a-303 on its website or to each public library within the local political subdivision.
2648 (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
2649 commission in the impact fee enactment process.
2650 Section 45. Section 11-42-202 is amended to read:
2651 11-42-202. Requirements applicable to a notice of a proposed assessment area
2652 designation.
2653 (1) Each notice required under Subsection 11-42-201(2)(a) shall:
2654 (a) state that the local entity proposes to:
2655 (i) designate one or more areas within the local entity's jurisdictional boundaries as an
2656 assessment area;
2657 (ii) provide an improvement to property within the proposed assessment area; and
2658 (iii) finance some or all of the cost of improvements by an assessment on benefitted
2659 property within the assessment area;
2660 (b) describe the proposed assessment area by any reasonable method that allows an
2661 owner of property in the proposed assessment area to determine that the owner's property is
2662 within the proposed assessment area;
2663 (c) describe, in a general and reasonably accurate way, the improvements to be
2664 provided to the assessment area, including:
2665 (i) the nature of the improvements; and
2666 (ii) the location of the improvements, by reference to streets or portions or extensions
2667 of streets or by any other means that the governing body chooses that reasonably describes the
2668 general location of the improvements;
2669 (d) state the estimated cost of the improvements as determined by a project engineer;
2670 (e) for the version of notice mailed in accordance with Subsection (4)(b), state the
2671 estimated total assessment specific to the benefitted property for which the notice is mailed;
2672 (f) state that the local entity proposes to levy an assessment on benefitted property
2673 within the assessment area to pay some or all of the cost of the improvements according to the
2674 estimated benefits to the property from the improvements;
2675 (g) if applicable, state that an unassessed benefitted government property will receive
2676 improvements for which the cost will be allocated proportionately to the remaining benefitted
2677 properties within the proposed assessment area and that a description of each unassessed
2678 benefitted government property is available for public review at the location or website
2679 described in Subsection (6);
2680 (h) state the assessment method by which the governing body proposes to calculate the
2681 proposed assessment, including, if the local entity is a municipality or county, whether the
2682 assessment will be collected:
2683 (i) by directly billing a property owner; or
2684 (ii) by inclusion on a property tax notice issued in accordance with Section 59-2-1317
2685 and in compliance with Section 11-42-401;
2686 (i) state:
2687 (i) the date described in Section 11-42-203 and the location at which protests against
2688 designation of the proposed assessment area or of the proposed improvements are required to
2689 be filed;
2690 (ii) the method by which the governing body will determine the number of protests
2691 required to defeat the designation of the proposed assessment area or acquisition or
2692 construction of the proposed improvements; and
2693 (iii) in large, boldface, and conspicuous type that a property owner must protest the
2694 designation of the assessment area in writing if the owner objects to the area designation or
2695 being assessed for the proposed improvements, operation and maintenance costs, or economic
2696 promotion activities;
2697 (j) state the date, time, and place of the public hearing required in Section 11-42-204;
2698 (k) if the governing body elects to create and fund a reserve fund under Section
2699 11-42-702, include a description of:
2700 (i) how the reserve fund will be funded and replenished; and
2701 (ii) how remaining money in the reserve fund is to be disbursed upon full payment of
2702 the bonds;
2703 (l) if the governing body intends to designate a voluntary assessment area, include a
2704 property owner consent form that:
2705 (i) estimates the total assessment to be levied against the particular parcel of property;
2706 (ii) describes any additional benefits that the governing body expects the assessed
2707 property to receive from the improvements;
2708 (iii) designates the date and time by which the fully executed consent form is required
2709 to be submitted to the governing body; and
2710 (iv) if the governing body intends to enforce an assessment lien on the property in
2711 accordance with Subsection 11-42-502.1(2)(a)(ii)(C):
2712 (A) appoints a trustee that satisfies the requirements described in Section 57-1-21;
2713 (B) gives the trustee the power of sale; and
2714 (C) explains that if an assessment or an installment of an assessment is not paid when
2715 due, the local entity may sell the property owner's property to satisfy the amount due plus
2716 interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
2717 (m) if the local entity intends to levy an assessment to pay operation and maintenance
2718 costs or for economic promotion activities, include:
2719 (i) a description of the operation and maintenance costs or economic promotion
2720 activities to be paid by assessments and the initial estimated annual assessment to be levied;
2721 (ii) a description of how the estimated assessment will be determined;
2722 (iii) a description of how and when the governing body will adjust the assessment to
2723 reflect the costs of:
2724 (A) in accordance with Section 11-42-406, current economic promotion activities; or
2725 (B) current operation and maintenance costs;
2726 (iv) a description of the method of assessment if different from the method of
2727 assessment to be used for financing any improvement; and
2728 (v) a statement of the maximum number of years over which the assessment will be
2729 levied for:
2730 (A) operation and maintenance costs; or
2731 (B) economic promotion activities;
2732 (n) if the governing body intends to divide the proposed assessment area into
2733 classifications under Subsection 11-42-201(1)(b), include a description of the proposed
2734 classifications;
2735 (o) if applicable, state the portion and value of the improvement that will be increased
2736 in size or capacity to serve property outside of the assessment area and how the increases will
2737 be financed; and
2738 (p) state whether the improvements will be financed with a bond and, if so, the
2739 currently estimated interest rate and term of financing, subject to Subsection (2), for which the
2740 benefitted properties within the assessment area may be obligated.
2741 (2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
2742 interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
2743 subject to the market rate at the time of the issuance of the bond.
2744 (3) A notice required under Subsection 11-42-201(2)(a) may contain other information
2745 that the governing body considers to be appropriate, including:
2746 (a) the amount or proportion of the cost of the improvement to be paid by the local
2747 entity or from sources other than an assessment;
2748 (b) the estimated total amount of each type of assessment for the various improvements
2749 to be financed according to the method of assessment that the governing body chooses; and
2750 (c) provisions for any improvements described in Subsection 11-42-102(24)(a)(ii).
2751 (4) Each notice required under Subsection 11-42-201(2)(a) shall:
2752 (a) (i) (A) be published in a newspaper of general circulation within the local entity's
2753 jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
2754 least five but not more than 20 days before the day of the hearing required in Section
2755 11-42-204; or
2756 (B) if there is no newspaper of general circulation within the local entity's jurisdictional
2757 boundaries, be posted in at least three public places within the local entity's jurisdictional
2758 boundaries at least 20 but not more than 35 days before the day of the hearing required in
2759 Section 11-42-204; and
2760 (ii) be published on the Utah Public Notice Website described in Section [
2761 63A-12-201 for four weeks before the deadline for filing protests specified in the notice under
2762 Subsection (1)(i); and
2763 (b) be mailed, postage prepaid, within 10 days after the first publication or posting of
2764 the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
2765 assessment area at the property owner's mailing address.
2766 (5) (a) The local entity may record the version of the notice that is published or posted
2767 in accordance with Subsection (4)(a) with the office of the county recorder, by legal description
2768 and tax identification number as identified in county records, against the property proposed to
2769 be assessed.
2770 (b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
2771 after the day on which the local entity records the notice if the local entity has failed to adopt
2772 the designation ordinance or resolution under Section 11-42-201 designating the assessment
2773 area for which the notice was recorded.
2774 (6) A local entity shall make available on the local entity's website, or, if no website is
2775 available, at the local entity's place of business, the address and type of use of each unassessed
2776 benefitted government property described in Subsection (1)(g).
2777 (7) If a governing body fails to provide actual or constructive notice under this section,
2778 the local entity may not assess a levy against a benefitted property omitted from the notice
2779 unless:
2780 (a) the property owner gives written consent;
2781 (b) the property owner received notice under Subsection 11-42-401(2)(a)(iii) and did
2782 not object to the levy of the assessment before the final hearing of the board of equalization; or
2783 (c) the benefitted property is conveyed to a subsequent purchaser and, before the date
2784 of conveyance, the requirements of Subsections 11-42-206(3)(a)(i) and (ii), or, if applicable,
2785 Subsection 11-42-207(1)(d)(i) are met.
2786 Section 46. Section 11-42-402 is amended to read:
2787 11-42-402. Notice of assessment and board of equalization hearing.
2788 Each notice required under Subsection 11-42-401(2)(a)(iii) shall:
2789 (1) state:
2790 (a) that an assessment list is completed and available for examination at the offices of
2791 the local entity;
2792 (b) the total estimated or actual cost of the improvements;
2793 (c) the amount of the total estimated or actual cost of the proposed improvements to be
2794 paid by the local entity;
2795 (d) the amount of the assessment to be levied against benefitted property within the
2796 assessment area;
2797 (e) the assessment method used to calculate the proposed assessment;
2798 (f) the unit cost used to calculate the assessments shown on the assessment list, based
2799 on the assessment method used to calculate the proposed assessment; and
2800 (g) the dates, times, and place of the board of equalization hearings under Subsection
2801 11-42-401(2)(b)(i);
2802 (2) (a) beginning at least 20 but not more than 35 days before the day on which the first
2803 hearing of the board of equalization is held:
2804 (i) be published at least once in a newspaper of general circulation within the local
2805 entity's jurisdictional boundaries; or
2806 (ii) if there is no newspaper of general circulation within the local entity's jurisdictional
2807 boundaries, be posted in at least three public places within the local entity's jurisdictional
2808 boundaries; and
2809 (b) be published on the Utah Public Notice Website created in Section [
2810 63A-12-201 for 35 days immediately before the day on which the first hearing of the board of
2811 equalization is held; and
2812 (3) be mailed, postage prepaid, within 10 days after the first publication or posting of
2813 the notice under Subsection (2) to each owner of property to be assessed within the proposed
2814 assessment area at the property owner's mailing address.
2815 Section 47. Section 11-58-502 is amended to read:
2816 11-58-502. Public meeting to consider and discuss draft project area plan --
2817 Notice -- Adoption of plan.
2818 (1) The board shall hold at least one public meeting to consider and discuss a draft
2819 project area plan.
2820 (2) At least 10 days before holding a public meeting under Subsection (1), the board
2821 shall give notice of the public meeting:
2822 (a) to each taxing entity;
2823 (b) to a municipality in which the proposed project area is located or that is located
2824 within one-half mile of the proposed project area; and
2825 (c) on the Utah Public Notice Website created in Section [
2826 (3) Following consideration and discussion of the draft project area plan, and any
2827 modification of the project area plan under Subsection 11-58-501(2)(d), the board may adopt
2828 the draft project area plan or modified draft project area plan as the project area plan.
2829 Section 48. Section 11-58-801 is amended to read:
2830 11-58-801. Annual port authority budget -- Fiscal year -- Public hearing required
2831 -- Auditor forms -- Requirement to file annual budget.
2832 (1) The authority shall prepare and its board adopt an annual budget of revenues and
2833 expenditures for the authority for each fiscal year.
2834 (2) Each annual authority budget shall be adopted before June 22, except that the
2835 authority's initial budget shall be adopted as soon as reasonably practicable after the
2836 organization of the board and the beginning of authority operations.
2837 (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
2838 (4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
2839 annual budget.
2840 (b) The authority shall provide notice of the public hearing on the annual budget by
2841 publishing notice:
2842 (i) at least once in a newspaper of general circulation within the state, one week before
2843 the public hearing; and
2844 (ii) on the Utah Public Notice Website created in Section [
2845 at least one week immediately before the public hearing.
2846 (c) The authority shall make the annual budget available for public inspection at least
2847 three days before the date of the public hearing.
2848 (5) The state auditor shall prescribe the budget forms and the categories to be contained
2849 in each authority budget, including:
2850 (a) revenues and expenditures for the budget year;
2851 (b) legal fees; and
2852 (c) administrative costs, including rent, supplies, and other materials, and salaries of
2853 authority personnel.
2854 (6) (a) Within 30 days after adopting an annual budget, the board shall file a copy of
2855 the annual budget with the auditor of each county in which the authority jurisdictional land is
2856 located, the State Tax Commission, the state auditor, the State Board of Education, and each
2857 taxing entity that levies a tax on property from which the authority collects property tax
2858 differential.
2859 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
2860 state as a taxing entity is met if the authority files a copy with the State Tax Commission and
2861 the state auditor.
2862 Section 49. Section 11-59-401 is amended to read:
2863 11-59-401. Annual authority budget -- Fiscal year -- Public hearing and notice
2864 required -- Auditor forms.
2865 (1) The authority shall prepare and its board adopt an annual budget of revenues and
2866 expenditures for the authority for each fiscal year.
2867 (2) Each annual authority budget shall be adopted before June 22.
2868 (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
2869 (4) (a) Before adopting an annual budget, the authority board shall hold a public
2870 hearing on the annual budget.
2871 (b) The authority shall provide notice of the public hearing on the annual budget by
2872 publishing notice:
2873 (i) at least once in a newspaper of general circulation within the state, one week before
2874 the public hearing; and
2875 (ii) on the Utah Public Notice Website created in Section [
2876 at least one week immediately before the public hearing.
2877 (c) The authority shall make the annual budget available for public inspection at least
2878 three days before the date of the public hearing.
2879 (5) The state auditor shall prescribe the budget forms and the categories to be contained
2880 in each authority budget, including:
2881 (a) revenues and expenditures for the budget year;
2882 (b) legal fees; and
2883 (c) administrative costs, including rent, supplies, and other materials, and salaries of
2884 authority personnel.
2885 Section 50. Section 17-27a-203 is amended to read:
2886 17-27a-203. Notice of intent to prepare a general plan or comprehensive general
2887 plan amendments in certain counties.
2888 (1) Before preparing a proposed general plan or a comprehensive general plan
2889 amendment, each county of the first or second class shall provide 10 calendar days notice of its
2890 intent to prepare a proposed general plan or a comprehensive general plan amendment:
2891 (a) to each affected entity;
2892 (b) to the Automated Geographic Reference Center created in Section 63F-1-506;
2893 (c) to the association of governments, established pursuant to an interlocal agreement
2894 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
2895 (d) on the Utah Public Notice Website created under Section [
2896 (2) Each notice under Subsection (1) shall:
2897 (a) indicate that the county intends to prepare a general plan or a comprehensive
2898 general plan amendment, as the case may be;
2899 (b) describe or provide a map of the geographic area that will be affected by the general
2900 plan or amendment;
2901 (c) be sent by mail, e-mail, or other effective means;
2902 (d) invite the affected entities to provide information for the county to consider in the
2903 process of preparing, adopting, and implementing a general plan or amendment concerning:
2904 (i) impacts that the use of land proposed in the proposed general plan or amendment
2905 may have; and
2906 (ii) uses of land within the county that the affected entity is considering that may
2907 conflict with the proposed general plan or amendment; and
2908 (e) include the address of an Internet website, if the county has one, and the name and
2909 telephone number of a person where more information can be obtained concerning the county's
2910 proposed general plan or amendment.
2911 Section 51. Section 17-27a-204 is amended to read:
2912 17-27a-204. Notice of public hearings and public meetings to consider general
2913 plan or modifications.
2914 (1) A county shall provide:
2915 (a) notice of the date, time, and place of the first public hearing to consider the original
2916 adoption or any modification of all or any portion of a general plan; and
2917 (b) notice of each public meeting on the subject.
2918 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
2919 days before the public hearing and shall be:
2920 (a) (i) published in a newspaper of general circulation in the area; and
2921 (ii) published on the Utah Public Notice Website created in Section [
2922 63A-12-201;
2923 (b) mailed to each affected entity; and
2924 (c) posted:
2925 (i) in at least three public locations within the county; or
2926 (ii) on the county's official website.
2927 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2928 before the meeting and shall be:
2929 (a) (i) submitted to a newspaper of general circulation in the area; and
2930 (ii) published on the Utah Public Notice Website created in Section [
2931 63A-12-201; and
2932 (b) posted:
2933 (i) in at least three public locations within the county; or
2934 (ii) on the county's official website.
2935 Section 52. Section 17-27a-205 is amended to read:
2936 17-27a-205. Notice of public hearings and public meetings on adoption or
2937 modification of land use regulation.
2938 (1) Each county shall give:
2939 (a) notice of the date, time, and place of the first public hearing to consider the
2940 adoption or modification of a land use regulation; and
2941 (b) notice of each public meeting on the subject.
2942 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
2943 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
2944 (b) posted:
2945 (i) in at least three public locations within the county; or
2946 (ii) on the county's official website; and
2947 (c) (i) published:
2948 (A) in a newspaper of general circulation in the area at least 10 calendar days before
2949 the public hearing; and
2950 (B) on the Utah Public Notice Website created in Section [
2951 least 10 calendar days before the public hearing; or
2952 (ii) mailed at least 10 days before the public hearing to:
2953 (A) each property owner whose land is directly affected by the land use ordinance
2954 change; and
2955 (B) each adjacent property owner within the parameters specified by county ordinance.
2956 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2957 before the hearing and shall be posted:
2958 (a) in at least three public locations within the county; or
2959 (b) on the county's official website.
2960 (4) (a) A county shall send a courtesy notice to each owner of private real property
2961 whose property is located entirely or partially within the proposed zoning map enactment or
2962 amendment at least 10 days before the scheduled day of the public hearing.
2963 (b) The notice shall:
2964 (i) identify with specificity each owner of record of real property that will be affected
2965 by the proposed zoning map or map amendments;
2966 (ii) state the current zone in which the real property is located;
2967 (iii) state the proposed new zone for the real property;
2968 (iv) provide information regarding or a reference to the proposed regulations,
2969 prohibitions, and permitted uses that the property will be subject to if the zoning map or map
2970 amendment is adopted;
2971 (v) state that the owner of real property may no later than 10 days after the day of the
2972 first public hearing file a written objection to the inclusion of the owner's property in the
2973 proposed zoning map or map amendment;
2974 (vi) state the address where the property owner should file the protest;
2975 (vii) notify the property owner that each written objection filed with the county will be
2976 provided to the county legislative body; and
2977 (viii) state the location, date, and time of the public hearing described in Section
2978 17-27a-502.
2979 (c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
2980 for a public hearing on a zoning map or map amendment, the notice required in this Subsection
2981 (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
2982 separately.
2983 Section 53. Section 17-27a-208 is amended to read:
2984 17-27a-208. Hearing and notice for petition to vacate a public street.
2985 (1) For any petition to vacate some or all of a public street or county utility easement,
2986 the legislative body shall:
2987 (a) hold a public hearing; and
2988 (b) give notice of the date, place, and time of the hearing, as provided in Subsection
2989 (2).
2990 (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
2991 body shall ensure that the notice required under Subsection (1)(b) is:
2992 (a) mailed to the record owner of each parcel that is accessed by the public street or
2993 county utility easement;
2994 (b) mailed to each affected entity;
2995 (c) posted on or near the public street or county utility easement in a manner that is
2996 calculated to alert the public; and
2997 (d) (i) published on the website of the county in which the land subject to the petition is
2998 located until the public hearing concludes; and
2999 (ii) published on the Utah Public Notice Website created in Section [
3000 63A-12-201.
3001 Section 54. Section 17-27a-306 is amended to read:
3002 17-27a-306. Planning advisory areas.
3003 (1) (a) A planning advisory area may be established as provided in this Subsection (1).
3004 (b) A planning advisory area may not be established unless the area to be included
3005 within the proposed planning advisory area:
3006 (i) is unincorporated;
3007 (ii) is contiguous; and
3008 (iii) (A) contains:
3009 (I) at least 20% but not more than 80% of:
3010 (Aa) the total private land area in the unincorporated county; or
3011 (Bb) the total value of locally assessed taxable property in the unincorporated county;
3012 or
3013 (II) (Aa) in a county of the second or third class, at least 5% of the total population of
3014 the unincorporated county, but not less than 300 residents; or
3015 (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
3016 of the unincorporated county; or
3017 (B) has been declared by the United States Census Bureau as a census designated
3018 place.
3019 (c) (i) The process to establish a planning advisory area is initiated by the filing of a
3020 petition with the clerk of the county in which the proposed planning advisory area is located.
3021 (ii) A petition to establish a planning advisory area may not be filed if it proposes the
3022 establishment of a planning advisory area that includes an area within a proposed planning
3023 advisory area in a petition that has previously been certified under Subsection (1)(g), until after
3024 the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
3025 (d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
3026 (i) be signed by the owners of private real property that:
3027 (A) is located within the proposed planning advisory area;
3028 (B) covers at least 10% of the total private land area within the proposed planning
3029 advisory area; and
3030 (C) is equal in value to at least 10% of the value of all private real property within the
3031 proposed planning advisory area;
3032 (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
3033 area proposed to be established as a planning advisory area;
3034 (iii) indicate the typed or printed name and current residence address of each owner
3035 signing the petition;
3036 (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
3037 be designated as the contact sponsor, with the mailing address and telephone number of each
3038 petition sponsor;
3039 (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
3040 petition for purposes of the petition; and
3041 (vi) request the county legislative body to provide notice of the petition and of a public
3042 hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
3043 advisory area.
3044 (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area
3045 to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
3046 Incorporation.
3047 (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
3048 the establishment of a planning advisory area in a county of the second class, the county clerk
3049 shall provide notice of the filing of the petition to:
3050 (A) each owner of real property owning more than 1% of the assessed value of all real
3051 property within the proposed planning advisory area; and
3052 (B) each owner of real property owning more than 850 acres of real property within the
3053 proposed planning advisory area.
3054 (ii) A property owner may exclude all or part of the property owner's property from a
3055 proposed planning advisory area in a county of the second class:
3056 (A) if:
3057 (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
3058 property within the proposed planning advisory area;
3059 (IIii) the property is nonurban; and
3060 (IIIiii) the property does not or will not require municipal provision of municipal-type
3061 services; or
3062 (Bb) the property owner owns more than 850 acres of real property within the proposed
3063 planning advisory area; and
3064 (II) exclusion of the property will not leave within the planning advisory area an island
3065 of property that is not part of the planning advisory area; and
3066 (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
3067 under Subsection (1)(f)(i).
3068 (iii) (A) The county legislative body shall exclude from the proposed planning advisory
3069 area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
3070 the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
3071 (B) If the county legislative body excludes property from a proposed planning advisory
3072 area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
3073 exclusion, send written notice of its action to the contact sponsor.
3074 (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
3075 clerk shall:
3076 (A) with the assistance of other county officers from whom the clerk requests
3077 assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
3078 and
3079 (B) (I) if the clerk determines that the petition complies with the requirements of
3080 Subsection (1)(d):
3081 (Aa) certify the petition and deliver the certified petition to the county legislative body;
3082 and
3083 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3084 (II) if the clerk determines that the petition fails to comply with any of the requirements
3085 of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
3086 rejection and the reasons for the rejection.
3087 (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
3088 may be amended to correct the deficiencies for which it was rejected and then refiled with the
3089 county clerk.
3090 (h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
3091 the county legislative body shall hold a public hearing on the proposal to establish a planning
3092 advisory area.
3093 (ii) A public hearing under Subsection (1)(h)(i) shall be:
3094 (A) within the boundary of the proposed planning advisory area; or
3095 (B) if holding a public hearing in that area is not practicable, as close to that area as
3096 practicable.
3097 (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
3098 county legislative body shall publish notice of the petition and the time, date, and place of the
3099 public hearing:
3100 (A) at least once in a newspaper of general circulation in the county; and
3101 (B) on the Utah Public Notice Website created in Section [
3102 (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
3103 shall arrange for the proposal to establish a planning advisory area to be submitted to voters
3104 residing within the proposed planning advisory area at the next regular general election that is
3105 more than 90 days after the public hearing.
3106 (j) A planning advisory area is established at the time of the canvass of the results of an
3107 election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
3108 proposal to establish a planning advisory area voted in favor of the proposal.
3109 (k) An area that is an established township before May 12, 2015:
3110 (i) is, as of May 12, 2015, a planning advisory area; and
3111 (ii) (A) shall change its name, if applicable, to no longer include the word "township";
3112 and
3113 (B) may use the word "planning advisory area" in its name.
3114 (2) The county legislative body may:
3115 (a) assign to the countywide planning commission the duties established in this part
3116 that would have been assumed by a planning advisory area planning commission designated
3117 under Subsection (2)(b); or
3118 (b) designate and appoint a planning commission for the planning advisory area.
3119 (3) (a) An area within the boundary of a planning advisory area may be withdrawn
3120 from the planning advisory area as provided in this Subsection (3) or in accordance with
3121 Subsection (5)(a).
3122 (b) The process to withdraw an area from a planning advisory area is initiated by the
3123 filing of a petition with the clerk of the county in which the planning advisory area is located.
3124 (c) A petition under Subsection (3)(b) shall:
3125 (i) be signed by the owners of private real property that:
3126 (A) is located within the area proposed to be withdrawn from the planning advisory
3127 area;
3128 (B) covers at least 50% of the total private land area within the area proposed to be
3129 withdrawn from the planning advisory area; and
3130 (C) is equal in value to at least 33% of the value of all private real property within the
3131 area proposed to be withdrawn from the planning advisory area;
3132 (ii) state the reason or reasons for the proposed withdrawal;
3133 (iii) be accompanied by an accurate plat or map showing the boundary of the
3134 contiguous area proposed to be withdrawn from the planning advisory area;
3135 (iv) indicate the typed or printed name and current residence address of each owner
3136 signing the petition;
3137 (v) designate up to five signers of the petition as petition sponsors, one of whom shall
3138 be designated as the contact sponsor, with the mailing address and telephone number of each
3139 petition sponsor;
3140 (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
3141 petition for purposes of the petition; and
3142 (vii) request the county legislative body to withdraw the area from the planning
3143 advisory area.
3144 (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning
3145 advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
3146 2a, Municipal Incorporation.
3147 (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
3148 clerk shall:
3149 (A) with the assistance of other county officers from whom the clerk requests
3150 assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
3151 and
3152 (B) (I) if the clerk determines that the petition complies with the requirements of
3153 Subsection (3)(c):
3154 (Aa) certify the petition and deliver the certified petition to the county legislative body;
3155 and
3156 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3157 (II) if the clerk determines that the petition fails to comply with any of the requirements
3158 of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
3159 and the reasons for the rejection.
3160 (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
3161 may be amended to correct the deficiencies for which it was rejected and then refiled with the
3162 county clerk.
3163 (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
3164 is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
3165 the area from the planning advisory area.
3166 (ii) A public hearing under Subsection (3)(f)(i) shall be held:
3167 (A) within the area proposed to be withdrawn from the planning advisory area; or
3168 (B) if holding a public hearing in that area is not practicable, as close to that area as
3169 practicable.
3170 (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
3171 body shall:
3172 (A) publish notice of the petition and the time, date, and place of the public hearing:
3173 (I) at least once a week for three consecutive weeks in a newspaper of general
3174 circulation in the planning advisory area; and
3175 (II) on the Utah Public Notice Website created in Section [
3176 three consecutive weeks; and
3177 (B) mail a notice of the petition and the time, date, and place of the public hearing to
3178 each owner of private real property within the area proposed to be withdrawn.
3179 (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
3180 legislative body shall make a written decision on the proposal to withdraw the area from the
3181 planning advisory area.
3182 (ii) In making its decision as to whether to withdraw the area from the planning
3183 advisory area, the county legislative body shall consider:
3184 (A) whether the withdrawal would leave the remaining planning advisory area in a
3185 situation where the future incorporation of an area within the planning advisory area or the
3186 annexation of an area within the planning advisory area to an adjoining municipality would be
3187 economically or practically not feasible;
3188 (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
3189 area:
3190 (I) whether the proposed subsequent incorporation or withdrawal:
3191 (Aa) will leave or create an unincorporated island or peninsula; or
3192 (Bb) will leave the county with an area within its unincorporated area for which the
3193 cost, requirements, or other burdens of providing municipal services would materially increase
3194 over previous years; and
3195 (II) whether the municipality to be created or the municipality into which the
3196 withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
3197 providing service to the withdrawn area that the county will no longer provide due to the
3198 incorporation or annexation;
3199 (C) the effects of a withdrawal on adjoining property owners, existing or projected
3200 county streets or other public improvements, law enforcement, and zoning and other municipal
3201 services provided by the county; and
3202 (D) whether justice and equity favor the withdrawal.
3203 (h) Upon the written decision of the county legislative body approving the withdrawal
3204 of an area from a planning advisory area, the area is withdrawn from the planning advisory area
3205 and the planning advisory area continues as a planning advisory area with a boundary that
3206 excludes the withdrawn area.
3207 (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
3208 (b) The process to dissolve a planning advisory area is initiated by the filing of a
3209 petition with the clerk of the county in which the planning advisory area is located.
3210 (c) A petition under Subsection (4)(b) shall:
3211 (i) be signed by registered voters within the planning advisory area equal in number to
3212 at least 25% of all votes cast by voters within the planning advisory area at the last
3213 congressional election;
3214 (ii) state the reason or reasons for the proposed dissolution;
3215 (iii) indicate the typed or printed name and current residence address of each person
3216 signing the petition;
3217 (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
3218 be designated as the contact sponsor, with the mailing address and telephone number of each
3219 petition sponsor;
3220 (v) authorize the petition sponsors to act on behalf of all persons signing the petition
3221 for purposes of the petition; and
3222 (vi) request the county legislative body to provide notice of the petition and of a public
3223 hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
3224 advisory area.
3225 (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
3226 clerk shall:
3227 (A) with the assistance of other county officers from whom the clerk requests
3228 assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
3229 and
3230 (B) (I) if the clerk determines that the petition complies with the requirements of
3231 Subsection (4)(c):
3232 (Aa) certify the petition and deliver the certified petition to the county legislative body;
3233 and
3234 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3235 (II) if the clerk determines that the petition fails to comply with any of the requirements
3236 of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
3237 and the reasons for the rejection.
3238 (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
3239 may be amended to correct the deficiencies for which it was rejected and then refiled with the
3240 county clerk.
3241 (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
3242 the county legislative body shall hold a public hearing on the proposal to dissolve the planning
3243 advisory area.
3244 (ii) A public hearing under Subsection (4)(e)(i) shall be held:
3245 (A) within the boundary of the planning advisory area; or
3246 (B) if holding a public hearing in that area is not practicable, as close to that area as
3247 practicable.
3248 (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
3249 body shall publish notice of the petition and the time, date, and place of the public hearing:
3250 (A) at least once a week for three consecutive weeks in a newspaper of general
3251 circulation in the planning advisory area; and
3252 (B) on the Utah Public Notice Website created in Section [
3253 three consecutive weeks immediately before the public hearing.
3254 (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
3255 shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
3256 residing within the planning advisory area at the next regular general election that is more than
3257 90 days after the public hearing.
3258 (g) A planning advisory area is dissolved at the time of the canvass of the results of an
3259 election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
3260 proposal to dissolve the planning advisory area voted in favor of the proposal.
3261 (5) (a) If a portion of an area located within a planning advisory area is annexed by a
3262 municipality or incorporates, that portion is withdrawn from the planning advisory area.
3263 (b) If a planning advisory area in whole is annexed by a municipality or incorporates,
3264 the planning advisory area is dissolved.
3265 Section 55. Section 17-27a-404 is amended to read:
3266 17-27a-404. Public hearing by planning commission on proposed general plan or
3267 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
3268 by legislative body.
3269 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
3270 amend the general plan, the planning commission shall schedule and hold a public hearing on
3271 the proposed plan or amendment.
3272 (b) The planning commission shall provide notice of the public hearing, as required by
3273 Section 17-27a-204.
3274 (c) After the public hearing, the planning commission may modify the proposed
3275 general plan or amendment.
3276 (2) The planning commission shall forward the proposed general plan or amendment to
3277 the legislative body.
3278 (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
3279 shall provide notice of its intent to consider the general plan proposal.
3280 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
3281 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
3282 regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
3283 (3)(b).
3284 (ii) The hearing format shall allow adequate time for public comment at the actual
3285 public hearing, and shall also allow for public comment in writing to be submitted to the
3286 legislative body for not fewer than 90 days after the date of the public hearing.
3287 (c) (i) The legislative body shall give notice of the hearing in accordance with this
3288 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
3289 complete.
3290 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
3291 the state Legislature, executive director of the Department of Environmental Quality, the state
3292 planning coordinator, the Resource Development Coordinating Committee, and any other
3293 citizens or entities who specifically request notice in writing.
3294 (iii) Public notice shall be given by publication:
3295 (A) in at least one major Utah newspaper having broad general circulation in the state;
3296 (B) in at least one Utah newspaper having a general circulation focused mainly on the
3297 county where the proposed high-level nuclear waste or greater than class C radioactive waste
3298 site is to be located; and
3299 (C) on the Utah Public Notice Website created in Section [
3300 (iv) The notice shall be published to allow reasonable time for interested parties and
3301 the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
3302 including:
3303 (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
3304 the date of the hearing to be held under this Subsection (3); and
3305 (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
3306 date of the hearing to be held under this Subsection (3).
3307 (4) (a) After the public hearing required under this section, the legislative body may
3308 make any revisions to the proposed general plan that it considers appropriate.
3309 (b) The legislative body shall respond in writing and in a substantive manner to all
3310 those providing comments as a result of the hearing required by Subsection (3).
3311 (5) (a) The county legislative body may adopt or reject the proposed general plan or
3312 amendment either as proposed by the planning commission or after making any revision the
3313 county legislative body considers appropriate.
3314 (b) If the county legislative body rejects the proposed general plan or amendment, it
3315 may provide suggestions to the planning commission for its consideration.
3316 (6) The legislative body shall adopt:
3317 (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
3318 (b) a transportation and traffic circulation element as provided in Subsection
3319 17-27a-403(2)(a)(ii);
3320 (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
3321 provide a realistic opportunity to meet the need for additional moderate income housing; and
3322 (d) before August 1, 2017, a resource management plan as provided by Subsection
3323 17-27a-403(2)(a)(iv).
3324 Section 56. Section 17-36-12 is amended to read:
3325 17-36-12. Notice of budget hearing.
3326 (1) The governing body shall determine the time and place for the public hearing on the
3327 adoption of the budget.
3328 (2) Notice of such hearing shall be published:
3329 (a) (i) at least seven days before the hearing in at least one newspaper of general
3330 circulation within the county, if there is such a paper; or
3331 (ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
3332 three conspicuous places within the county seven days before the hearing;
3333 (b) on the Utah Public Notice Website created in Section [
3334 seven days before the hearing; and
3335 (c) on the home page of the county's website, either in full or as a link, if the county has
3336 a publicly viewable website, beginning at least seven days before the hearing and until the
3337 hearing takes place.
3338 Section 57. Section 17-36-26 is amended to read:
3339 17-36-26. Increase in budgetary fund or county general fund -- Public hearing.
3340 (1) Before the governing body may, by resolution, increase a budget appropriation of
3341 any budgetary fund, increase the budget of the county general fund, or make an amendment to a
3342 budgetary fund or the county general fund, the governing body shall hold a public hearing
3343 giving all interested parties an opportunity to be heard.
3344 (2) Notice of the public hearing described in Subsection (1) shall be published at least
3345 five days before the day of the hearing:
3346 (a) (i) in at least one issue of a newspaper generally circulated in the county; or
3347 (ii) if there is not a newspaper generally circulated in the county, the hearing may be
3348 published by posting notice in three conspicuous places within the county;
3349 (b) on the Utah Public Notice Website created under Section [
3350 and
3351 (c) on the home page of the county's website, either in full or as a link, if the county has
3352 a publicly viewable website, until the hearing takes place.
3353 Section 58. Section 17-41-304 is amended to read:
3354 17-41-304. Public hearing -- Review and action on proposal.
3355 (1) After receipt of the written reports from the advisory committee and planning
3356 commission, or after the 45 days have expired, whichever is earlier, the county or municipal
3357 legislative body shall:
3358 (a) schedule a public hearing;
3359 (b) provide notice of the public hearing by:
3360 (i) publishing notice:
3361 (A) in a newspaper having general circulation within:
3362 (I) the same county as the land proposed for inclusion within the agriculture protection
3363 area, industrial protection area, or critical infrastructure materials protection area, if the land is
3364 within the unincorporated part of the county; or
3365 (II) the same city or town as the land proposed for inclusion within an agriculture
3366 protection area, industrial protection area, or critical infrastructure materials protection area, if
3367 the land is within a city or town; and
3368 (B) on the Utah Public Notice Website created in Section [
3369 (ii) posting notice at five public places, designated by the applicable legislative body,
3370 within or near the proposed agriculture protection area, industrial protection area, or critical
3371 infrastructure materials protection area; and
3372 (iii) mailing written notice to each owner of land within 1,000 feet of the land proposed
3373 for inclusion within an agriculture protection area, industrial protection area, or critical
3374 infrastructure materials protection area; and
3375 (c) ensure that the notice includes:
3376 (i) the time, date, and place of the public hearing on the proposal;
3377 (ii) a description of the proposed agriculture protection area, industrial protection area,
3378 or critical infrastructure materials protection area;
3379 (iii) any proposed modifications to the proposed agriculture protection area, industrial
3380 protection area, or critical infrastructure materials protection area;
3381 (iv) a summary of the recommendations of the advisory committee and planning
3382 commission; and
3383 (v) a statement that interested persons may appear at the public hearing and speak in
3384 favor of or against the proposal, any proposed modifications to the proposal, or the
3385 recommendations of the advisory committee and planning commission.
3386 (2) The applicable legislative body shall:
3387 (a) convene the public hearing at the time, date, and place specified in the notice; and
3388 (b) take oral or written testimony from interested persons.
3389 (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
3390 body shall approve, modify and approve, or reject the proposal.
3391 (b) The creation of an agriculture protection area, industrial protection area, or critical
3392 infrastructure materials protection area is effective at the earlier of:
3393 (i) the applicable legislative body's approval of a proposal or modified proposal; or
3394 (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if
3395 the applicable legislative body has failed to approve or reject the proposal within that time.
3396 (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
3397 is effective only if the applicable legislative body, at its discretion, approves a proposal or
3398 modified proposal.
3399 (4) (a) To give constructive notice of the existence of the agriculture protection area,
3400 industrial protection area, or critical infrastructure materials protection area to all persons who
3401 have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
3402 protection area within 10 days of the creation of the relevant protection area, the applicable
3403 legislative body shall file an executed document containing a legal description of the relevant
3404 protection area with:
3405 (i) the county recorder of deeds; and
3406 (ii) the affected planning commission.
3407 (b) If the legal description of the property to be included in the relevant protection area
3408 is available through the county recorder's office, the applicable legislative body shall use that
3409 legal description in its executed document required in Subsection (4)(a).
3410 (5) Within 10 days of the recording of the agriculture protection area, the applicable
3411 legislative body shall:
3412 (a) send written notification to the commissioner of agriculture and food that the
3413 agriculture protection area has been created; and
3414 (b) include in the notification:
3415 (i) the number of landowners owning land within the agriculture protection area;
3416 (ii) the total acreage of the area;
3417 (iii) the date of approval of the area; and
3418 (iv) the date of recording.
3419 (6) The applicable legislative body's failure to record the notice required under
3420 Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
3421 creation of an agriculture protection area.
3422 (7) The applicable legislative body may consider the cost of recording notice under
3423 Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
3424 under Subsection 17-41-301(4)(b).
3425 Section 59. Section 17-41-405 is amended to read:
3426 17-41-405. Eminent domain restrictions.
3427 (1) A political subdivision having or exercising eminent domain powers may not
3428 condemn for any purpose any land within an agriculture protection area that is being used for
3429 agricultural production, land within an industrial protection area that is being put to an
3430 industrial use, or land within a critical infrastructure materials protection area, unless the
3431 political subdivision obtains approval, according to the procedures and requirements of this
3432 section, from the applicable legislative body and the advisory board.
3433 (2) Any condemnor wishing to condemn property within an agriculture protection area,
3434 industrial protection area, or critical infrastructure materials protection area shall file a notice
3435 of condemnation with the applicable legislative body and the relevant protection area's advisory
3436 board at least 30 days before filing an eminent domain complaint.
3437 (3) The applicable legislative body and the advisory board shall:
3438 (a) hold a joint public hearing on the proposed condemnation at a location within the
3439 county in which the relevant protection area is located;
3440 (b) publish notice of the time, date, place, and purpose of the public hearing:
3441 (i) in a newspaper of general circulation within the relevant protection area; and
3442 (ii) on the Utah Public Notice Website created in Section [
3443 and
3444 (c) post notice of the time, date, place, and purpose of the public hearing in five
3445 conspicuous public places, designated by the applicable legislative body, within or near the
3446 relevant protection area.
3447 (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
3448 liquid waste materials, the applicable legislative body and the advisory board may approve the
3449 condemnation only if there is no reasonable and prudent alternative to the use of the land
3450 within the agriculture protection area, industrial protection area, or critical infrastructure
3451 materials protection area for the project.
3452 (b) If the condemnation is for any other purpose, the applicable legislative body and the
3453 advisory board may approve the condemnation only if:
3454 (i) the proposed condemnation would not have an unreasonably adverse effect upon the
3455 preservation and enhancement of:
3456 (A) agriculture within the agriculture protection area;
3457 (B) the industrial use within the industrial protection area; or
3458 (C) critical infrastructure materials operations within the critical infrastructure
3459 materials protection area; or
3460 (ii) there is no reasonable and prudent alternative to the use of the land within the the
3461 relevant protection area for the project.
3462 (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
3463 legislative body and the advisory board shall approve or reject the proposed condemnation.
3464 (b) If the applicable legislative body and the advisory board fail to act within the 60
3465 days or such further time as the applicable legislative body establishes, the condemnation shall
3466 be considered rejected.
3467 (6) The applicable legislative body or the advisory board may request the county or
3468 municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
3469 this section.
3470 Section 60. Section 17-50-303 is amended to read:
3471 17-50-303. County may not give or lend credit -- County may borrow in
3472 anticipation of revenues -- Assistance to nonprofit and private entities.
3473 (1) A county may not give or lend its credit to or in aid of any person or corporation,
3474 or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
3475 (2) (a) A county may borrow money in anticipation of the collection of taxes and other
3476 county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
3477 Government Bonding Act.
3478 (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
3479 funds of the county may be expended.
3480 (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
3481 nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
3482 the county legislative body, the assistance contributes to the safety, health, prosperity, moral
3483 well-being, peace, order, comfort, or convenience of county residents.
3484 (b) A county may appropriate money to a nonprofit entity from the county's own funds
3485 or from funds the county receives from the state or any other source.
3486 (4) (a) As used in this Subsection (4):
3487 (i) "Private enterprise" means a person that engages in an activity for profit.
3488 (ii) "Project" means an activity engaged in by a private enterprise.
3489 (b) A county may appropriate money in aid of a private enterprise project if:
3490 (i) subject to Subsection (4)(c), the county receives value in return for the money
3491 appropriated; and
3492 (ii) in the judgment of the county legislative body, the private enterprise project
3493 provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
3494 convenience of the county residents.
3495 (c) The county shall measure the net value received by the county for money
3496 appropriated by the county to a private entity on a project-by-project basis over the life of the
3497 project.
3498 (d) (i) Before a county legislative body may appropriate funds in aid of a private
3499 enterprise project under this Subsection (4), the county legislative body shall:
3500 (A) adopt by ordinance criteria to determine what value, if any, the county will receive
3501 in return for money appropriated under this Subsection (4);
3502 (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
3503 and private enterprise project; and
3504 (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
3505 appropriation and the private enterprise project.
3506 (ii) The county legislative body may consider an intangible benefit as a value received
3507 by the county.
3508 (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
3509 county shall study:
3510 (A) any value the county will receive in return for money or resources appropriated to a
3511 private entity;
3512 (B) the county's purpose for the appropriation, including an analysis of the way the
3513 appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
3514 order, comfort, or convenience of the county residents; and
3515 (C) whether the appropriation is necessary and appropriate to accomplish the
3516 reasonable goals and objectives of the county in the area of economic development, job
3517 creation, affordable housing, elimination of a development impediment, as defined in Section
3518 17C-1-102, job preservation, the preservation of historic structures, analyzing and improving
3519 county government structure or property, or any other public purpose.
3520 (ii) The county shall:
3521 (A) prepare a written report of the results of the study; and
3522 (B) make the report available to the public at least 14 days immediately prior to the
3523 scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
3524 (f) The county shall publish notice of the public hearing required in Subsection
3525 (4)(d)(i)(C):
3526 (i) in a newspaper of general circulation at least 14 days before the date of the hearing
3527 or, if there is no newspaper of general circulation, by posting notice in at least three
3528 conspicuous places within the county for the same time period; and
3529 (ii) on the Utah Public Notice Website created in Section [
3530 least 14 days before the date of the hearing.
3531 (g) (i) A person may appeal the decision of the county legislative body to appropriate
3532 funds under this Subsection (4).
3533 (ii) A person shall file an appeal with the district court within 30 days after the day on
3534 which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
3535 (iii) A court shall:
3536 (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
3537 is valid; and
3538 (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
3539 illegal.
3540 (iv) A determination of illegality requires a determination that the decision or
3541 ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
3542 ordinance was adopted.
3543 (v) The district court's review is limited to:
3544 (A) a review of the criteria adopted by the county legislative body under Subsection
3545 (4)(d)(i)(A);
3546 (B) the record created by the county legislative body at the public hearing described in
3547 Subsection (4)(d)(i)(C); and
3548 (C) the record created by the county in preparation of the study and the study itself as
3549 described in Subsection (4)(e).
3550 (vi) If there is no record, the court may call witnesses and take evidence.
3551 (h) This section applies only to an appropriation not otherwise approved in accordance
3552 with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
3553 Section 61. Section 17B-1-106 is amended to read:
3554 17B-1-106. Notice before preparing or amending a long-range plan or acquiring
3555 certain property.
3556 (1) As used in this section:
3557 (a) (i) "Affected entity" means each county, municipality, local district under this title,
3558 special service district, school district, interlocal cooperation entity established under Title 11,
3559 Chapter 13, Interlocal Cooperation Act, and specified public utility:
3560 (A) whose services or facilities are likely to require expansion or significant
3561 modification because of an intended use of land; or
3562 (B) that has filed with the local district a copy of the general or long-range plan of the
3563 county, municipality, local district, school district, interlocal cooperation entity, or specified
3564 public utility.
3565 (ii) "Affected entity" does not include the local district that is required under this
3566 section to provide notice.
3567 (b) "Specified public utility" means an electrical corporation, gas corporation, or
3568 telephone corporation, as those terms are defined in Section 54-2-1.
3569 (2) (a) If a local district under this title located in a county of the first or second class
3570 prepares a long-range plan regarding its facilities proposed for the future or amends an already
3571 existing long-range plan, the local district shall, before preparing a long-range plan or
3572 amendments to an existing long-range plan, provide written notice, as provided in this section,
3573 of its intent to prepare a long-range plan or to amend an existing long-range plan.
3574 (b) Each notice under Subsection (2)(a) shall:
3575 (i) indicate that the local district intends to prepare a long-range plan or to amend a
3576 long-range plan, as the case may be;
3577 (ii) describe or provide a map of the geographic area that will be affected by the
3578 long-range plan or amendments to a long-range plan;
3579 (iii) be:
3580 (A) sent to each county in whose unincorporated area and each municipality in whose
3581 boundaries is located the land on which the proposed long-range plan or amendments to a
3582 long-range plan are expected to indicate that the proposed facilities will be located;
3583 (B) sent to each affected entity;
3584 (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506;
3585 (D) sent to each association of governments, established pursuant to an interlocal
3586 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
3587 municipality described in Subsection (2)(b)(iii)(A) is a member; and
3588 (E) (I) placed on the Utah Public Notice Website created under Section [
3589 63A-12-201, if the local district:
3590 (Aa) is required under Subsection 52-4-203(3) to use that website to provide public
3591 notice of a meeting; or
3592 (Bb) voluntarily chooses to place notice on that website despite not being required to
3593 do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
3594 (II) the state planning coordinator appointed under Section 63J-4-202, if the local
3595 district does not provide notice on the Utah Public Notice Website under Subsection
3596 (2)(b)(iii)(E)(I);
3597 (iv) with respect to the notice to counties and municipalities described in Subsection
3598 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
3599 consider in the process of preparing, adopting, and implementing the long-range plan or
3600 amendments to a long-range plan concerning:
3601 (A) impacts that the use of land proposed in the proposed long-range plan or
3602 amendments to a long-range plan may have on the county, municipality, or affected entity; and
3603 (B) uses of land that the county, municipality, or affected entity is planning or
3604 considering that may conflict with the proposed long-range plan or amendments to a long-range
3605 plan; and
3606 (v) include the address of an Internet website, if the local district has one, and the name
3607 and telephone number of a person where more information can be obtained concerning the
3608 local district's proposed long-range plan or amendments to a long-range plan.
3609 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
3610 real property in a county of the first or second class for the purpose of expanding the district's
3611 infrastructure or other facilities used for providing the services that the district is authorized to
3612 provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
3613 the property if the intended use of the property is contrary to:
3614 (i) the anticipated use of the property under the county or municipality's general plan;
3615 or
3616 (ii) the property's current zoning designation.
3617 (b) Each notice under Subsection (3)(a) shall:
3618 (i) indicate that the local district intends to acquire real property;
3619 (ii) identify the real property; and
3620 (iii) be sent to:
3621 (A) each county in whose unincorporated area and each municipality in whose
3622 boundaries the property is located; and
3623 (B) each affected entity.
3624 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
3625 63G-2-305(8).
3626 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
3627 previously provided notice under Subsection (2) identifying the general location within the
3628 municipality or unincorporated part of the county where the property to be acquired is located.
3629 (ii) If a local district is not required to comply with the notice requirement of
3630 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
3631 the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
3632 property.
3633 Section 62. Section 17B-1-211 is amended to read:
3634 17B-1-211. Notice of public hearings -- Publication of resolution.
3635 (1) Before holding a public hearing or set of public hearings under Section 17B-1-210,
3636 the legislative body of each county or municipality with which a request is filed or that adopts a
3637 resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local district
3638 that adopts a resolution under Subsection 17B-1-203(1)(e) shall:
3639 (a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
3640 in a newspaper or combination of newspapers of general circulation within the applicable area
3641 in accordance with Subsection (2); or
3642 (B) if there is no newspaper or combination of newspapers of general circulation
3643 within the applicable area, post notice in accordance with Subsection (2) at least one notice per
3644 1,000 population of that area and at places within the area that are most likely to provide actual
3645 notice to residents of the area; and
3646 (ii) publish notice on the Utah Public Notice Website created in Section [
3647 63A-12-201, for two weeks before the hearing or the first of the set of hearings; or
3648 (b) mail a notice to each registered voter residing within and each owner of real
3649 property located within the proposed local district.
3650 (2) Each published notice under Subsection (1)(a)(i)(A) shall:
3651 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
3652 surrounded by a 1/4-inch border;
3653 (b) if possible, appear in a newspaper that is published at least one day per week;
3654 (c) if possible, appear in a newspaper of general interest and readership in the area and
3655 not of limited subject matter;
3656 (d) be placed in a portion of the newspaper other than where legal notices and
3657 classified advertisements appear; and
3658 (e) be published once each week for four consecutive weeks, with the final publication
3659 being no fewer than five and no more than 20 days before the hearing or the first of the set of
3660 hearings.
3661 (3) Each notice required under Subsection (1) shall:
3662 (a) if the hearing or set of hearings is concerning a resolution:
3663 (i) contain the entire text or an accurate summary of the resolution; and
3664 (ii) state the deadline for filing a protest against the creation of the proposed local
3665 district;
3666 (b) clearly identify each governing body involved in the hearing or set of hearings;
3667 (c) state the date, time, and place for the hearing or set of hearings and the purposes for
3668 the hearing or set of hearings; and
3669 (d) describe or include a map of the entire proposed local district.
3670 (4) County or municipal legislative bodies may jointly provide the notice required
3671 under this section if all the requirements of this section are met as to each notice.
3672 Section 63. Section 17B-1-303 is amended to read:
3673 17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
3674 of board member contact information.
3675 (1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
3676 member of a board of trustees begins at noon on the January 1 following the member's election
3677 or appointment.
3678 (b) The term of each member of the initial board of trustees of a newly created local
3679 district begins:
3680 (i) upon appointment, for an appointed member; and
3681 (ii) upon the member taking the oath of office after the canvass of the election at which
3682 the member is elected, for an elected member.
3683 (c) The term of each water conservancy district board member whom the governor
3684 appoints in accordance with Subsection 17B-2a-1005(2)(c):
3685 (i) begins on the later of the following:
3686 (A) the date on which the Senate consents to the appointment; or
3687 (B) the expiration date of the prior term; and
3688 (ii) ends on the February 1 that is approximately four years after the date described in
3689 Subsection (1)(c)(i)(A) or (B).
3690 (d) The term of a member of a board of trustees whom an appointing authority appoints
3691 in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
3692 (e) If the member of the board of trustees fails to assume or qualify for office on
3693 January 1 for any reason, the term begins on the date the member assumes or qualifies for
3694 office.
3695 (2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
3696 and (iii), the term of each member of a board of trustees is four years, except that
3697 approximately half the members of the initial board of trustees, chosen by lot, shall serve a
3698 two-year term so that the term of approximately half the board members expires every two
3699 years.
3700 (ii) If the terms of members of the initial board of trustees of a newly created local
3701 district do not begin on January 1 because of application of Subsection (1)(b), the terms of
3702 those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the
3703 terms of their successors complying with:
3704 (A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
3705 a member's election or appointment; and
3706 (B) the requirement under Subsection (2)(a)(i) that terms be four years.
3707 (iii) If the term of a member of a board of trustees does not begin on January 1 because
3708 of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
3709 complying with the requirement under Subsection (1)(a) that the successor member's term,
3710 regardless of whether the incumbant is the successor, begins at noon on January 1 following the
3711 successor member's election or appointment.
3712 (iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
3713 subtract more than a year from a member's term.
3714 (b) Each board of trustees member shall serve until a successor is duly elected or
3715 appointed and qualified, unless the member earlier is removed from office or resigns or
3716 otherwise leaves office.
3717 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
3718 17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
3719 successor:
3720 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
3721 (ii) the member may continue to serve until a successor is duly elected or appointed
3722 and qualified.
3723 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
3724 shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
3725 (ii) A judge, county clerk, notary public, or the local district clerk may administer an
3726 oath of office.
3727 (b) The member of the board of trustees taking the oath of office shall file the oath of
3728 office with the clerk of the local district.
3729 (c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
3730 does not invalidate any official act of that member.
3731 (4) A board of trustees member may serve any number of terms.
3732 (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
3733 trustees position is filled in accordance with Section 20A-1-512.
3734 (b) When the number of members of a board of trustees increases in accordance with
3735 Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
3736 board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
3737 (6) (a) For purposes of this Subsection (6):
3738 (i) "Appointed official" means a person who:
3739 (A) is appointed as a member of a local district board of trustees by a county or
3740 municipality that is entitled to appoint a member to the board; and
3741 (B) holds an elected position with the appointing county or municipality.
3742 (ii) "Appointing entity" means the county or municipality that appointed the appointed
3743 official to the board of trustees.
3744 (b) The board of trustees shall declare a midterm vacancy for the board position held
3745 by an appointed official if:
3746 (i) during the appointed official's term on the board of trustees, the appointed official
3747 ceases to hold the elected position with the appointing entity; and
3748 (ii) the appointing entity submits a written request to the board to declare the vacancy.
3749 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
3750 appointing entity shall appoint another person to fill the remaining unexpired term on the board
3751 of trustees.
3752 (7) (a) Each member of a board of trustees shall give a bond for the faithful
3753 performance of the member's duties, in the amount and with the sureties that the board of
3754 trustees prescribes.
3755 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
3756 (8) (a) The lieutenant governor may extend the term of an elected district board
3757 member by one year in order to compensate for a change in the election year under Subsection
3758 17B-1-306(14).
3759 (b) When the number of members of a board of trustees increases in accordance with
3760 Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
3761 expires every two years in accordance with Subsection (2)(a):
3762 (i) the board shall set shorter terms for approximately half of the new board members,
3763 chosen by lot; and
3764 (ii) the initial term of a new board member position may be less than two or four years.
3765 (9) (a) A local district shall:
3766 (i) post on the Utah Public Notice Website created in Section [
3767 the name, phone number, and email address of each member of the local district's board of
3768 trustees;
3769 (ii) update the information described in Subsection (9)(a)(i) when:
3770 (A) the membership of the board of trustees changes; or
3771 (B) a member of the board of trustees' phone number or email address changes; and
3772 (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
3773 on which the change requiring the update occurs.
3774 (b) This Subsection (9) applies regardless of whether the county or municipal
3775 legislative body also serves as the board of trustees of the local district.
3776 Section 64. Section 17B-1-306 is amended to read:
3777 17B-1-306. Local district board -- Election procedures.
3778 (1) Except as provided in Subsection (12), each elected board member shall be selected
3779 as provided in this section.
3780 (2) (a) Each election of a local district board member shall be held:
3781 (i) at the same time as the municipal general election or the regular general election, as
3782 applicable; and
3783 (ii) at polling places designated by the local district board in consultation with the
3784 county clerk for each county in which the local district is located, which polling places shall
3785 coincide with municipal general election or regular general election polling places, as
3786 applicable, whenever feasible.
3787 (b) The local district board, in consultation with the county clerk, may consolidate two
3788 or more polling places to enable voters from more than one district to vote at one consolidated
3789 polling place.
3790 (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
3791 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
3792 polling place per division of the district, designated by the district board.
3793 (ii) Each polling place designated by an irrigation district board under Subsection
3794 (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
3795 (2)(a)(ii).
3796 (3) The clerk of each local district with a board member position to be filled at the next
3797 municipal general election or regular general election, as applicable, shall provide notice of:
3798 (a) each elective position of the local district to be filled at the next municipal general
3799 election or regular general election, as applicable;
3800 (b) the constitutional and statutory qualifications for each position; and
3801 (c) the dates and times for filing a declaration of candidacy.
3802 (4) The clerk of the local district shall publish the notice described in Subsection (3):
3803 (a) by posting the notice on the Utah Public Notice Website created in Section
3804 [
3805 and
3806 (b) (i) by posting the notice in at least five public places within the local district at least
3807 10 days before the first day for filing a declaration of candidacy; or
3808 (ii) publishing the notice:
3809 (A) in a newspaper of general circulation within the local district at least three but no
3810 more than 10 days before the first day for filing a declaration of candidacy;
3811 (B) in accordance with Section 45-1-101, for 10 days before the first day for filing a
3812 declaration of candidacy; and
3813 (c) if the local district has a website, on the local district's website for 10 days before
3814 the first day for filing a declaration of candidacy.
3815 (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
3816 local district board position, an individual shall file a declaration of candidacy in person with
3817 an official designated by the local district, during office hours, within the candidate filing
3818 period for the applicable election year in which the election for the local district board is held.
3819 (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
3820 filing time shall be extended until the close of normal office hours on the following regular
3821 business day.
3822 (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
3823 declaration of candidacy with the official designated by the local district if:
3824 (i) the individual is located outside of the state during the entire filing period;
3825 (ii) the designated agent appears in person before the official designated by the local
3826 district; and
3827 (iii) the individual communicates with the official designated by the local district using
3828 an electronic device that allows the individual and official to see and hear each other.
3829 (d) (i) Before the filing officer may accept any declaration of candidacy from an
3830 individual, the filing officer shall:
3831 (A) read to the individual the constitutional and statutory qualification requirements for
3832 the office that the individual is seeking; and
3833 (B) require the individual to state whether the individual meets those requirements.
3834 (ii) If the individual does not meet the qualification requirements for the office, the
3835 filing officer may not accept the individual's declaration of candidacy.
3836 (iii) If it appears that the individual meets the requirements of candidacy, the filing
3837 officer shall accept the individual's declaration of candidacy.
3838 (e) The declaration of candidacy shall be in substantially the following form:
3839 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
3840 ____________, City of ________________, County of ________________, state of Utah, (Zip
3841 Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
3842 office of board of trustees member for _______________________ (state the name of the local
3843 district); that I am a candidate for that office to be voted upon at the next election; and that, if
3844 filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
3845 period, and I hereby request that my name be printed upon the official ballot for that election.
3846 (Signed) _________________________________________
3847 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
3848 of ____________, ____.
3849 (Signed) ________________________
3850 (Clerk or Notary Public)"
3851 (f) An agent designated under Subsection (5)(c) may not sign the form described in
3852 Subsection (5)(e).
3853 (g) Each individual wishing to become a valid write-in candidate for an elective local
3854 district board position is governed by Section 20A-9-601.
3855 (h) If at least one individual does not file a declaration of candidacy as required by this
3856 section, an individual shall be appointed to fill that board position in accordance with the
3857 appointment provisions of Section 20A-1-512.
3858 (i) If only one candidate files a declaration of candidacy and there is no write-in
3859 candidate who complies with Section 20A-9-601, the board, in accordance with Section
3860 20A-1-206, may:
3861 (i) consider the candidate to be elected to the position; and
3862 (ii) cancel the election.
3863 (6) (a) A primary election may be held if:
3864 (i) the election is authorized by the local district board; and
3865 (ii) the number of candidates for a particular local board position or office exceeds
3866 twice the number of persons needed to fill that position or office.
3867 (b) The primary election shall be conducted:
3868 (i) on the same date as the municipal primary election or the regular primary election,
3869 as applicable; and
3870 (ii) according to the procedures for primary elections provided under Title 20A,
3871 Election Code.
3872 (7) (a) Except as provided in Subsection (7)(c), within one business day after the
3873 deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
3874 names to the clerk of each county in which the local district is located.
3875 (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
3876 20A-6-305, the clerk of each county in which the local district is located and the local district
3877 clerk shall coordinate the placement of the name of each candidate for local district office in
3878 the nonpartisan section of the ballot with the appropriate election officer.
3879 (ii) If consolidation of the local district election ballot with the municipal general
3880 election ballot or the regular general election ballot, as applicable, is not feasible, the local
3881 district board of trustees, in consultation with the county clerk, shall provide for a separate
3882 local district election ballot to be administered by poll workers at polling locations designated
3883 under Subsection (2).
3884 (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
3885 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
3886 (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
3887 prescribe the form of the ballot for each board member election.
3888 (B) Each ballot for an election of an irrigation district board member shall be in a
3889 nonpartisan format.
3890 (C) The name of each candidate shall be placed on the ballot in the order specified
3891 under Section 20A-6-305.
3892 (8) (a) Each voter at an election for a board of trustees member of a local district shall:
3893 (i) be a registered voter within the district, except for an election of:
3894 (A) an irrigation district board of trustees member; or
3895 (B) a basic local district board of trustees member who is elected by property owners;
3896 and
3897 (ii) meet the requirements to vote established by the district.
3898 (b) Each voter may vote for as many candidates as there are offices to be filled.
3899 (c) The candidates who receive the highest number of votes are elected.
3900 (9) Except as otherwise provided by this section, the election of local district board
3901 members is governed by Title 20A, Election Code.
3902 (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
3903 local district board shall serve a four-year term, beginning at noon on the January 1 after the
3904 person's election.
3905 (b) A person elected shall be sworn in as soon as practical after January 1.
3906 (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
3907 the county or municipality holding an election under this section for the costs of the election
3908 attributable to that local district.
3909 (b) Each irrigation district shall bear its own costs of each election it holds under this
3910 section.
3911 (12) This section does not apply to an improvement district that provides electric or gas
3912 service.
3913 (13) Except as provided in Subsection 20A-3-605(1)(b), the provisions of Title 20A,
3914 Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
3915 (14) (a) As used in this Subsection (14), "board" means:
3916 (i) a local district board; or
3917 (ii) the administrative control board of a special service district that has elected
3918 members on the board.
3919 (b) A board may hold elections for membership on the board at a regular general
3920 election instead of a municipal general election if the board submits an application to the
3921 lieutenant governor that:
3922 (i) requests permission to hold elections for membership on the board at a regular
3923 general election instead of a municipal general election; and
3924 (ii) indicates that holding elections at the time of the regular general election is
3925 beneficial, based on potential cost savings, a potential increase in voter turnout, or another
3926 material reason.
3927 (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
3928 governor may approve the application if the lieutenant governor concludes that holding the
3929 elections at the regular general election is beneficial based on the criteria described in
3930 Subsection (14)(b)(ii).
3931 (d) If the lieutenant governor approves a board's application described in this section:
3932 (i) all future elections for membership on the board shall be held at the time of the
3933 regular general election; and
3934 (ii) the board may not hold elections at the time of a municipal general election unless
3935 the board receives permission from the lieutenant governor to hold all future elections for
3936 membership on the board at a municipal general election instead of a regular general election,
3937 under the same procedure, and by applying the same criteria, described in this Subsection (14).
3938 Section 65. Section 17B-1-413 is amended to read:
3939 17B-1-413. Hearing, notice, and protest provisions do not apply for certain
3940 petitions.
3941 (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a),
3942 Sections 17B-1-409 and 17B-1-410 do not apply:
3943 (a) if the process to annex an area to a local district was initiated by:
3944 (i) a petition under Subsection 17B-1-403(1)(a)(i);
3945 (ii) a petition under Subsection 17B-1-403(1)(a)(ii)(A) that was signed by the owners
3946 of private real property that:
3947 (A) is located within the area proposed to be annexed;
3948 (B) covers at least 75% of the total private land area within the entire area proposed to
3949 be annexed and within each applicable area; and
3950 (C) is equal in assessed value to at least 75% of the assessed value of all private real
3951 property within the entire area proposed to be annexed and within each applicable area; or
3952 (iii) a petition under Subsection 17B-1-403(1)(a)(ii)(B) that was signed by registered
3953 voters residing within the entire area proposed to be annexed and within each applicable area
3954 equal in number to at least 75% of the number of votes cast within the entire area proposed to
3955 be annexed and within each applicable area, respectively, for the office of governor at the last
3956 regular general election before the filing of the petition;
3957 (b) to an annexation under Section 17B-1-415; or
3958 (c) to a boundary adjustment under Section 17B-1-417.
3959 (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
3960 Section 17B-1-405, the local district board:
3961 (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
3962 and
3963 (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
3964 17B-1-409 after giving notice of the public hearing as provided in Subsection (2)(b); and
3965 (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
3966 hold a public hearing as provided in Section 17B-1-409 if a written request to do so is
3967 submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to
3968 the local district board by an owner of property that is located within or a registered voter
3969 residing within the area proposed to be annexed who did not sign the annexation petition.
3970 (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
3971 (i) be given:
3972 (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
3973 certification; or
3974 (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
3975 than 30 days before the public hearing; and
3976 (B) by:
3977 (I) posting written notice at the local district's principal office and in one or more other
3978 locations within or proximate to the area proposed to be annexed as are reasonable under the
3979 circumstances, considering the number of parcels included in that area, the size of the area, the
3980 population of the area, and the contiguousness of the area; and
3981 (II) providing written notice:
3982 (Aa) to at least one newspaper of general circulation, if there is one, within the area
3983 proposed to be annexed or to a local media correspondent; and
3984 (Bb) on the Utah Public Notice Website created in Section [
3985 and
3986 (ii) contain a brief explanation of the proposed annexation and include the name of the
3987 local district, the service provided by the local district, a description or map of the area
3988 proposed to be annexed, a local district telephone number where additional information about
3989 the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
3990 explanation of the right of a property owner or registered voter to request a public hearing as
3991 provided in Subsection (2)(a)(ii)(B).
3992 (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
3993 required for a public hearing under Subsection (2)(a)(ii)(A).
3994 Section 66. Section 17B-1-417 is amended to read:
3995 17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
3996 adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
3997 Recording requirements -- Effective date.
3998 (1) As used in this section, "affected area" means the area located within the
3999 boundaries of one local district that will be removed from that local district and included within
4000 the boundaries of another local district because of a boundary adjustment under this section.
4001 (2) The boards of trustees of two or more local districts having a common boundary
4002 and providing the same service on the same wholesale or retail basis may adjust their common
4003 boundary as provided in this section.
4004 (3) (a) The board of trustees of each local district intending to adjust a boundary that is
4005 common with another local district shall:
4006 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
4007 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
4008 after the adoption of the resolution under Subsection (3)(a)(i); and
4009 (iii) (A) publish notice:
4010 (I) (Aa) once a week for two successive weeks in a newspaper of general circulation
4011 within the local district; or
4012 (Bb) if there is no newspaper of general circulation within the local district, post notice
4013 in at least four conspicuous places within the local district; and
4014 (II) on the Utah Public Notice Website created in Section [
4015 two weeks; or
4016 (B) mail a notice to each owner of property located within the affected area and to each
4017 registered voter residing within the affected area.
4018 (b) The notice required under Subsection (3)(a)(iii) shall:
4019 (i) state that the board of trustees of the local district has adopted a resolution
4020 indicating the board's intent to adjust a boundary that the local district has in common with
4021 another local district that provides the same service as the local district;
4022 (ii) describe the affected area;
4023 (iii) state the date, time, and location of the public hearing required under Subsection
4024 (3)(a)(ii);
4025 (iv) provide a local district telephone number where additional information about the
4026 proposed boundary adjustment may be obtained;
4027 (v) explain the financial and service impacts of the boundary adjustment on property
4028 owners or residents within the affected area; and
4029 (vi) state in conspicuous and plain terms that the board of trustees may approve the
4030 adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
4031 written protests to the adjustment are filed with the board by:
4032 (A) the owners of private real property that:
4033 (I) is located within the affected area;
4034 (II) covers at least 50% of the total private land area within the affected area; and
4035 (III) is equal in assessed value to at least 50% of the assessed value of all private real
4036 property within the affected area; or
4037 (B) registered voters residing within the affected area equal in number to at least 50%
4038 of the votes cast in the affected area for the office of governor at the last regular general
4039 election before the filing of the protests.
4040 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
4041 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
4042 (d) The boards of trustees of the local districts whose boundaries are being adjusted
4043 may jointly:
4044 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
4045 (ii) hold the public hearing required under Subsection (3)(a)(ii).
4046 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
4047 may adopt a resolution approving the adjustment of the common boundary unless, at or before
4048 the public hearing, written protests to the boundary adjustment have been filed with the board
4049 by:
4050 (a) the owners of private real property that:
4051 (i) is located within the affected area;
4052 (ii) covers at least 50% of the total private land area within the affected area; and
4053 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
4054 property within the affected area; or
4055 (b) registered voters residing within the affected area equal in number to at least 50%
4056 of the votes cast in the affected area for the office of governor at the last regular general
4057 election before the filing of the protests.
4058 (5) A resolution adopted under Subsection (4) does not take effect until the board of
4059 each local district whose boundaries are being adjusted has adopted a resolution under
4060 Subsection (4).
4061 (6) The board of the local district whose boundaries are being adjusted to include the
4062 affected area shall:
4063 (a) within 30 days after the resolutions take effect under Subsection (5), file with the
4064 lieutenant governor:
4065 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
4066 that meets the requirements of Subsection 67-1a-6.5(3); and
4067 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
4068 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
4069 under Section 67-1a-6.5:
4070 (i) if the affected area is located within the boundary of a single county, submit to the
4071 recorder of that county:
4072 (A) the original:
4073 (I) notice of an impending boundary action;
4074 (II) certificate of boundary adjustment; and
4075 (III) approved final local entity plat; and
4076 (B) a certified copy of each resolution adopted under Subsection (4); or
4077 (ii) if the affected area is located within the boundaries of more than a single county:
4078 (A) submit to the recorder of one of those counties:
4079 (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
4080 (II) a certified copy of each resolution adopted under Subsection (4); and
4081 (B) submit to the recorder of each other county:
4082 (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
4083 and
4084 (II) a certified copy of each resolution adopted under Subsection (4).
4085 (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
4086 under Section 67-1a-6.5, the affected area is annexed to the local district whose boundaries are
4087 being adjusted to include the affected area, and the affected area is withdrawn from the local
4088 district whose boundaries are being adjusted to exclude the affected area.
4089 (b) (i) The effective date of a boundary adjustment under this section for purposes of
4090 assessing property within the affected area is governed by Section 59-2-305.5.
4091 (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
4092 recorder of the county in which the property is located, a local district in whose boundary an
4093 affected area is included because of a boundary adjustment under this section may not:
4094 (A) levy or collect a property tax on property within the affected area;
4095 (B) levy or collect an assessment on property within the affected area; or
4096 (C) charge or collect a fee for service provided to property within the affected area.
4097 (iii) Subsection (7)(b)(ii)(C):
4098 (A) may not be construed to limit a local district's ability before a boundary adjustment
4099 to charge and collect a fee for service provided to property that is outside the local district's
4100 boundary; and
4101 (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
4102 local district's boundary adjustment, with respect to a fee that the local district was charging for
4103 service provided to property within the area affected by the boundary adjustment immediately
4104 before the boundary adjustment.
4105 Section 67. Section 17B-1-505.5 is amended to read:
4106 17B-1-505.5. Feasibility study for a municipality's withdrawal from a local
4107 district providing fire protection, paramedic, and emergency services or law enforcement
4108 service.
4109 (1) As used in this section:
4110 (a) "Feasibility consultant" means a person with expertise in:
4111 (i) the processes and economics of local government; and
4112 (ii) the economics of providing fire protection, paramedic, and emergency services or
4113 law enforcement service.
4114 (b) "Feasibility study" means a study to determine the functional and financial
4115 feasibility of a municipality's withdrawal from a first responder local district.
4116 (c) "First responder district" means a local district, other than a municipal services
4117 district, that provides:
4118 (i) fire protection, paramedic, and emergency services; or
4119 (ii) law enforcement service.
4120 (d) "Withdrawing municipality" means a municipality whose legislative body has
4121 adopted a resolution under Subsection 17B-1-505(3)(a) to initiate the process of the
4122 municipality's withdrawal from a first responder district.
4123 (2) This section applies and a feasibility study shall be conducted, as provided in this
4124 section, if:
4125 (a) the legislative body of a municipality has adopted a resolution under Subsection
4126 17B-1-505(3)(a) to initiate the process of the municipality's withdrawal from a first responder
4127 district;
4128 (b) the municipality and first responder district have not agreed in writing to the
4129 withdrawal; and
4130 (c) a feasibility study is a condition under Subsection 17B-1-505(6)(a) for an election
4131 to be held approving the withdrawal.
4132 (3) (a) As provided in this Subsection (3), the withdrawing municipality and first
4133 responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
4134 (b) The withdrawing municipality and first responder district shall jointly choose and
4135 engage a feasibility consultant according to applicable municipal or local district procurement
4136 procedures.
4137 (c) (i) If the withdrawing municipality and first responder district cannot agree on and
4138 have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
4139 legislative body of the withdrawing municipality submits written notice to the first responder
4140 district under Subsection 17B-1-505(3)(c), the withdrawing municipality and first responder
4141 district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
4142 at least eight feasibility consultants provided by the Utah Association of Certified Public
4143 Accountants.
4144 (ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
4145 feasibility consultant that has had a contract to provide services to the withdrawing
4146 municipality or first responder district at any time during the two-year period immediately
4147 preceding the date the list is provided under Subsection (3)(c)(i).
4148 (iii) (A) Beginning with the first responder district, the first responder district and
4149 withdrawing municipality shall alternately eliminate one feasibility consultant each from the
4150 list of feasibility consultants until one feasibility consultant remains.
4151 (B) Within five days after receiving the list of consultants from the Utah Association of
4152 Certified Public Accountants, the first responder district shall make the first elimination of a
4153 feasibility consultant from the list and notify the withdrawing municipality in writing of the
4154 elimination.
4155 (C) After the first elimination of a feasibility consultant from the list, the withdrawing
4156 municipality and first responder district shall each, within three days after receiving the written
4157 notification of the preceding elimination, notify the other in writing of the elimination of a
4158 feasibility consultant from the list.
4159 (d) If a withdrawing municipality and first responder district do not engage a feasibility
4160 consultant under Subsection (3)(b), the withdrawing municipality and first responder district
4161 shall engage the feasibility consultant that has not been eliminated from the list at the
4162 completion of the process described in Subsection (3)(c).
4163 (4) A feasibility consultant that conducts a feasibility study under this section shall be
4164 independent of and unaffiliated with the withdrawing municipality and first responder district.
4165 (5) In conducting a feasibility study under this section, the feasibility consultant shall
4166 consider:
4167 (a) population and population density within the withdrawing municipality;
4168 (b) current and five-year projections of demographics and economic base in the
4169 withdrawing municipality, including household size and income, commercial and industrial
4170 development, and public facilities;
4171 (c) projected growth in the withdrawing municipality during the next five years;
4172 (d) subject to Subsection (6)(a), the present and five-year projections of the cost,
4173 including overhead, of providing the same service in the withdrawing municipality as is
4174 provided by the first responder district, including:
4175 (i) the estimated cost if the first responder district continues to provide service; and
4176 (ii) the estimated cost if the withdrawing municipality provides service;
4177 (e) subject to Subsection (6)(a), the present and five-year projections of the cost,
4178 including overhead, of the first responder district providing service with:
4179 (i) the municipality included in the first responder district's service area; and
4180 (ii) the withdrawing municipality excluded from the first responder district's service
4181 area;
4182 (f) a projection of any new taxes per household that may be levied within the
4183 withdrawing municipality within five years after the withdrawal;
4184 (g) the fiscal impact that the withdrawing municipality's withdrawal has on other
4185 municipalities and unincorporated areas served by the first responder district, including any rate
4186 increase that may become necessary to maintain required coverage ratios for the first responder
4187 district's debt;
4188 (h) the physical and other assets that will be required by the withdrawing municipality
4189 to provide, without interruption or diminution of service, the same service that is being
4190 provided by the first responder district;
4191 (i) the physical and other assets that will no longer be required by the first responder
4192 district to continue to provide the current level of service to the remainder of the first responder
4193 district, excluding the withdrawing municipality, and could be transferred to the withdrawing
4194 municipality;
4195 (j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
4196 district's assets between the first responder district and the withdrawing municipality, effective
4197 upon the withdrawal of the withdrawing municipality from the first responder district;
4198 (k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
4199 responder district and any local building authority of the first responder district, between the
4200 withdrawing municipality and the remaining first responder district, taking into consideration:
4201 (i) any requirement to maintain the excludability of interest from the income of the
4202 holder of the debt, liability, or obligation for federal income tax purposes; and
4203 (ii) any first responder district assets that have been purchased with the proceeds of
4204 bonds issued by the first responder district that the first responder district will retain and any of
4205 those assets that will be transferred to the withdrawing municipality;
4206 (l) the number and classification of first responder district employees who will no
4207 longer be required to serve the remaining portions of the first responder district after the
4208 withdrawing municipality withdraws from the first responder district, including the dollar
4209 amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
4210 associated with termination of the employees if the withdrawing municipality does not employ
4211 the employees;
4212 (m) maintaining as a base, for a period of three years after withdrawal, the existing
4213 schedule of pay and benefits for first responder district employees who are transferred to the
4214 employment of the withdrawing municipality; and
4215 (n) any other factor that the feasibility consultant considers relevant to the question of
4216 the withdrawing municipality's withdrawal from the first responder district.
4217 (6) (a) For purposes of Subsections (5)(d) and (e):
4218 (i) the feasibility consultant shall assume a level and quality of service to be provided
4219 in the future to the withdrawing municipality that fairly and reasonably approximates the level
4220 and quality of service that the first responder district provides to the withdrawing municipality
4221 at the time of the feasibility study;
4222 (ii) in determining the present value cost of a service that the first responder district
4223 provides, the feasibility consultant shall consider:
4224 (A) the cost to the withdrawing municipality of providing the service for the first five
4225 years after the withdrawal; and
4226 (B) the first responder district's present and five-year projected cost of providing the
4227 same service within the withdrawing municipality; and
4228 (iii) the feasibility consultant shall consider inflation and anticipated growth in
4229 calculating the cost of providing service.
4230 (b) The feasibility consultant may not consider an allocation of first responder district
4231 assets or a transfer of first responder district employees to the extent that the allocation or
4232 transfer would impair the first responder district's ability to continue to provide the current
4233 level of service to the remainder of the first responder district without the withdrawing
4234 municipality, unless the first responder district consents to the allocation or transfer.
4235 (7) A feasibility consultant may retain an architect, engineer, or other professional, as
4236 the feasibility consultant considers prudent and as provided in the agreement with the
4237 withdrawing municipality and first responder district, to assist the feasibility consultant to
4238 conduct a feasibility study.
4239 (8) The withdrawing municipality and first responder district shall require the
4240 feasibility consultant to:
4241 (a) complete the feasibility study within a time established by the withdrawing
4242 municipality and first responder district;
4243 (b) prepare and submit a written report communicating the results of the feasibility
4244 study, including a one-page summary of the results; and
4245 (c) attend all public hearings relating to the feasibility study under Subsection (14).
4246 (9) A written report of the results of a feasibility study under this section shall:
4247 (a) contain a recommendation concerning whether a withdrawing municipality's
4248 withdrawal from a first responder district is functionally and financially feasible for both the
4249 first responder district and the withdrawing municipality; and
4250 (b) include any conditions the feasibility consultant determines need to be satisfied in
4251 order to make the withdrawal functionally and financially feasible, including:
4252 (i) first responder district assets and liabilities to be allocated to the withdrawing
4253 municipality; and
4254 (ii) (A) first responder district employees to become employees of the withdrawing
4255 municipality; and
4256 (B) sick leave, vacation, and other accrued benefits and obligations relating to the first
4257 responder district employees that the withdrawing municipality needs to assume.
4258 (10) The withdrawing municipality and first responder district shall equally share the
4259 feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
4260 municipality and first responder district and the feasibility consultant.
4261 (11) (a) Upon completion of the feasibility study and preparation of a written report,
4262 the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
4263 first responder district.
4264 (b) (i) A withdrawing municipality or first responder district that disagrees with any
4265 aspect of a feasibility study report may, within 20 business days after receiving a copy of the
4266 report under Subsection (11)(a), submit to the feasibility consultant a written objection
4267 detailing the disagreement.
4268 (ii) (A) A withdrawing municipality that submits a written objection under Subsection
4269 (11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
4270 (B) A first responder district that submits a written objection under Subsection
4271 (11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
4272 (iii) A withdrawing municipality or first responder district may, within 10 business
4273 days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
4274 consultant a written response to the objection.
4275 (iv) (A) A withdrawing municipality that submits a response under Subsection
4276 (11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
4277 (B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
4278 simultaneously deliver a copy of the response to the withdrawing municipality.
4279 (v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
4280 within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
4281 submitting a response to an objection:
4282 (A) modify the feasibility study report or explain in writing why the feasibility
4283 consultant is not modifying the feasibility study report; and
4284 (B) deliver the modified feasibility study report or written explanation to the
4285 withdrawing municipality and first responder local district.
4286 (12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
4287 for submitting an objection or, if an objection is submitted, within seven days after receiving a
4288 modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
4289 30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
4290 (a) make a copy of the report available to the public at the primary office of the
4291 withdrawing municipality; and
4292 (b) if the withdrawing municipality has a website, post a copy of the report on the
4293 municipality's website.
4294 (13) A feasibility study report or, if a feasibility study report is modified under
4295 Subsection (11), a modified feasibility study report may not be challenged unless the basis of
4296 the challenge is that the report results from collusion or fraud.
4297 (14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
4298 submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
4299 the withdrawing municipality's receipt of the modified feasibility study report or written
4300 explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
4301 shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
4302 held:
4303 (i) within the following 60 days; and
4304 (ii) for the purpose of allowing:
4305 (A) the feasibility consultant to present the results of the feasibility study; and
4306 (B) the public to become informed about the feasibility study results, to ask the
4307 feasibility consultant questions about the feasibility study, and to express the public's views
4308 about the proposed withdrawal.
4309 (b) At a public hearing under Subsection (14)(a), the legislative body of the
4310 withdrawing municipality shall:
4311 (i) provide a copy of the feasibility study for public review; and
4312 (ii) allow the public to:
4313 (A) ask the feasibility consultant questions about the feasibility study; and
4314 (B) express the public's views about the withdrawing municipality's proposed
4315 withdrawal from the first responder district.
4316 (15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
4317 hearing under Subsection (14):
4318 (i) at least once a week for three successive weeks in a newspaper of general
4319 circulation within the withdrawing municipality, with the last publication occurring no less
4320 than three days before the first public hearing held under Subsection (14); and
4321 (ii) on the Utah Public Notice Website created in Section [
4322 three consecutive weeks immediately before the public hearing.
4323 (b) A notice under Subsection (15)(a) shall state:
4324 (i) the date, time, and location of the public hearing; and
4325 (ii) that a copy of the feasibility study report may be obtained, free of charge, at the
4326 office of the withdrawing municipality or on the withdrawing municipality's website.
4327 (16) Unless the withdrawing municipality and first responder district agree otherwise,
4328 conditions that a feasibility study report indicates are necessary to be met for a withdrawal to
4329 be functionally and financially feasible for the withdrawing municipality and first responder
4330 district are binding on the withdrawing municipality and first responder district if the
4331 withdrawal occurs.
4332 Section 68. Section 17B-1-609 is amended to read:
4333 17B-1-609. Hearing to consider adoption -- Notice.
4334 (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
4335 (a) establish the time and place of a public hearing to consider its adoption; and
4336 (b) except as provided in Subsection (6), order that notice of the hearing:
4337 (i) (A) be published at least seven days before the hearing in at least one issue of a
4338 newspaper of general circulation in the county or counties in which the district is located; or
4339 (B) if no newspaper is circulated generally in the county or counties, be posted in three
4340 public places within the district; and
4341 (ii) be published at least seven days before the hearing on the Utah Public Notice
4342 Website created in Section [
4343 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
4344 required in Subsection (1)(b):
4345 (a) may be combined with the notice required under Section 59-2-919; and
4346 (b) shall be published in accordance with the advertisement provisions of Section
4347 59-2-919.
4348 (3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
4349 notice required in Subsection (1)(b):
4350 (a) may be combined with the notice required under Section 17B-1-643; and
4351 (b) shall be published or mailed in accordance with the notice provisions of Section
4352 17B-1-643.
4353 (4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
4354 prima facie evidence that notice was properly given.
4355 (5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
4356 30 days after the day on which the hearing is held, the notice is adequate and proper.
4357 (6) A board of trustees of a local district with an annual operating budget of less than
4358 $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
4359 (a) mailing a written notice, postage prepaid, to each voter in the local district; and
4360 (b) posting the notice in three public places within the district.
4361 Section 69. Section 17B-1-643 is amended to read:
4362 17B-1-643. Imposing or increasing a fee for service provided by local district.
4363 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
4364 by a local district, each local district board of trustees shall first hold a public hearing at which:
4365 (i) the local district shall demonstrate its need to impose or increase the fee; and
4366 (ii) any interested person may speak for or against the proposal to impose a fee or to
4367 increase an existing fee.
4368 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
4369 no earlier than 6 p.m.
4370 (c) A public hearing required under this Subsection (1) may be combined with a public
4371 hearing on a tentative budget required under Section 17B-1-610.
4372 (d) Except to the extent that this section imposes more stringent notice requirements,
4373 the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
4374 in holding the public hearing under Subsection (1)(a).
4375 (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
4376 provided in Subsections (2)(b) and (c) or Subsection (2)(d).
4377 (b) The notice required under Subsection (2)(a) shall be published:
4378 (i) on the Utah Public Notice Website established in Section [
4379 and
4380 (ii) (A) in a newspaper or combination of newspapers of general circulation in the local
4381 district, if there is a newspaper or combination of newspapers of general circulation in the local
4382 district; or
4383 (B) if there is no newspaper or combination of newspapers of general circulation in the
4384 local district, the local district board shall post at least one notice per 1,000 population within
4385 the local district, at places within the local district that are most likely to provide actual notice
4386 to residents within the local district.
4387 (c) (i) The notice described in Subsection (2)(b)(ii)(A):
4388 (A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
4389 point, and surrounded by a 1/4-inch border;
4390 (B) may not be placed in that portion of the newspaper where legal notices and
4391 classified advertisements appear;
4392 (C) whenever possible, shall appear in a newspaper that is published at least one day
4393 per week;
4394 (D) shall be in a newspaper or combination of newspapers of general interest and
4395 readership in the local district, and not of limited subject matter; and
4396 (E) shall be run once each week for the two weeks preceding the hearing.
4397 (ii) The notice described in Subsection (2)(b) shall state that the local district board
4398 intends to impose or increase a fee for a service provided by the local district and will hold a
4399 public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
4400 seven days after the day the first notice is published, for the purpose of hearing comments
4401 regarding the proposed imposition or increase of a fee and to explain the reasons for the
4402 proposed imposition or increase.
4403 (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
4404 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
4405 within the district who:
4406 (A) will be charged the fee for a district service, if the fee is being imposed for the first
4407 time; or
4408 (B) are being charged a fee, if the fee is proposed to be increased.
4409 (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c)(ii).
4410 (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
4411 fee.
4412 (e) If the hearing required under this section is combined with the public hearing
4413 required under Section 17B-1-610, the notice required under this Subsection (2):
4414 (i) may be combined with the notice required under Section 17B-1-609; and
4415 (ii) shall be published, posted, or mailed in accordance with the notice provisions of
4416 this section.
4417 (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
4418 evidence that notice was properly given.
4419 (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
4420 within 30 days after the date of the hearing, the notice is considered adequate and proper.
4421 (3) After holding a public hearing under Subsection (1), a local district board may:
4422 (a) impose the new fee or increase the existing fee as proposed;
4423 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
4424 then impose the new fee or increase the existing fee as adjusted; or
4425 (c) decline to impose the new fee or increase the existing fee.
4426 (4) This section applies to each new fee imposed and each increase of an existing fee
4427 that occurs on or after July 1, 1998.
4428 (5) (a) This section does not apply to an impact fee.
4429 (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
4430 Impact Fees Act.
4431 Section 70. Section 17B-1-1204 is amended to read:
4432 17B-1-1204. Notice of the hearing on a validation petition -- Amended or
4433 supplemented validation petition.
4434 (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
4435 validation petition, the local district that filed the petition shall:
4436 (a) publish notice:
4437 (i) at least once a week for three consecutive weeks in a newspaper of general
4438 circulation in the county in which the principal office of the district is located; and
4439 (ii) on the Utah Public Notice Website created in Section [
4440 three weeks immediately before the hearing; and
4441 (b) post notice in its principal office at least 21 days before the date set for the hearing.
4442 (2) Each notice under Subsection (1) shall:
4443 (a) state the date, time, and place of the hearing on the validation petition;
4444 (b) include a general description of the contents of the validation petition; and
4445 (c) if applicable, state the location where a complete copy of a contract that is the
4446 subject of the validation petition may be examined.
4447 (3) If a district amends or supplements a validation petition under Subsection
4448 17B-1-1202(3) after publishing and posting notice as required under Subsection (1), the district
4449 is not required to publish or post notice again unless required by the court.
4450 Section 71. Section 17B-1-1307 is amended to read:
4451 17B-1-1307. Notice of public hearing and of dissolution.
4452 (1) Before holding a public hearing required under Section 17B-1-1306, the
4453 administrative body shall:
4454 (a) (i) publish notice of the public hearing and of the proposed dissolution:
4455 (A) in a newspaper of general circulation within the local district proposed to be
4456 dissolved; and
4457 (B) on the Utah Public Notice Website created in Section [
4458 30 days before the public hearing; and
4459 (ii) post notice of the public hearing and of the proposed dissolution in at least four
4460 conspicuous places within the local district proposed to be dissolved, no less than five and no
4461 more than 30 days before the public hearing; or
4462 (b) mail a notice to each owner of property located within the local district and to each
4463 registered voter residing within the local district.
4464 (2) Each notice required under Subsection (1) shall:
4465 (a) identify the local district proposed to be dissolved and the service it was created to
4466 provide; and
4467 (b) state the date, time, and location of the public hearing.
4468 Section 72. Section 17B-2a-705 is amended to read:
4469 17B-2a-705. Taxation -- Additional levy -- Election.
4470 (1) If a mosquito abatement district board of trustees determines that the funds required
4471 during the next ensuing fiscal year will exceed the maximum amount that the district is
4472 authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
4473 on a date specified in Section 20A-1-204 and submit to district voters the question of whether
4474 the district should be authorized to impose an additional tax to raise the necessary additional
4475 funds.
4476 (2) The board shall publish notice of the election:
4477 (a) (i) in a newspaper of general circulation within the district at least once, no later
4478 than four weeks before the day of the election;
4479 (ii) if there is no newspaper of general circulation in the district, at least four weeks
4480 before the day of the election, by posting one notice, and at least one additional notice per
4481 2,000 population of the district, in places within the district that are most likely to give notice
4482 to the voters in the district; or
4483 (iii) at least four weeks before the day of the election, by mailing notice to each
4484 registered voter in the district;
4485 (b) on the Utah Public Notice Website created in Section [
4486 four weeks before the day of the election;
4487 (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
4488 and
4489 (d) if the district has a website, on the district's website for four weeks before the day
4490 of the election.
4491 (3) No particular form of ballot is required, and no informalities in conducting the
4492 election may invalidate the election, if it is otherwise fairly conducted.
4493 (4) At the election each ballot shall contain the words, "Shall the district be authorized
4494 to impose an additional tax to raise the additional sum of $____?"
4495 (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
4496 of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
4497 additional levy to raise the additional amount of money required.
4498 Section 73. Section 17B-2a-1110 is amended to read:
4499 17B-2a-1110. Withdrawal from a municipal services district upon incorporation
4500 -- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
4501 transferred to municipal services district.
4502 (1) (a) A municipality may withdraw from a municipal services district in accordance
4503 with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
4504 (b) If a municipality engages a feasibility consultant to conduct a feasibility study
4505 under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)(B) is tolled
4506 from the day that the municipality engages the feasibility consultant to the day on which the
4507 municipality holds the final public hearing under Subsection (5).
4508 (2) (a) If a municipality decides to withdraw from a municipal services district, the
4509 municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
4510 17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
4511 (b) The feasibility consultant shall be chosen:
4512 (i) by the municipal legislative body; and
4513 (ii) in accordance with applicable municipal procurement procedures.
4514 (3) The municipal legislative body shall require the feasibility consultant to:
4515 (a) complete the feasibility study and submit the written results to the municipal
4516 legislative body before the council adopts a resolution under Section 17B-1-502;
4517 (b) submit with the full written results of the feasibility study a summary of the results
4518 no longer than one page in length; and
4519 (c) attend the public hearings under Subsection (5).
4520 (4) (a) The feasibility study shall consider:
4521 (i) population and population density within the withdrawing municipality;
4522 (ii) current and five-year projections of demographics and economic base in the
4523 withdrawing municipality, including household size and income, commercial and industrial
4524 development, and public facilities;
4525 (iii) projected growth in the withdrawing municipality during the next five years;
4526 (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
4527 including overhead, of municipal services in the withdrawing municipality;
4528 (v) assuming the same tax categories and tax rates as currently imposed by the
4529 municipal services district and all other current service providers, the present and five-year
4530 projected revenue for the withdrawing municipality;
4531 (vi) a projection of any new taxes per household that may be levied within the
4532 withdrawing municipality within five years of the withdrawal; and
4533 (vii) the fiscal impact on other municipalities serviced by the municipal services
4534 district.
4535 (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
4536 level and quality of municipal services to be provided to the withdrawing municipality in the
4537 future that fairly and reasonably approximates the level and quality of municipal services being
4538 provided to the withdrawing municipality at the time of the feasibility study.
4539 (ii) In determining the present cost of a municipal service, the feasibility consultant
4540 shall consider:
4541 (A) the amount it would cost the withdrawing municipality to provide municipal
4542 services for the first five years after withdrawing; and
4543 (B) the municipal services district's present and five-year projected cost of providing
4544 municipal services.
4545 (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
4546 and anticipated growth.
4547 (5) If the results of the feasibility study meet the requirements of Subsection (4), the
4548 municipal legislative body shall, at its next regular meeting after receipt of the results of the
4549 feasibility study, schedule at least one public hearing to be held:
4550 (a) within the following 60 days; and
4551 (b) for the purpose of allowing:
4552 (i) the feasibility consultant to present the results of the study; and
4553 (ii) the public to become informed about the feasibility study results, including the
4554 requirement that if the municipality withdraws from the municipal services district, the
4555 municipality must comply with Subsection (9), and to ask questions about those results of the
4556 feasibility consultant.
4557 (6) At a public hearing described in Subsection (5), the municipal legislative body
4558 shall:
4559 (a) provide a copy of the feasibility study for public review; and
4560 (b) allow the public to express its views about the proposed withdrawal from the
4561 municipal services district.
4562 (7) (a) (i) The municipal clerk or recorder shall publish notice of the public hearings
4563 required under Subsection (5):
4564 (A) at least once a week for three successive weeks in a newspaper of general
4565 circulation within the municipality; and
4566 (B) on the Utah Public Notice Website created in Section [
4567 three weeks.
4568 (ii) The municipal clerk or recorder shall publish the last publication of notice required
4569 under Subsection (7)(a)(i)(A) at least three days before the first public hearing required under
4570 Subsection (5).
4571 (b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
4572 within the proposed municipality, the municipal clerk or recorder shall post at least one notice
4573 of the hearings per 1,000 population in conspicuous places within the municipality that are
4574 most likely to give notice of the hearings to the residents.
4575 (ii) The municipal clerk or recorder shall post the notices under Subsection (7)(b)(i) at
4576 least seven days before the first hearing under Subsection (5).
4577 (c) The notice under Subsections (7)(a) and (b) shall include the feasibility study
4578 summary and shall indicate that a full copy of the study is available for inspection and copying
4579 at the office of the municipal clerk or recorder.
4580 (8) At a public meeting held after the public hearing required under Subsection (5), the
4581 municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
4582 applicable, if the municipality is in compliance with the other requirements of that section.
4583 (9) The municipality shall pay revenues in excess of 5% to the municipal services
4584 district for 10 years beginning on the next fiscal year immediately following the municipal
4585 legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
4586 or 17B-1-505 if the results of the feasibility study show that the average annual amount of
4587 revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
4588 (4)(a)(iv) by more than 5%.
4589 Section 74. Section 17C-1-207 is amended to read:
4590 17C-1-207. Public entities may assist with project area development.
4591 (1) In order to assist and cooperate in the planning, undertaking, construction, or
4592 operation of project area development within an area in which the public entity is authorized to
4593 act, a public entity may:
4594 (a) (i) provide or cause to be furnished:
4595 (A) parks, playgrounds, or other recreational facilities;
4596 (B) community, educational, water, sewer, or drainage facilities; or
4597 (C) any other works which the public entity is otherwise empowered to undertake;
4598 (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
4599 replan streets, roads, roadways, alleys, sidewalks, or other places;
4600 (iii) in any part of the project area:
4601 (A) (I) plan or replan any property within the project area;
4602 (II) plat or replat any property within the project area;
4603 (III) vacate a plat;
4604 (IV) amend a plat; or
4605 (V) zone or rezone any property within the project area; and
4606 (B) make any legal exceptions from building regulations and ordinances;
4607 (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
4608 rights of any holder of the bonds;
4609 (v) notwithstanding any law to the contrary, enter into an agreement for a period of
4610 time with another public entity concerning action to be taken pursuant to any of the powers
4611 granted in this title;
4612 (vi) do anything necessary to aid or cooperate in the planning or implementation of the
4613 project area development;
4614 (vii) in connection with the project area plan, become obligated to the extent
4615 authorized and funds have been made available to make required improvements or construct
4616 required structures; and
4617 (viii) lend, grant, or contribute funds to an agency for project area development or
4618 proposed project area development, including assigning revenue or taxes in support of an
4619 agency bond or obligation; and
4620 (b) for less than fair market value or for no consideration, and subject to Subsection
4621 (3):
4622 (i) purchase or otherwise acquire property from an agency;
4623 (ii) lease property from an agency;
4624 (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
4625 an agency; or
4626 (iv) lease the public entity's property to an agency.
4627 (2) The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:
4628 (a) project area development assistance that a public entity provides under this section;
4629 or
4630 (b) a transfer of funds or property from an agency to a public entity.
4631 (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
4632 than 15 days after the day on which the public entity posts notice of the assistance on:
4633 (a) the Utah Public Notice Website described in Section [
4634 (b) the public entity's public website.
4635 Section 75. Section 17C-1-601.5 is amended to read:
4636 17C-1-601.5. Annual agency budget -- Fiscal year -- Public hearing required --
4637 Auditor forms -- Requirement to file form.
4638 (1) Each agency shall prepare an annual budget of the agency's revenues and
4639 expenditures for each fiscal year.
4640 (2) The board shall adopt each agency budget:
4641 (a) for an agency created by a municipality, before June 30; or
4642 (b) for an agency created by a county, before December 15.
4643 (3) The agency's fiscal year shall be the same as the fiscal year of the community that
4644 created the agency.
4645 (4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
4646 annual budget.
4647 (b) Each agency shall provide notice of the public hearing on the annual budget by:
4648 (i) (A) publishing at least one notice in a newspaper of general circulation within the
4649 agency boundaries, one week before the public hearing; or
4650 (B) if there is no newspaper of general circulation within the agency boundaries,
4651 posting a notice of the public hearing in at least three public places within the agency
4652 boundaries; and
4653 (ii) publishing notice on the Utah Public Notice Website created in Section
4654 [
4655 (c) Each agency shall make the annual budget available for public inspection at least
4656 three days before the date of the public hearing.
4657 (5) The state auditor shall prescribe the budget forms and the categories to be contained
4658 in each annual budget, including:
4659 (a) revenues and expenditures for the budget year;
4660 (b) legal fees; and
4661 (c) administrative costs, including rent, supplies, and other materials, and salaries of
4662 agency personnel.
4663 (6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
4664 the annual budget with the auditor of the county in which the agency is located, the State Tax
4665 Commission, the state auditor, the State Board of Education, and each taxing entity from which
4666 the agency receives project area funds.
4667 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
4668 state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
4669 state auditor.
4670 Section 76. Section 17C-1-804 is amended to read:
4671 17C-1-804. Notice required for continued hearing.
4672 The board shall give notice of a hearing continued under Section 17C-1-803 by
4673 announcing at the hearing:
4674 (1) the date, time, and place the hearing will be resumed; or
4675 (2) (a) that the hearing is being continued to a later time; and
4676 (b) that the board will cause a notice of the continued hearing to be published on the
4677 Utah Public Notice Website created in Section [
4678 before the day on which the hearing is scheduled to resume.
4679 Section 77. Section 17C-1-806 is amended to read:
4680 17C-1-806. Requirements for notice provided by agency.
4681 (1) The notice required by Section 17C-1-805 shall be given by:
4682 (a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
4683 newspaper of general circulation within the county in which the project area or proposed
4684 project area is located, at least 14 days before the hearing;
4685 (ii) if there is no newspaper of general circulation, posting notice at least 14 days
4686 before the day of the hearing in at least three conspicuous places within the county in which the
4687 project area or proposed project area is located; or
4688 (iii) posting notice, excluding the map described in Subsection (3)(b), at least 14 days
4689 before the day on which the hearing is held on:
4690 (A) the Utah Public Notice Website described in Section [
4691 (B) the public website of a community located within the boundaries of the project
4692 area; and
4693 (b) at least 30 days before the hearing, mailing notice to:
4694 (i) each record owner of property located within the project area or proposed project
4695 area;
4696 (ii) the State Tax Commission;
4697 (iii) the assessor and auditor of the county in which the project area or proposed project
4698 area is located; and
4699 (iv) (A) if a project area is subject to a taxing entity committee, each member of the
4700 taxing entity committee and the State Board of Education; or
4701 (B) if a project area is not subject to a taxing entity committee, the legislative body or
4702 governing board of each taxing entity within the boundaries of the project area or proposed
4703 project area.
4704 (2) The mailing of the notice to record property owners required under Subsection
4705 (1)(b)(i) shall be conclusively considered to have been properly completed if:
4706 (a) the agency mails the notice to the property owners as shown in the records,
4707 including an electronic database, of the county recorder's office and at the addresses shown in
4708 those records; and
4709 (b) the county recorder's office records used by the agency in identifying owners to
4710 whom the notice is mailed and their addresses were obtained or accessed from the county
4711 recorder's office no earlier than 30 days before the mailing.
4712 (3) The agency shall include in each notice required under Section 17C-1-805:
4713 (a) (i) a boundary description of the project area or proposed project area; or
4714 (ii) (A) a mailing address or telephone number where a person may request that a copy
4715 of the boundary description be sent at no cost to the person by mail, email, or facsimile
4716 transmission; and
4717 (B) if the agency or community has an Internet website, an Internet address where a
4718 person may gain access to an electronic, printable copy of the boundary description and other
4719 related information;
4720 (b) a map of the boundaries of the project area or proposed project area;
4721 (c) an explanation of the purpose of the hearing; and
4722 (d) a statement of the date, time, and location of the hearing.
4723 (4) The agency shall include in each notice under Subsection (1)(b):
4724 (a) a statement that property tax revenue resulting from an increase in valuation of
4725 property within the project area or proposed project area will be paid to the agency for project
4726 area development rather than to the taxing entity to which the tax revenue would otherwise
4727 have been paid if:
4728 (i) (A) the taxing entity committee consents to the project area budget; or
4729 (B) one or more taxing entities agree to share property tax revenue under an interlocal
4730 agreement; and
4731 (ii) the project area plan provides for the agency to receive tax increment; and
4732 (b) an invitation to the recipient of the notice to submit to the agency comments
4733 concerning the subject matter of the hearing before the date of the hearing.
4734 (5) An agency may include in a notice under Subsection (1) any other information the
4735 agency considers necessary or advisable, including the public purpose achieved by the project
4736 area development and any future tax benefits expected to result from the project area
4737 development.
4738 Section 78. Section 17C-2-108 is amended to read:
4739 17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
4740 of plan -- Contesting the formation of the plan.
4741 (1) (a) Upon the community legislative body's adoption of an urban renewal project
4742 area plan, or an amendment to a project area plan under Section 17C-2-110, the community
4743 legislative body shall provide notice as provided in Subsection (1)(b) by:
4744 (i) (A) publishing or causing to be published a notice in a newspaper of general
4745 circulation within the agency's boundaries; or
4746 (B) if there is no newspaper of general circulation within the agency's boundaries,
4747 causing a notice to be posted in at least three public places within the agency's boundaries; and
4748 (ii) posting a notice on the Utah Public Notice Website described in Section
4749 [
4750 (b) Each notice under Subsection (1)(a) shall:
4751 (i) set forth the community legislative body's ordinance adopting the project area plan
4752 or a summary of the ordinance; and
4753 (ii) include a statement that the project area plan is available for general public
4754 inspection and the hours for inspection.
4755 (2) The project area plan shall become effective on the date of:
4756 (a) if notice was published under Subsection (1)(a), publication of the notice; or
4757 (b) if notice was posted under Subsection (1)(a), posting of the notice.
4758 (3) (a) For a period of 30 days after the effective date of the project area plan under
4759 Subsection (2), any person may contest the project area plan or the procedure used to adopt the
4760 project area plan if the plan or procedure fails to comply with applicable statutory
4761 requirements.
4762 (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4763 the project area plan or procedure used to adopt the project area plan for any cause.
4764 (4) Upon adoption of the project area plan by the community legislative body, the
4765 agency may carry out the project area plan.
4766 (5) Each agency shall make the project area plan available to the general public at the
4767 agency's office during normal business hours.
4768 Section 79. Section 17C-3-107 is amended to read:
4769 17C-3-107. Notice of economic development project area plan adoption --
4770 Effective date of plan -- Contesting the formation of the plan.
4771 (1) (a) Upon the community legislative body's adoption of an economic development
4772 project area plan, or an amendment to the project area plan under Section 17C-3-109 that
4773 requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by:
4774 (i) publishing or causing to be published a notice:
4775 (A) in a newspaper of general circulation within the agency's boundaries; or
4776 (B) if there is no newspaper of general circulation within the agency's boundaries,
4777 causing a notice to be posted in at least three public places within the agency's boundaries; and
4778 (ii) on the Utah Public Notice Website described in Section [
4779 (b) Each notice under Subsection (1)(a) shall:
4780 (i) set forth the community legislative body's ordinance adopting the project area plan
4781 or a summary of the ordinance; and
4782 (ii) include a statement that the project area plan is available for public inspection and
4783 the hours for inspection.
4784 (2) The project area plan shall become effective on the date of:
4785 (a) if notice was published under Subsection (1)(a), publication of the notice; or
4786 (b) if notice was posted under Subsection (1)(a), posting of the notice.
4787 (3) (a) For a period of 30 days after the effective date of the project area plan under
4788 Subsection (2), any person may contest the project area plan or the procedure used to adopt the
4789 project area plan if the plan or procedure fails to comply with applicable statutory
4790 requirements.
4791 (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4792 the project area plan or procedure used to adopt the project area plan for any cause.
4793 (4) Upon adoption of the economic development project area plan by the community
4794 legislative body, the agency may implement the project area plan.
4795 (5) Each agency shall make the economic development project area plan available to
4796 the general public at the agency's office during normal business hours.
4797 Section 80. Section 17C-4-109 is amended to read:
4798 17C-4-109. Expedited community development project area plan.
4799 (1) As used in this section, "tax increment incentive" means the portion of tax
4800 increment awarded to an industry or business.
4801 (2) A community development project area plan may be adopted or amended without
4802 complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
4803 Hearing and Notice Requirements, if the following requirements are met:
4804 (a) the agency determines by resolution adopted in an open and public meeting the
4805 need to create or amend a project area plan on an expedited basis, which resolution shall
4806 include a description of why expedited action is needed;
4807 (b) a public hearing on the amendment or adoption of the project area plan is held by
4808 the agency;
4809 (c) notice of the public hearing is published at least 14 days before the public hearing
4810 on:
4811 (i) the website of the community that created the agency; and
4812 (ii) the Utah Public Notice Website created in Section [
4813 (d) written consent to the amendment or adoption of the project area plan is given by
4814 all record property owners within the existing or proposed project area;
4815 (e) each taxing entity that will be affected by the tax increment incentive enters into or
4816 amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
4817 Act, and Sections 17C-4-201, 17C-4-203, and 17C-4-204;
4818 (f) the primary market for the goods or services that will be created by the industry or
4819 business entity that will receive a tax increment incentive from the amendment or adoption of
4820 the project area plan is outside of the state;
4821 (g) the industry or business entity that will receive a tax increment incentive from the
4822 amendment or adoption of the project area plan is not primarily engaged in retail trade; and
4823 (h) a tax increment incentive is only provided to an industry or business entity:
4824 (i) on a postperformance basis as described in Subsection (3); and
4825 (ii) on an annual basis after the tax increment is received by the agency.
4826 (3) An industry or business entity may only receive a tax increment incentive under this
4827 section after entering into an agreement with the agency that sets postperformance targets that
4828 shall be met before the industry or business entity may receive the tax increment incentive,
4829 including annual targets for:
4830 (a) capital investment in the project area;
4831 (b) the increase in the taxable value of the project area;
4832 (c) the number of new jobs created in the project area;
4833 (d) the average wages of the jobs created, which shall be at least 110% of the
4834 prevailing wage of the county where the project area is located; and
4835 (e) the amount of local vendor opportunity generated by the industry or business entity.
4836 Section 81. Section 17C-4-202 is amended to read:
4837 17C-4-202. Resolution or interlocal agreement to provide project area funds for
4838 the community development project area plan -- Notice -- Effective date of resolution or
4839 interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
4840 of resolution or interlocal agreement.
4841 (1) The approval and adoption of each resolution or interlocal agreement under
4842 Subsection 17C-4-201(2) shall be in an open and public meeting.
4843 (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
4844 17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by:
4845 (i) (A) publishing or causing to be published a notice in a newspaper of general
4846 circulation within the agency's boundaries; or
4847 (B) if there is no newspaper of general circulation within the agency's boundaries,
4848 causing a notice to be posted in at least three public places within the agency's boundaries; and
4849 (ii) publishing or causing to be published a notice on the Utah Public Notice Website
4850 created in Section [
4851 (b) Each notice under Subsection (2)(a) shall:
4852 (i) set forth a summary of the resolution or interlocal agreement; and
4853 (ii) include a statement that the resolution or interlocal agreement is available for
4854 public inspection and the hours of inspection.
4855 (3) The resolution or interlocal agreement shall become effective on the date of:
4856 (a) if notice was published under Subsection (2)(a)(i)(A) or (2)(a)(ii), publication of the
4857 notice; or
4858 (b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.
4859 (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
4860 agreement under Subsection (3), any person may contest the resolution or interlocal agreement
4861 or the procedure used to adopt the resolution or interlocal agreement if the resolution or
4862 interlocal agreement or procedure fails to comply with applicable statutory requirements.
4863 (b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
4864 (i) the resolution or interlocal agreement;
4865 (ii) a distribution of tax increment to the agency under the resolution or interlocal
4866 agreement; or
4867 (iii) the agency's use of project area funds under the resolution or interlocal agreement.
4868 (5) Each agency that is to receive project area funds under a resolution or interlocal
4869 agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters
4870 into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal
4871 agreement, as the case may be, available at the taxing entity's offices to the public for
4872 inspection and copying during normal business hours.
4873 Section 82. Section 17C-5-110 is amended to read:
4874 17C-5-110. Notice of community reinvestment project area plan adoption --
4875 Effective date of plan -- Contesting the formation of the plan.
4876 (1) (a) Upon a community legislative body's adoption of a community reinvestment
4877 project area plan in accordance with Section 17C-5-109, or an amendment to a community
4878 reinvestment project area plan in accordance with Section 17C-5-112, the community
4879 legislative body shall provide notice of the adoption or amendment in accordance with
4880 Subsection (1)(b) by:
4881 (i) (A) causing a notice to be published in a newspaper of general circulation within the
4882 community; or
4883 (B) if there is no newspaper of general circulation within the community, causing a
4884 notice to be posted in at least three public places within the community; and
4885 (ii) posting a notice on the Utah Public Notice Website described in Section
4886 [
4887 (b) A notice described in Subsection (1)(a) shall include:
4888 (i) a copy of the community legislative body's ordinance, or a summary of the
4889 ordinance, that adopts the community reinvestment project area plan; and
4890 (ii) a statement that the community reinvestment project area plan is available for
4891 public inspection and the hours for inspection.
4892 (2) A community reinvestment project area plan is effective on the day on which notice
4893 of adoption is published or posted in accordance with Subsection (1)(a).
4894 (3) A community reinvestment project area is considered created the day on which the
4895 community reinvestment project area plan becomes effective as described in Subsection (2).
4896 (4) (a) Within 30 days after the day on which a community reinvestment project area
4897 plan is effective, a person may contest the community reinvestment project area plan or the
4898 procedure used to adopt the community reinvestment project area plan if the community
4899 reinvestment project area plan or the procedure fails to comply with a provision of this title.
4900 (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
4901 contest the community reinvestment project area plan or the procedure used to adopt the
4902 community reinvestment project area plan.
4903 (5) Upon adoption of a community reinvestment project area plan by the community
4904 legislative body, the agency may implement the community reinvestment project area plan.
4905 (6) The agency shall make the community reinvestment project area plan available to
4906 the public at the agency's office during normal business hours.
4907 Section 83. Section 17C-5-113 is amended to read:
4908 17C-5-113. Expedited community reinvestment project area plan.
4909 (1) As used in this section:
4910 (a) "Qualified business entity" means a business entity that:
4911 (i) has a primary market for the qualified business entity's goods or services outside of
4912 the state; and
4913 (ii) is not primarily engaged in retail sales.
4914 (b) "Tax increment incentive" means the portion of an agency's tax increment that is
4915 paid to a qualified business entity for the purpose of implementing a community reinvestment
4916 project area plan.
4917 (2) An agency and a qualified business entity may, in accordance with Subsection (3),
4918 enter into an agreement that allows the qualified business entity to receive a tax increment
4919 incentive.
4920 (3) An agreement described in Subsection (2) shall set annual postperformance targets
4921 for:
4922 (a) capital investment within the community reinvestment project area;
4923 (b) the number of new jobs created within the community reinvestment project area;
4924 (c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
4925 the prevailing wage of the county within which the community reinvestment project area is
4926 located; and
4927 (d) the amount of local vendor opportunity generated by the qualified business entity.
4928 (4) A qualified business entity may only receive a tax increment incentive:
4929 (a) if the qualified business entity complies with the agreement described in Subsection
4930 (3);
4931 (b) on a postperformance basis; and
4932 (c) on an annual basis after the agency receives tax increment from a taxing entity.
4933 (5) An agency may create or amend a community reinvestment project area plan for the
4934 purpose of providing a tax increment incentive without complying with the requirements
4935 described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
4936 (a) the agency:
4937 (i) holds a public hearing to consider the need to create or amend a community
4938 reinvestment project area plan on an expedited basis;
4939 (ii) posts notice at least 14 days before the day on which the public hearing described
4940 in Subsection (5)(a)(i) is held on:
4941 (A) the community's website; and
4942 (B) the Utah Public Notice Website as described in Section [
4943 and
4944 (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
4945 amend the community reinvestment project area plan on an expedited basis;
4946 (b) all record property owners within the existing or proposed community reinvestment
4947 project area plan give written consent; and
4948 (c) each taxing entity affected by the tax increment incentive consents and enters into
4949 an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
4950 to the qualified business entity.
4951 Section 84. Section 17C-5-205 is amended to read:
4952 17C-5-205. Interlocal agreement to provide project area funds for the community
4953 reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
4954 interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
4955 agreement.
4956 (1) An agency shall:
4957 (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
4958 open and public meeting; and
4959 (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
4960 Reinvestment Project Area."
4961 (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
4962 the agency shall provide notice of the execution by:
4963 (i) (A) publishing or causing to be published a notice in a newspaper of general
4964 circulation within the agency's boundaries; or
4965 (B) if there is no newspaper of general circulation within the agency's boundaries,
4966 causing the notice to be posted in at least three public places within the agency's boundaries;
4967 and
4968 (ii) publishing or causing the notice to be published on the Utah Public Notice Website
4969 created in Section [
4970 (b) A notice described in Subsection (2)(a) shall include:
4971 (i) a summary of the interlocal agreement; and
4972 (ii) a statement that the interlocal agreement:
4973 (A) is available for public inspection and the hours for inspection; and
4974 (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
4975 sales and use tax revenue.
4976 (3) An interlocal agreement described in Section 17C-5-204 is effective the day on
4977 which the notice described in Subsection (2) is published or posted in accordance with
4978 Subsection (2)(a).
4979 (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
4980 person may contest the interlocal agreement or the procedure used to adopt the interlocal
4981 agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
4982 (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
4983 contest:
4984 (i) the interlocal agreement;
4985 (ii) a distribution of tax increment to the agency under the interlocal agreement; or
4986 (iii) the agency's use of project area funds under the interlocal agreement.
4987 (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
4988 shall make a copy of the interlocal agreement available to the public at the taxing entity's office
4989 for inspection and copying during normal business hours.
4990 Section 85. Section 17D-3-107 is amended to read:
4991 17D-3-107. Annual budget and financial reports requirements.
4992 (1) Upon agreement with the commission, the state auditor may modify:
4993 (a) for filing a budget, a requirement in Subsection 17B-1-614(2) or 17B-1-629(3)(d);
4994 or
4995 (b) for filing a financial report, a requirement in Section 17B-1-639.
4996 (2) Beginning on July 1, 2019, a conservation district is a participating local entity, as
4997 that term is defined in Section [
4998
4999 Section 86. Section 17D-3-305 is amended to read:
5000 17D-3-305. Setting the date of an election of the board of supervisors -- Notice of
5001 the election.
5002 (1) The commission shall set the date of the election of members of the board of
5003 supervisors of a conservation district.
5004 (2) The commission shall publish notice of the election described in Subsection (1):
5005 (a) (i) in a newspaper of general circulation within the conservation district at least
5006 once, no later than four weeks before the day of the election;
5007 (ii) if there is no newspaper of general circulation in the conservation district, at least
5008 four weeks before the day of the election, by posting one notice, and at least one additional
5009 notice per 2,000 population of the conservation district, in places within the conservation
5010 district that are most likely to give notice to the voters in the conservation district; or
5011 (iii) at least four weeks before the day of the election, by mailing notice to each
5012 registered voter in the conservation district;
5013 (b) on the Utah Public Notice Website created in Section [
5014 four weeks before the day of the election;
5015 (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
5016 and
5017 (d) if the conservation district has a website, on the conservation district's website for
5018 four weeks before the day of the election.
5019 (3) The date set for an election under Subsection (1) may not be later than six weeks
5020 after the date set by the commission for the close of nominations.
5021 (4) The notice required under Subsection (2) shall:
5022 (a) state:
5023 (i) the date of the election;
5024 (ii) the names of all candidates; and
5025 (iii) that a ballot request form for the election may be obtained from the commission
5026 office or from any other place that the commission designates; and
5027 (b) specify the address of the commission office or other place where a ballot request
5028 form may be obtained.
5029 Section 87. Section 19-2-109 is amended to read:
5030 19-2-109. Air quality standards -- Hearings on adoption -- Orders of director --
5031 Adoption of emission control requirements.
5032 (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
5033 hearings.
5034 (b) Notice of any public hearing for the consideration, adoption, or amendment of air
5035 quality standards shall specify the locations to which the proposed standards apply and the
5036 time, date, and place of the hearing.
5037 (c) The notice shall be:
5038 (i) (A) published at least twice in any newspaper of general circulation in the area
5039 affected; and
5040 (B) published on the Utah Public Notice Website created in Section [
5041 63A-12-201, at least 20 days before the public hearing; and
5042 (ii) mailed at least 20 days before the public hearing to the chief executive of each
5043 political subdivision of the area affected and to other persons the director has reason to believe
5044 will be affected by the standards.
5045 (d) The adoption of air quality standards or any modification or changes to air quality
5046 standards shall be by order of the director following formal action of the board with respect to
5047 the standards.
5048 (e) The order shall be published:
5049 (i) in a newspaper of general circulation in the area affected; and
5050 (ii) as required in Section 45-1-101.
5051 (2) (a) The board may establish emission control requirements by rule that in its
5052 judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
5053 may vary from area to area, taking into account varying local conditions.
5054 (b) In adopting these requirements, the board shall give notice and conduct public
5055 hearings in accordance with the requirements in Subsection (1).
5056 Section 88. Section 20A-1-512 is amended to read:
5057 20A-1-512. Midterm vacancies on local district boards.
5058 (1) (a) Whenever a vacancy occurs on any local district board for any reason, the
5059 following shall appoint a replacement to serve out the unexpired term in accordance with this
5060 section:
5061 (i) the local district board, if the person vacating the position was elected; or
5062 (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
5063 appointing authority appointed the person vacating the position.
5064 (b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
5065 district board or appointing authority shall:
5066 (i) give public notice of the vacancy at least two weeks before the local district board
5067 or appointing authority meets to fill the vacancy by:
5068 (A) if there is a newspaper of general circulation, as that term is defined in Section
5069 45-1-201, within the district, publishing the notice in the newspaper of general circulation;
5070 (B) posting the notice in three public places within the local district; and
5071 (C) posting on the Utah Public Notice Website created under Section [
5072 63A-12-201; and
5073 (ii) identify, in the notice:
5074 (A) the date, time, and place of the meeting where the vacancy will be filled;
5075 (B) the individual to whom an individual who is interested in an appointment to fill the
5076 vacancy may submit the individual's name for consideration; and
5077 (C) any submission deadline.
5078 (c) An appointing authority is not subject to Subsection (1)(b) if:
5079 (i) the appointing authority appoints one of the appointing authority's own members;
5080 and
5081 (ii) that member meets all applicable statutory board member qualifications.
5082 (2) If the local district board fails to appoint an individual to complete an elected board
5083 member's term within 90 days, the legislative body of the county or municipality that created
5084 the local district shall fill the vacancy in accordance with the procedure for a local district
5085 described in Subsection (1)(b).
5086 Section 89. Section 20A-3-604 is amended to read:
5087 20A-3-604. Notice of time and place of early voting.
5088 (1) Except as provided in Section 20A-1-308 or Subsection 20A-3-603(2), the election
5089 officer shall, at least 19 days before the date of the election, publish notice of the dates, times,
5090 and locations of early voting:
5091 (a) (i) in one issue of a newspaper of general circulation in the county;
5092 (ii) if there is no newspaper of general circulation in the county, in addition to posting
5093 the notice described in Subsection (1)(b), by posting one notice, and at least one additional
5094 notice per 2,000 population of the county, in places within the county that are most likely to
5095 give notice to the residents in the county; or
5096 (iii) by mailing notice to each registered voter in the county;
5097 (b) by posting the notice at each early voting polling place;
5098 (c) on the Utah Public Notice Website created in Section [
5099 19 days before the day of the election;
5100 (d) in accordance with Section 45-1-101, for 19 days before the date of the election;
5101 and
5102 (e) on the county's website for 19 days before the day of the election.
5103 (2) Instead of publishing all dates, times, and locations of early voting under
5104 Subsection (1), the election officer may publish a statement that specifies the following sources
5105 where a voter may view or obtain a copy of all dates, times, and locations of early voting:
5106 (a) the county's website;
5107 (b) the physical address of the county's offices; and
5108 (c) a mailing address and telephone number.
5109 (3) The election officer shall include in the notice described in Subsection (1):
5110 (a) the address of the Statewide Electronic Voter Information Website and, if available,
5111 the address of the election officer's website, with a statement indicating that the election officer
5112 will post on the website the location of each early voting polling place, including any changes
5113 to the location of an early voting polling place and the location of additional early voting
5114 polling places; and
5115 (b) a phone number that a voter may call to obtain information regarding the location
5116 of an early voting polling place.
5117 Section 90. Section 20A-4-104 is amended to read:
5118 20A-4-104. Counting ballots electronically.
5119 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
5120 election officer shall test the automatic tabulating equipment to ensure that it will accurately
5121 count the votes cast for all offices and all measures.
5122 (b) The election officer shall publish public notice of the time and place of the test:
5123 (i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
5124 general circulation in the county, municipality, or jurisdiction where the equipment is used;
5125 (B) if there is no daily or weekly newspaper of general circulation in the county,
5126 municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
5127 test, by posting one notice, and at least one additional notice per 2,000 population of the
5128 county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
5129 that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
5130 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
5131 in the county, municipality, or jurisdiction where the equipment is used;
5132 (ii) on the Utah Public Notice Website created in Section [
5133 four weeks before the day of the test;
5134 (iii) in accordance with Section 45-1-101, for at least 10 days before the day of the test;
5135 and
5136 (iv) if the county, municipality, or jurisdiction has a website, on the website for four
5137 weeks before the day of the test.
5138 (c) The election officer shall conduct the test by processing a preaudited group of
5139 ballots.
5140 (d) The election officer shall ensure that:
5141 (i) a predetermined number of valid votes for each candidate and measure are recorded
5142 on the ballots;
5143 (ii) for each office, one or more ballot sheets have votes in excess of the number
5144 allowed by law in order to test the ability of the automatic tabulating equipment to reject those
5145 votes; and
5146 (iii) a different number of valid votes are assigned to each candidate for an office, and
5147 for and against each measure.
5148 (e) If any error is detected, the election officer shall determine the cause of the error
5149 and correct it.
5150 (f) The election officer shall ensure that:
5151 (i) the automatic tabulating equipment produces an errorless count before beginning
5152 the actual counting; and
5153 (ii) the automatic tabulating equipment passes the same test at the end of the count
5154 before the election returns are approved as official.
5155 (2) (a) The election officer or the election officer's designee shall supervise and direct
5156 all proceedings at the counting center.
5157 (b) (i) Proceedings at the counting center are public and may be observed by interested
5158 persons.
5159 (ii) Only those persons authorized to participate in the count may touch any ballot or
5160 return.
5161 (c) The election officer shall deputize and administer an oath or affirmation to all
5162 persons who are engaged in processing and counting the ballots that they will faithfully
5163 perform their assigned duties.
5164 (3) If any ballot is damaged or defective so that it cannot properly be counted by the
5165 automatic tabulating equipment, the election officer shall ensure that two counting judges
5166 jointly :
5167 (a) create a true duplicate copy of the ballot with an identifying serial number;
5168 (b) substitute the duplicate ballot for the damaged or defective ballot;
5169 (c) label the duplicate ballot "duplicate"; and
5170 (d) record the duplicate ballot's serial number on the damaged or defective ballot.
5171 (4) The election officer may:
5172 (a) conduct an unofficial count before conducting the official count in order to provide
5173 early unofficial returns to the public;
5174 (b) release unofficial returns from time to time after the polls close; and
5175 (c) report the progress of the count for each candidate during the actual counting of
5176 ballots.
5177 (5) The election officer shall review and evaluate the provisional ballot envelopes and
5178 prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
5179 (6) (a) The election officer or the election officer's designee shall:
5180 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
5181 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
5182 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
5183 more votes for an office than that voter is entitled to vote for that office, the poll workers shall
5184 count the valid write-in vote as being the obvious intent of the voter.
5185 (7) (a) The election officer shall certify the return printed by the automatic tabulating
5186 equipment, to which have been added write-in and absentee votes, as the official return of each
5187 voting precinct.
5188 (b) Upon completion of the count, the election officer shall make official returns open
5189 to the public.
5190 (8) If for any reason it becomes impracticable to count all or a part of the ballots with
5191 tabulating equipment, the election officer may direct that they be counted manually according
5192 to the procedures and requirements of this part.
5193 (9) After the count is completed, the election officer shall seal and retain the programs,
5194 test materials, and ballots as provided in Section 20A-4-202.
5195 Section 91. Section 20A-4-304 is amended to read:
5196 20A-4-304. Declaration of results -- Canvassers' report.
5197 (1) Each board of canvassers shall:
5198 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
5199 declare "elected" or "nominated" those persons who:
5200 (i) had the highest number of votes; and
5201 (ii) sought election or nomination to an office completely within the board's
5202 jurisdiction;
5203 (b) declare:
5204 (i) "approved" those ballot propositions that:
5205 (A) had more "yes" votes than "no" votes; and
5206 (B) were submitted only to the voters within the board's jurisdiction;
5207 (ii) "rejected" those ballot propositions that:
5208 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
5209 votes; and
5210 (B) were submitted only to the voters within the board's jurisdiction;
5211 (c) certify the vote totals for persons and for and against ballot propositions that were
5212 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
5213 the lieutenant governor; and
5214 (d) if applicable, certify the results of each local district election to the local district
5215 clerk.
5216 (2) As soon as the result is declared, the election officer shall prepare a report of the
5217 result, which shall contain:
5218 (a) the total number of votes cast in the board's jurisdiction;
5219 (b) the names of each candidate whose name appeared on the ballot;
5220 (c) the title of each ballot proposition that appeared on the ballot;
5221 (d) each office that appeared on the ballot;
5222 (e) from each voting precinct:
5223 (i) the number of votes for each candidate;
5224 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
5225 Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
5226 potential ballot-counting phase and the name of the candidate excluded in each canvassing
5227 phase; and
5228 (iii) the number of votes for and against each ballot proposition;
5229 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
5230 and against each ballot proposition;
5231 (g) the number of ballots that were rejected; and
5232 (h) a statement certifying that the information contained in the report is accurate.
5233 (3) The election officer and the board of canvassers shall:
5234 (a) review the report to ensure that it is correct; and
5235 (b) sign the report.
5236 (4) The election officer shall:
5237 (a) record or file the certified report in a book kept for that purpose;
5238 (b) prepare and transmit a certificate of nomination or election under the officer's seal
5239 to each nominated or elected candidate;
5240 (c) publish a copy of the certified report in accordance with Subsection (5); and
5241 (d) file a copy of the certified report with the lieutenant governor.
5242 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
5243 days after the day on which the board of canvassers declares the election results, publish the
5244 certified report described in Subsection (2):
5245 (a) (i) at least once in a newspaper of general circulation within the jurisdiction;
5246 (ii) if there is no newspaper of general circulation within the jurisdiction, by posting
5247 one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places
5248 within the jurisdiction that are most likely to give notice to the residents of the jurisdiction; or
5249 (iii) by mailing notice to each residence within the jurisdiction;
5250 (b) on the Utah Public Notice Website created in Section [
5251 one week;
5252 (c) in accordance with Section 45-1-101, for one week; and
5253 (d) if the jurisdiction has a website, on the jurisdiction's website for one week.
5254 (6) Instead of publishing the entire certified report under Subsection (5), the election
5255 officer may publish a statement that:
5256 (a) includes the following: "The Board of Canvassers for [indicate name of
5257 jurisdiction] has prepared a report of the election results for the [indicate type and date of
5258 election]."; and
5259 (b) specifies the following sources where an individual may view or obtain a copy of
5260 the entire certified report:
5261 (i) if the jurisdiction has a website, the jurisdiction's website;
5262 (ii) the physical address for the jurisdiction; and
5263 (iii) a mailing address and telephone number.
5264 (7) When there has been a regular general or a statewide special election for statewide
5265 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
5266 or more county ballot proposition, each board of canvassers shall:
5267 (a) prepare a separate report detailing the number of votes for each candidate and the
5268 number of votes for and against each ballot proposition; and
5269 (b) transmit the separate report by registered mail to the lieutenant governor.
5270 (8) In each county election, municipal election, school election, local district election,
5271 and local special election, the election officer shall transmit the reports to the lieutenant
5272 governor within 14 days after the date of the election.
5273 (9) In a regular primary election and in a presidential primary election, the board shall
5274 transmit to the lieutenant governor:
5275 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
5276 governor not later than the second Tuesday after the election; and
5277 (b) a complete tabulation showing voting totals for all primary races, precinct by
5278 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
5279 primary election.
5280 Section 92. Section 20A-5-101 is amended to read:
5281 20A-5-101. Notice of election.
5282 (1) On or before November 15 in the year before each regular general election year, the
5283 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
5284 (a) designates the offices to be filled at the next year's regular general election;
5285 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
5286 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
5287 and 20A-9-408 for those offices; and
5288 (c) contains a description of any ballot propositions to be decided by the voters that
5289 have qualified for the ballot as of that date.
5290 (2) No later than seven business days after the day on which the lieutenant governor
5291 transmits the written notice described in Subsection (1), each county clerk shall publish notice,
5292 in accordance with Subsection (3):
5293 (a) (i) in a conspicuous place most likely to give notice of the election to the voters in
5294 each voting precinct within the county; and
5295 (ii) prepare an affidavit of the posting, showing a copy of the notice and the places
5296 where the notice was posted;
5297 (b) (i) in a newspaper of general circulation in the county;
5298 (ii) if there is no newspaper of general circulation within the county, in addition to the
5299 notice described in Subsection (2)(a), by posting one notice, and at least one additional notice
5300 per 2,000 population of the county, in places within the county that are most likely to give
5301 notice of the election to the voters in the county; or
5302 (iii) by mailing notice to each registered voter in the county;
5303 (c) on the Utah Public Notice Website created in Section [
5304 seven days before the day of the election;
5305 (d) in accordance with Section 45-1-101, for seven days before the day of the election;
5306 and
5307 (e) on the county's website for seven days before the day of the election.
5308 (3) The notice described in Subsection (2) shall:
5309 (a) designate the offices to be voted on in that election; and
5310 (b) identify the dates for filing a declaration of candidacy for those offices.
5311 (4) Except as provided in Subsection (6), before each election, the election officer shall
5312 give printed notice of the following information:
5313 (a) the date of election;
5314 (b) the hours during which the polls will be open;
5315 (c) the polling places for each voting precinct, early voting polling place, and election
5316 day voting center;
5317 (d) the address of the Statewide Electronic Voter Information Website and, if available,
5318 the address of the election officer's website, with a statement indicating that the election officer
5319 will post on the website any changes to the location of a polling place and the location of any
5320 additional polling place;
5321 (e) a phone number that a voter may call to obtain information regarding the location of
5322 a polling place; and
5323 (f) the qualifications for persons to vote in the election.
5324 (5) To provide the printed notice described in Subsection (4), the election officer shall
5325 publish the notice:
5326 (a) (i) in a newspaper of general circulation in the jurisdiction to which the election
5327 pertains at least two days before the day of the election;
5328 (ii) if there is no newspaper of general circulation in the jurisdiction to which the
5329 election pertains, at least two days before the day of the election, by posting one notice, and at
5330 least one additional notice per 2,000 population of the jurisdiction, in places within the
5331 jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
5332 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
5333 which the election pertains at least five days before the day of the election;
5334 (b) on the Utah Public Notice Website created in Section [
5335 two days before the day of the election;
5336 (c) in accordance with Section 45-1-101, for two days before the day of the election;
5337 and
5338 (d) if the jurisdiction has a website, on the jurisdiction's website for two days before
5339 the day of the election.
5340 (6) Instead of including the information described in Subsection (4) in the notice, the
5341 election officer may give printed notice that:
5342 (a) is entitled "Notice of Election";
5343 (b) includes the following: "A [indicate election type] will be held in [indicate the
5344 jurisdiction] on [indicate date of election]. Information relating to the election, including
5345 polling places, polling place hours, and qualifications of voters may be obtained from the
5346 following sources:"; and
5347 (c) specifies the following sources where an individual may view or obtain the
5348 information described in Subsection (4):
5349 (i) if the jurisdiction has a website, the jurisdiction's website;
5350 (ii) the physical address of the jurisdiction offices; and
5351 (iii) a mailing address and telephone number.
5352 Section 93. Section 20A-5-405 is amended to read:
5353 20A-5-405. Election officer to provide ballots.
5354 (1) In jurisdictions using paper ballots, each election officer shall:
5355 (a) provide printed official paper ballots and absentee ballots for every election of
5356 public officers in which the voters, or any of the voters, within the election officer's jurisdiction
5357 participate;
5358 (b) cause the name of every candidate whose nomination has been certified to or filed
5359 with the election officer in the manner provided by law to be printed on each official paper
5360 ballot and absentee ballot;
5361 (c) cause any ballot proposition that has qualified for the ballot as provided by law to
5362 be printed on each official paper ballot and absentee ballot;
5363 (d) ensure that the official paper ballots are printed and in the possession of the election
5364 officer before commencement of voting;
5365 (e) ensure that the absentee ballots are printed and in the possession of the election
5366 officer with sufficient time before commencement of voting;
5367 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
5368 be printed on each official paper ballot and absentee ballot;
5369 (g) allow candidates and their agents and the sponsors of ballot propositions that have
5370 qualified for the official ballot to inspect the official paper ballots and absentee ballots;
5371 (h) cause sample ballots to be printed that are in the same form as official paper ballots
5372 and that contain the same information as official paper ballots but that are printed on different
5373 colored paper than official paper ballots;
5374 (i) ensure that the sample ballots are printed and in the possession of the election
5375 officer at least seven days before commencement of voting;
5376 (j) make the sample ballots available for public inspection by:
5377 (i) posting a copy of the sample ballot in the election officer's office at least seven days
5378 before commencement of voting;
5379 (ii) mailing a copy of the sample ballot to:
5380 (A) each candidate listed on the ballot; and
5381 (B) the lieutenant governor;
5382 (iii) publishing a copy of the sample ballot:
5383 (A) except as provided in Subsection (5), at least seven days before the day of the
5384 election in a newspaper of general circulation in the jurisdiction holding the election;
5385 (B) if there is no newspaper of general circulation in the jurisdiction holding the
5386 election, at least seven days before the day of the election, by posting one copy of the sample
5387 ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5388 jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5389 the jurisdiction; or
5390 (C) at least 10 days before the day of the election, by mailing a copy of the sample
5391 ballot to each registered voter who resides in the jurisdiction holding the election;
5392 (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5393 in Section [
5394 (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5395 least seven days before the day of the election; and
5396 (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
5397 seven days before the day of the election;
5398 (k) deliver at least five copies of the sample ballot to poll workers for each polling
5399 place and direct them to post the sample ballots as required by Section 20A-5-102; and
5400 (l) print and deliver, at the expense of the jurisdiction conducting the election, enough
5401 official paper ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
5402 demands of the qualified voters in each voting precinct.
5403 (2) In jurisdictions using a punch card ballot, each election officer shall:
5404 (a) provide official ballot sheets, absentee ballot sheets, and printed official ballot
5405 labels for every election of public officers in which the voters, or any of the voters, within the
5406 election officer's jurisdiction participate;
5407 (b) cause the name of every candidate who filed with the election officer in the manner
5408 provided by law or whose nomination has been certified to the election officer to be printed on
5409 each official ballot label;
5410 (c) cause each ballot proposition that has qualified for the ballot as provided by law to
5411 be printed on each official ballot label;
5412 (d) ensure that the official ballot labels are printed and in the possession of the election
5413 officer before the commencement of voting;
5414 (e) ensure that the absentee ballots are printed and in the possession of the election
5415 officer with sufficient time before commencement of voting;
5416 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
5417 be printed on each official ballot label and absentee ballot;
5418 (g) allow candidates and their agents and the sponsors of ballot propositions that have
5419 qualified for the official sample ballot to inspect the official sample ballot;
5420 (h) cause sample ballots to be printed that contain the same information as official
5421 ballot labels but that are distinguishable from official ballot labels;
5422 (i) ensure that the sample ballots are printed and in the possession of the election
5423 officer at least seven days before commencement of voting;
5424 (j) make the sample ballots available for public inspection by:
5425 (i) posting a copy of the sample ballot in his office at least seven days before
5426 commencement of voting;
5427 (ii) mailing a copy of the sample ballot to:
5428 (A) each candidate listed on the ballot; and
5429 (B) the lieutenant governor;
5430 (iii) publishing a copy of the sample ballot:
5431 (A) except as provided in Subsection (5), at least seven days before the day of the
5432 election in a newspaper of general circulation in the jurisdiction holding the election;
5433 (B) if there is no newspaper of general circulation in the jurisdiction holding the
5434 election, at least seven days before the day of the election, by posting one copy of the sample
5435 ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5436 jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5437 the jurisdiction; or
5438 (C) at least 10 days before the day of the election, by mailing a copy of the sample
5439 ballot to each registered voter who resides in the jurisdiction holding the election;
5440 (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5441 in Section [
5442 (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5443 least seven days before the day of the election; and
5444 (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
5445 seven days before the day of the election;
5446 (k) deliver at least five copies of the sample ballot to poll workers for each polling
5447 place and direct them to post the sample ballots as required by Section 20A-5-102; and
5448 (l) print and deliver official ballot sheets, official ballot labels, sample ballots, and
5449 instruction cards at the expense of the jurisdiction conducting the election.
5450 (3) In jurisdictions using a ballot sheet other than a punch card, each election officer
5451 shall:
5452 (a) provide official ballot sheets and absentee ballot sheets for every election of public
5453 officers in which the voters, or any of the voters, within the election officer's jurisdiction
5454 participate;
5455 (b) cause the name of every candidate who filed with the election officer in the manner
5456 provided by law or whose nomination has been certified to or filed with the election officer to
5457 be printed on each official ballot and absentee ballot;
5458 (c) cause each ballot proposition that has qualified for the ballot as provided by law to
5459 be printed on each official ballot and absentee ballot;
5460 (d) ensure that the official ballots are printed and in the possession of the election
5461 officer before commencement of voting;
5462 (e) ensure that the absentee ballots are printed and in the possession of the election
5463 officer with sufficient time before commencement of voting;
5464 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
5465 be printed on each official ballot and absentee ballot;
5466 (g) allow candidates and their agents and the sponsors of ballot propositions that have
5467 qualified for the official sample ballot to inspect the official sample ballot;
5468 (h) cause sample ballots to be printed that contain the same information as official
5469 ballots but that are distinguishable from the official ballots;
5470 (i) ensure that the sample ballots are printed and in the possession of the election
5471 officer at least seven days before commencement of voting;
5472 (j) make the sample ballots available for public inspection by:
5473 (i) posting a copy of the sample ballot in the election officer's office at least seven days
5474 before commencement of voting;
5475 (ii) mailing a copy of the sample ballot to:
5476 (A) each candidate listed on the ballot; and
5477 (B) the lieutenant governor;
5478 (iii) publishing a copy of the sample ballot:
5479 (A) except as provided in Subsection (5), at least seven days before the day of the
5480 election in a newspaper of general circulation in the jurisdiction holding the election;
5481 (B) if there is no newspaper of general circulation in the jurisdiction holding the
5482 election, at least seven days before the day of the election, by posting one copy of the sample
5483 ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5484 jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5485 the jurisdiction; or
5486 (C) at least 10 days before the day of the election, by mailing a copy of the sample
5487 ballot to each registered voter who resides in the jurisdiction holding the election;
5488 (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5489 in Section [
5490 (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5491 least seven days before the day of the election; and
5492 (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
5493 seven days before the day of the election;
5494 (k) deliver at least five copies of the sample ballot to poll workers for each polling
5495 place and direct them to post the sample ballots as required by Section 20A-5-102; and
5496 (l) print and deliver, at the expense of the jurisdiction conducting the election, enough
5497 official ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
5498 demands of the qualified voters in each voting precinct.
5499 (4) In jurisdictions using electronic ballots, each election officer shall:
5500 (a) provide official ballots for every election of public officers in which the voters, or
5501 any of the voters, within the election officer's jurisdiction participate;
5502 (b) cause the name of every candidate who filed with the election officer in the manner
5503 provided by law or whose nomination has been certified to the election officer to be displayed
5504 on each official ballot;
5505 (c) cause each ballot proposition that has qualified for the ballot as provided by law to
5506 be displayed on each official ballot;
5507 (d) ensure that the official ballots are prepared and in the possession of the election
5508 officer before commencement of voting;
5509 (e) ensure that the absentee ballots are prepared and in the possession of the election
5510 officer with sufficient time before commencement of voting;
5511 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
5512 be printed on each official ballot and absentee ballot;
5513 (g) allow candidates and their agents and the sponsors of ballot propositions that have
5514 qualified for the official sample ballot to inspect the official sample ballot;
5515 (h) cause sample ballots to be printed that contain the same information as official
5516 ballots but that are distinguishable from official ballots;
5517 (i) ensure that the sample ballots are printed and in the possession of the election
5518 officer at least seven days before commencement of voting;
5519 (j) make the sample ballots available for public inspection by:
5520 (i) posting a copy of the sample ballot in the election officer's office at least seven days
5521 before commencement of voting;
5522 (ii) mailing a copy of the sample ballot to:
5523 (A) each candidate listed on the ballot; and
5524 (B) the lieutenant governor;
5525 (iii) publishing a copy of the sample ballot immediately before the election:
5526 (A) except as provided in Subsection (5), at least seven days before the day of the
5527 election in a newspaper of general circulation in the jurisdiction holding the election;
5528 (B) if there is no newspaper of general circulation in the jurisdiction holding the
5529 election, at least seven days before the day of the election, by posting one copy of the sample
5530 ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5531 jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5532 the jurisdiction; or
5533 (C) at least 10 days before the day of the election, by mailing a copy of the sample
5534 ballot to each registered voter who resides in the jurisdiction holding the election;
5535 (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5536 in Section [
5537 (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5538 least seven days before the day of the election; and
5539 (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
5540 seven days before the day of the election;
5541 (k) deliver at least five copies of the sample ballot to poll workers for each polling
5542 place and direct them to post the sample ballots as required by Section 20A-5-102; and
5543 (l) prepare and deliver official ballots, sample ballots, and instruction cards at the
5544 expense of the jurisdiction conducting the election.
5545 (5) Instead of publishing the entire sample ballot under Subsection (1)(j)(iii)(A),
5546 (2)(j)(iii)(A), (3)(j)(iii)(A), or (4)(j)(iii)(A), the election officer may publish a statement that:
5547 (a) is entitled, "sample ballot";
5548 (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
5549 upcoming [indicate type and date of election] may be obtained from the following sources:";
5550 and
5551 (c) specifies the following sources where an individual may view or obtain a copy of
5552 the sample ballot:
5553 (i) if the jurisdiction has a website, the jurisdiction's website;
5554 (ii) the physical address of the jurisdiction's offices; and
5555 (iii) a mailing address and telephone number.
5556 (6) (a) Each election officer shall, without delay, correct any error discovered in any
5557 official paper ballot, ballot label, ballot sheet, electronic ballot, or sample ballot, if the
5558 correction can be made without interfering with the timely distribution of the paper ballots,
5559 ballot labels, ballot sheets, or electronic ballots.
5560 (b) (i) If the election officer discovers an error or omission in a paper ballot, ballot
5561 label, or ballot sheet, and it is not possible to correct the error or omission by reprinting the
5562 paper ballots, ballot labels, or ballot sheets, the election officer shall direct the poll workers to
5563 make the necessary corrections on the official paper ballots, ballot labels, or ballot sheets
5564 before they are distributed at the polls.
5565 (ii) If the election officer discovers an error or omission in an electronic ballot and it is
5566 not possible to correct the error or omission by revising the electronic ballot, the election
5567 officer shall direct the poll workers to post notice of each error or omission with instructions on
5568 how to correct each error or omission in a prominent position at each polling booth.
5569 (c) (i) If the election officer refuses or fails to correct an error or omission in the paper
5570 ballots, ballot labels, ballot sheets, or electronic ballots, a candidate or a candidate's agent may
5571 file a verified petition with the district court asserting that:
5572 (A) an error or omission has occurred in:
5573 (I) the publication of the name or description of a candidate;
5574 (II) the preparation or display of an electronic ballot; or
5575 (III) in the printing of sample or official paper ballots, ballot labels, or ballot sheets;
5576 and
5577 (B) the election officer has failed to correct or provide for the correction of the error or
5578 omission.
5579 (ii) The district court shall issue an order requiring correction of any error in a paper
5580 ballot, ballot label, ballot sheet, or electronic ballot or an order to show cause why the error
5581 should not be corrected if it appears to the court that the error or omission has occurred and the
5582 election officer has failed to correct it or failed to provide for its correction.
5583 (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
5584 Supreme Court within five days after the decision of the district court.
5585 Section 94. Section 20A-7-204.1 is amended to read:
5586 20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
5587 Changes to an initiative and initial fiscal impact estimate.
5588 (1) (a) After issuance of the initial fiscal impact estimate by the Office of the
5589 Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
5590 sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
5591 follows:
5592 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
5593 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
5594 County;
5595 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
5596 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
5597 County;
5598 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
5599 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
5600 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
5601 County.
5602 (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
5603 the public hearings in a first or second class county, but not in the same county.
5604 (c) The sponsors may not hold a public hearing described in this section until the later
5605 of:
5606 (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
5607 estimate under Subsection 20A-7-202.5(4)(b); or
5608 (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
5609 impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
5610 (2) The sponsors shall:
5611 (a) before 5 p.m. at least three calendar days before the date of the public hearing,
5612 provide written notice of the public hearing to:
5613 (i) the lieutenant governor for posting on the state's website; and
5614 (ii) each state senator, state representative, and county commission or county council
5615 member who is elected in whole or in part from the region where the public hearing will be
5616 held; and
5617 (b) publish written notice of the public hearing, including the time, date, and location
5618 of the public hearing, in each county in the region where the public hearing will be held:
5619 (i) (A) at least three calendar days before the day of the public hearing, in a newspaper
5620 of general circulation in the county;
5621 (B) if there is no newspaper of general circulation in the county, at least three calendar
5622 days before the day of the public hearing, by posting one copy of the notice, and at least one
5623 additional copy of the notice per 2,000 population of the county, in places within the county
5624 that are most likely to give notice to the residents of the county; or
5625 (C) at least seven days before the day of the public hearing, by mailing notice to each
5626 residence in the county;
5627 (ii) on the Utah Public Notice Website created in Section [
5628 at least three calendar days before the day of the public hearing;
5629 (iii) in accordance with Section 45-1-101, for at least three calendar days before the
5630 day of the public hearing; and
5631 (iv) on the county's website for at least three calendar days before the day of the public
5632 hearing.
5633 (3) If the initiative petition proposes a tax increase, the written notice described in
5634 Subsection (2) shall include the following statement, in bold, in the same font and point size as
5635 the largest font and point size appearing in the notice:
5636 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
5637 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
5638 percent increase in the current tax rate."
5639 (4) (a) During the public hearing, the sponsors shall either:
5640 (i) video tape or audio tape the public hearing and, when the hearing is complete,
5641 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
5642 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
5643 each speaker and summarizing each speaker's comments.
5644 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
5645 public.
5646 (c) For each public hearing, the sponsors shall:
5647 (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
5648 impact statement in a conspicuous location at the entrance to the room where the sponsors hold
5649 the public hearing; and
5650 (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
5651 public hearing attendees, in a conspicuous location at the entrance to the room where the
5652 sponsors hold the public hearing.
5653 (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
5654 seventh public hearing described in Subsection (1)(a), and before circulating an initiative
5655 petition for signatures, the sponsors of the initiative petition may change the text of the
5656 proposed law if:
5657 (i) a change to the text is:
5658 (A) germane to the text of the proposed law filed with the lieutenant governor under
5659 Section 20A-7-202; and
5660 (B) consistent with the requirements of Subsection 20A-7-202(5); and
5661 (ii) each sponsor signs, attested to by a notary public, an application addendum to
5662 change the text of the proposed law.
5663 (b) (i) Within three working days after the day on which the lieutenant governor
5664 receives an application addendum to change the text of the proposed law in an initiative
5665 petition, the lieutenant governor shall submit a copy of the application addendum to the Office
5666 of the Legislative Fiscal Analyst.
5667 (ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
5668 estimate by following the procedures and requirements of Section 20A-7-202.5 to reflect a
5669 change to the text of the proposed law.
5670 Section 95. Section 20A-7-401.5 is amended to read:
5671 20A-7-401.5. Proposition information pamphlet.
5672 (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
5673 circulate an initiative petition under Section 20A-7-502 or an application to circulate a
5674 referendum petition under Section 20A-7-602:
5675 (A) the sponsors of the proposed initiative or referendum may submit a written
5676 argument in favor of the proposed initiative or referendum to the election officer of the county
5677 or municipality to which the petition relates; and
5678 (B) the county or municipality to which the application relates may submit a written
5679 argument in favor of, or against, the proposed initiative or referendum to the county's or
5680 municipality's election officer.
5681 (ii) If a county or municipality submits more than one written argument under
5682 Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
5683 preference to a written argument submitted by a member of a local legislative body if a
5684 majority of the local legislative body supports the written argument.
5685 (b) Within one business day after the day on which an election officer receives an
5686 argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
5687 argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
5688 applicable.
5689 (c) Within one business day after the date on which an election officer receives an
5690 argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
5691 argument to the first three sponsors of the proposed initiative or referendum described in
5692 Subsection (1)(a)(i)(A).
5693 (d) The sponsors of the proposed initiative or referendum may submit a revised version
5694 of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
5695 county or municipality to which the petition relates within 20 days after the day on which the
5696 eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
5697 an application to circulate a referendum petition under Section 20A-7-602.
5698 (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
5699 a county or municipality may submit a revised version of the written argument to the county's
5700 or municipality's election officer within 20 days after the day on which the eligible voter files
5701 an application to circulate an initiative petition under Section 20A-7-502 or an application to
5702 circulate a referendum petition under Section 20A-7-602.
5703 (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
5704 (b) Except as provided in Subsection (2)(c), a person may not modify a written
5705 argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
5706 election officer.
5707 (c) The election officer and the person that submits the written argument described in
5708 Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
5709 (i) correct factual, grammatical, or spelling errors; or
5710 (ii) reduce the number of words to come into compliance with Subsection (2)(a).
5711 (d) An election officer shall refuse to include a written argument in the proposition
5712 information pamphlet described in this section if the person who submits the argument:
5713 (i) fails to negotiate, in good faith, to modify the argument in accordance with
5714 Subsection (2)(c); or
5715 (ii) does not timely submit the written argument to the election officer.
5716 (e) An election officer shall make a good faith effort to negotiate a modification
5717 described in Subsection (2)(c) in an expedited manner.
5718 (3) An election officer who receives a written argument described in Subsection (1)
5719 shall prepare a proposition information pamphlet for publication that includes:
5720 (a) a copy of the application for the proposed initiative or referendum;
5721 (b) except as provided in Subsection (2)(d), immediately after the copy described in
5722 Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
5723 referendum, if any;
5724 (c) except as provided in Subsection (2)(d), immediately after the argument described
5725 in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
5726 (d) a copy of the initial fiscal impact statement and legal impact statement described in
5727 Section 20A-7-502.5 or 20A-7-602.5.
5728 (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
5729 Chapter 2, Government Records Access and Management Act, until the earlier of when the
5730 election officer:
5731 (i) complies with Subsection (4)(b); or
5732 (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
5733 (b) Within 21 days after the day on which the eligible voter files an application to
5734 circulate an initiative petition under Section 20A-7-502, or an application to circulate a
5735 referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
5736 proposition information pamphlet to the sponsors of the initiative or referendum and each
5737 individual who submitted an argument included in the proposition information pamphlet.
5738 (5) An election officer for a municipality shall publish the proposition information
5739 pamphlet as follows:
5740 (a) within the later of 10 days after the day on which the municipality or a court
5741 determines that the proposed initiative or referendum is legally referable to voters, or, if the
5742 election officer modifies an argument under Subsection (2)(c), three days after the day on
5743 which the election officer and the person that submitted the argument agree on the
5744 modification:
5745 (i) by sending the proposition information pamphlet electronically to each individual in
5746 the municipality for whom the municipality has an email address, unless the individual has
5747 indicated that the municipality is prohibited from using the individual's email address for that
5748 purpose; and
5749 (ii) by posting the proposition information pamphlet on the Utah Public Notice
5750 Website, created in Section [
5751 website, if the municipality has a website, until:
5752 (A) if the sponsors of the proposed initiative or referendum do not timely deliver any
5753 verified initiative packets under Section 20A-7-506 or any verified referendum packets under
5754 Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
5755 packets or verified referendum packets;
5756 (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
5757 number of signatures necessary to qualify the proposed initiative or referendum for placement
5758 on the ballot is insufficient and the determination is not timely appealed or is upheld after
5759 appeal; or
5760 (C) the day after the date of the election at which the proposed initiative or referendum
5761 appears on the ballot; and
5762 (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
5763 municipality's residents, including an Internet address, where a resident may view the
5764 proposition information pamphlet, in the next mailing, for which the municipality has not
5765 begun preparation, that falls on or after the later of:
5766 (i) 10 days after the day on which the municipality or a court determines that the
5767 proposed initiative or referendum is legally referable to voters; or
5768 (ii) if the election officer modifies an argument under Subsection (2)(c), three days
5769 after the day on which the election officer and the person that submitted the argument agree on
5770 the modification.
5771 (6) An election officer for a county shall, within the later of 10 days after the day on
5772 which the county or a court determines that the proposed initiative or referendum is legally
5773 referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
5774 three days after the day on which the election officer and the person that submitted the
5775 argument agree on the modification, publish the proposition information pamphlet as follows:
5776 (a) by sending the proposition information pamphlet electronically to each individual
5777 in the county for whom the county has an email address obtained via voter registration; and
5778 (b) by posting the proposition information pamphlet on the Utah Public Notice
5779 Website, created in Section [
5780 website, until:
5781 (i) if the sponsors of the proposed initiative or referendum do not timely deliver any
5782 verified initiative packets under Section 20A-7-506 or any verified referendum packets under
5783 Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
5784 packets or verified referendum packets;
5785 (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
5786 of signatures necessary to qualify the proposed initiative or referendum for placement on the
5787 ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
5788 (iii) the day after the date of the election at which the proposed initiative or referendum
5789 appears on the ballot.
5790 Section 96. Section 20A-7-402 is amended to read:
5791 20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
5792 Preparation -- Statement on front cover.
5793 (1) The county or municipality that is subject to a ballot proposition shall prepare a
5794 local voter information pamphlet that complies with the requirements of this part.
5795 (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
5796 that is subject to a special local ballot proposition shall provide a notice that complies with the
5797 requirements of Subsection (2)(c)(ii) to the municipality's residents by:
5798 (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
5799 municipality's residents, including the notice with a newsletter, utility bill, or other material;
5800 (ii) posting the notice, until after the deadline described in Subsection (2)(d) has
5801 passed, on:
5802 (A) the Utah Public Notice Website created in Section [
5803 (B) the home page of the municipality's website, if the municipality has a website; and
5804 (iii) sending the notice electronically to each individual in the municipality for whom
5805 the municipality has an email address.
5806 (b) A county that is subject to a special local ballot proposition shall:
5807 (i) send an electronic notice that complies with the requirements of Subsection
5808 (2)(c)(ii) to each individual in the county for whom the county has an email address; or
5809 (ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
5810 complies with the requirements of Subsection (2)(c)(ii) on:
5811 (A) the Utah Public Notice Website created in Section [
5812 (B) the home page of the county's website.
5813 (c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
5814 or (b) shall:
5815 (i) mail, send, or post the notice:
5816 (A) not less than 90 days before the date of the election at which a special local ballot
5817 proposition will be voted upon; or
5818 (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
5819 after the special local ballot proposition is approved to be voted upon in an election; and
5820 (ii) ensure that the notice contains:
5821 (A) the ballot title for the special local ballot proposition;
5822 (B) instructions on how to file a request under Subsection (2)(d); and
5823 (C) the deadline described in Subsection (2)(d).
5824 (d) To prepare a written argument for or against a special local ballot proposition, an
5825 eligible voter shall file a request with the election officer before 5 p.m. no later than 55 days
5826 before the day of the election at which the special local ballot proposition is to be voted on.
5827 (e) If more than one eligible voter requests the opportunity to prepare a written
5828 argument for or against a special local ballot proposition, the election officer shall make the
5829 final designation in accordance with the following order of priority:
5830 (i) sponsors have priority in preparing an argument regarding a special local ballot
5831 proposition; and
5832 (ii) members of the local legislative body have priority over others if a majority of the
5833 local legislative body supports the written argument.
5834 (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
5835 later than 67 days before the day of the election at which the ballot proposition is to be voted
5836 on.
5837 (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
5838 favor of the special local ballot proposition.
5839 (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
5840 proposition who submits a request under Subsection (2)(d) may prepare a written argument
5841 against the special local ballot proposition.
5842 (h) An eligible voter who submits a written argument under this section in relation to a
5843 special local ballot proposition shall:
5844 (i) ensure that the written argument does not exceed 500 words in length, not counting
5845 the information described in Subsection (2)(h)(ii) or (iv);
5846 (ii) list, at the end of the argument, at least one, but no more than five, names as
5847 sponsors;
5848 (iii) submit the written argument to the election officer before 5 p.m. no later than 60
5849 days before the election day on which the ballot proposition will be submitted to the voters;
5850 (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
5851 residential address; and
5852 (v) submit with the written argument the eligible voter's name, residential address,
5853 postal address, email address if available, and phone number.
5854 (i) An election officer shall refuse to accept and publish an argument submitted after
5855 the deadline described in Subsection (2)(h)(iii).
5856 (3) (a) An election officer who timely receives the written arguments in favor of and
5857 against a special local ballot proposition shall, within one business day after the day on which
5858 the election office receives both written arguments, send, via mail or email:
5859 (i) a copy of the written argument in favor of the special local ballot proposition to the
5860 eligible voter who submitted the written argument against the special local ballot proposition;
5861 and
5862 (ii) a copy of the written argument against the special local ballot proposition to the
5863 eligible voter who submitted the written argument in favor of the special local ballot
5864 proposition.
5865 (b) The eligible voter who submitted a timely written argument in favor of the special
5866 local ballot proposition:
5867 (i) may submit to the election officer a written rebuttal argument of the written
5868 argument against the special local ballot proposition;
5869 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
5870 not counting the information described in Subsection [
5871 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
5872 before the election day on which the special local ballot proposition will be submitted to the
5873 voters.
5874 (c) The eligible voter who submitted a timely written argument against the special local
5875 ballot proposition:
5876 (i) may submit to the election officer a written rebuttal argument of the written
5877 argument in favor of the special local ballot proposition;
5878 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
5879 not counting the information described in Subsection [
5880 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
5881 before the election day on which the special local ballot proposition will be submitted to the
5882 voters.
5883 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
5884 relation to a special local ballot proposition that is submitted after the deadline described in
5885 Subsection (3)(b)(iii) or (3)(c)(iii).
5886 (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
5887 proposition:
5888 (i) an eligible voter may not modify a written argument or a written rebuttal argument
5889 after the eligible voter submits the written argument or written rebuttal argument to the election
5890 officer; and
5891 (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
5892 modify a written argument or a written rebuttal argument.
5893 (b) The election officer, and the eligible voter who submits a written argument or
5894 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
5895 modify a written argument or written rebuttal argument in order to:
5896 (i) correct factual, grammatical, or spelling errors; and
5897 (ii) reduce the number of words to come into compliance with the requirements of this
5898 section.
5899 (c) An election officer shall refuse to accept and publish a written argument or written
5900 rebuttal argument in relation to a special local ballot proposition if the eligible voter who
5901 submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
5902 modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
5903 (5) In relation to a special local ballot proposition, an election officer may designate
5904 another eligible voter to take the place of an eligible voter described in this section if the
5905 original eligible voter is, due to injury, illness, death, or another circumstance, unable to
5906 continue to fulfill the duties of an eligible voter described in this section.
5907 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
5908 included in a proposition information pamphlet under Section 20A-7-401.5:
5909 (a) may, if a written argument against the standard local ballot proposition is included
5910 in the proposition information pamphlet, submit a written rebuttal argument to the election
5911 officer;
5912 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
5913 and
5914 (c) shall submit the written rebuttal argument no later than 45 days before the election
5915 day on which the standard local ballot proposition will be submitted to the voters.
5916 (7) (a) A county or municipality that submitted a written argument against a standard
5917 local ballot proposition that is included in a proposition information pamphlet under Section
5918 20A-7-401.5:
5919 (i) may, if a written argument in favor of the standard local ballot proposition is
5920 included in the proposition information pamphlet, submit a written rebuttal argument to the
5921 election officer;
5922 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
5923 and
5924 (iii) shall submit the written rebuttal argument no later than 45 days before the election
5925 day on which the ballot proposition will be submitted to the voters.
5926 (b) If a county or municipality submits more than one written rebuttal argument under
5927 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
5928 giving preference to a written rebuttal argument submitted by a member of a local legislative
5929 body.
5930 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
5931 that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
5932 (b) Before an election officer publishes a local voter information pamphlet under this
5933 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
5934 Records Access and Management Act.
5935 (c) An election officer who receives a written rebuttal argument described in this
5936 section may not, before publishing the local voter information pamphlet described in this
5937 section, disclose the written rebuttal argument, or any information contained in the written
5938 rebuttal argument, to any person who may in any way be involved in preparing an opposing
5939 rebuttal argument.
5940 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
5941 rebuttal argument after the written rebuttal argument is submitted to the election officer.
5942 (b) The election officer, and the person who submits a written rebuttal argument, may
5943 jointly agree to modify a written rebuttal argument in order to:
5944 (i) correct factual, grammatical, or spelling errors; or
5945 (ii) reduce the number of words to come into compliance with the requirements of this
5946 section.
5947 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
5948 the person who submits the written rebuttal argument:
5949 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
5950 accordance with Subsection (9)(b); or
5951 (ii) does not timely submit the written rebuttal argument to the election officer.
5952 (d) An election officer shall make a good faith effort to negotiate a modification
5953 described in Subsection (9)(b) in an expedited manner.
5954 (10) An election officer may designate another person to take the place of a person who
5955 submits a written rebuttal argument in relation to a standard local ballot proposition if the
5956 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
5957 person's duties.
5958 (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
5959 impact estimate and the legal impact statement prepared for each initiative under Section
5960 20A-7-502.5.
5961 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
5962 include the following statement in bold type:
5963 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
5964 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
5965 increase in the current tax rate."
5966 (12) (a) In preparing the local voter information pamphlet, the election officer shall:
5967 (i) ensure that the written arguments are printed on the same sheet of paper upon which
5968 the ballot proposition is also printed;
5969 (ii) ensure that the following statement is printed on the front cover or the heading of
5970 the first page of the printed written arguments:
5971 "The arguments for or against a ballot proposition are the opinions of the authors.";
5972 (iii) pay for the printing and binding of the local voter information pamphlet; and
5973 (iv) not less than 15 days before, but not more than 45 days before, the election at
5974 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
5975 voter entitled to vote on the ballot proposition:
5976 (A) a voter information pamphlet; or
5977 (B) the notice described in Subsection (12)(c).
5978 (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
5979 election officer may summarize the ballot proposition in 500 words or less.
5980 (ii) The summary shall state where a complete copy of the ballot proposition is
5981 available for public review.
5982 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
5983 preaddressed return form that a person may use to request delivery of a voter information
5984 pamphlet by mail.
5985 (ii) The notice described in Subsection (12)(c)(i) shall include:
5986 (A) the address of the Statewide Electronic Voter Information Website authorized by
5987 Section 20A-7-801; and
5988 (B) the phone number a voter may call to request delivery of a voter information
5989 pamphlet by mail or carrier.
5990 Section 97. Section 20A-9-203 is amended to read:
5991 20A-9-203. Declarations of candidacy -- Municipal general elections.
5992 (1) An individual may become a candidate for any municipal office if:
5993 (a) the individual is a registered voter; and
5994 (b) (i) the individual has resided within the municipality in which the individual seeks
5995 to hold elective office for the 12 consecutive months immediately before the date of the
5996 election; or
5997 (ii) the territory in which the individual resides was annexed into the municipality, the
5998 individual has resided within the annexed territory or the municipality the 12 consecutive
5999 months immediately before the date of the election.
6000 (2) (a) For purposes of determining whether an individual meets the residency
6001 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
6002 before the election, the municipality is considered to have been incorporated 12 months before
6003 the date of the election.
6004 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
6005 council position shall, if elected from a district, be a resident of the council district from which
6006 the candidate is elected.
6007 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
6008 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
6009 against the elective franchise may not hold office in this state until the right to hold elective
6010 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
6011 (3) (a) An individual seeking to become a candidate for a municipal office shall,
6012 regardless of the nomination method by which the individual is seeking to become a candidate:
6013 (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
6014 Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
6015 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
6016 described in Section 10-3-301 and not later than the close of those office hours, between June 1
6017 and June 7 of any odd-numbered year; and
6018 (ii) pay the filing fee, if one is required by municipal ordinance.
6019 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
6020 declaration of candidacy with the city recorder or town clerk if:
6021 (i) the individual is located outside of the state during the entire filing period;
6022 (ii) the designated agent appears in person before the city recorder or town clerk;
6023 (iii) the individual communicates with the city recorder or town clerk using an
6024 electronic device that allows the individual and city recorder or town clerk to see and hear each
6025 other; and
6026 (iv) the individual provides the city recorder or town clerk with an email address to
6027 which the city recorder or town clerk may send the individual the copies described in
6028 Subsection (4).
6029 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
6030 (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
6031 Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
6032 the office hours described in Section 10-3-301 and not later than the close of those office
6033 hours, between June 1 and June 7 of any odd-numbered year; and
6034 (ii) paying the filing fee, if one is required by municipal ordinance.
6035 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
6036 petition, the filing officer shall:
6037 (i) read to the prospective candidate or individual filing the petition the constitutional
6038 and statutory qualification requirements for the office that the candidate is seeking;
6039 (ii) require the candidate or individual filing the petition to state whether the candidate
6040 meets the requirements described in Subsection (4)(a)(i); and
6041 (iii) inform the candidate or the individual filing the petition that an individual who
6042 holds a municipal elected office may not, at the same time, hold a county elected office.
6043 (b) If the prospective candidate does not meet the qualification requirements for the
6044 office, the filing officer may not accept the declaration of candidacy or nomination petition.
6045 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
6046 filing officer shall:
6047 (i) inform the candidate that the candidate's name will appear on the ballot as it is
6048 written on the declaration of candidacy;
6049 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
6050 for the office the candidate is seeking and inform the candidate that failure to comply will
6051 result in disqualification as a candidate and removal of the candidate's name from the ballot;
6052 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
6053 Electronic Voter Information Website Program and inform the candidate of the submission
6054 deadline under Subsection 20A-7-801(4)(a);
6055 (iv) provide the candidate with a copy of the pledge of fair campaign practices
6056 described under Section 20A-9-206 and inform the candidate that:
6057 (A) signing the pledge is voluntary; and
6058 (B) signed pledges shall be filed with the filing officer; and
6059 (v) accept the declaration of candidacy or nomination petition.
6060 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
6061 officer shall:
6062 (i) accept the candidate's pledge; and
6063 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
6064 candidate's pledge to the chair of the county or state political party of which the candidate is a
6065 member.
6066 (5) (a) The declaration of candidacy shall be in substantially the following form:
6067 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
6068 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
6069 registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
6070 the legal qualifications required of candidates for this office. If filing via a designated agent, I
6071 attest that I will be out of the state of Utah during the entire candidate filing period. I will file
6072 all campaign financial disclosure reports as required by law and I understand that failure to do
6073 so will result in my disqualification as a candidate for this office and removal of my name from
6074 the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
6075 _______________
6076 Subscribed and sworn to (or affirmed) before me by ____ on this
6077 __________(month\day\year).
6078 (Signed) _______________ (Clerk or other officer qualified to administer oath)".
6079 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
6080 not sign the form described in Subsection (5)(a).
6081 (6) If the declaration of candidacy or nomination petition fails to state whether the
6082 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
6083 for the four-year term.
6084 (7) (a) The clerk shall verify with the county clerk that all candidates are registered
6085 voters.
6086 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
6087 print the candidate's name on the ballot.
6088 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
6089 clerk shall:
6090 (a) publish a list of the names of the candidates as they will appear on the ballot:
6091 (i) (A) in at least two successive publications of a newspaper of general circulation in
6092 the municipality;
6093 (B) if there is no newspaper of general circulation in the municipality, by posting one
6094 copy of the list, and at least one additional copy of the list per 2,000 population of the
6095 municipality, in places within the municipality that are most likely to give notice to the voters
6096 in the municipality; or
6097 (C) by mailing notice to each registered voter in the municipality;
6098 (ii) on the Utah Public Notice Website created in Section [
6099 seven days;
6100 (iii) in accordance with Section 45-1-101, for seven days; and
6101 (iv) if the municipality has a website, on the municipality's website for seven days; and
6102 (b) notify the lieutenant governor of the names of the candidates as they will appear on
6103 the ballot.
6104 (9) Except as provided in Subsection (10)(c), an individual may not amend a
6105 declaration of candidacy or nomination petition filed under this section after the candidate
6106 filing period ends.
6107 (10) (a) A declaration of candidacy or nomination petition that an individual files under
6108 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
6109 five days after the last day for filing.
6110 (b) If a person files an objection, the clerk shall:
6111 (i) mail or personally deliver notice of the objection to the affected candidate
6112 immediately; and
6113 (ii) decide any objection within 48 hours after the objection is filed.
6114 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
6115 days after the day on which the clerk sustains the objection, correct the problem for which the
6116 objection is sustained by amending the candidate's declaration of candidacy or nomination
6117 petition, or by filing a new declaration of candidacy.
6118 (d) (i) The clerk's decision upon objections to form is final.
6119 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
6120 prompt application is made to the district court.
6121 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
6122 of its discretion, agrees to review the lower court decision.
6123 (11) A candidate who qualifies for the ballot under this section may withdraw as a
6124 candidate by filing a written affidavit with the municipal clerk.
6125 Section 98. Section 26-61a-303 is amended to read:
6126 26-61a-303. Renewal.
6127 (1) The department shall renew a license under this part every year if, at the time of
6128 renewal:
6129 (a) the licensee meets the requirements of Section 26-61a-301; and
6130 (b) the licensee pays the department a license renewal fee in an amount that, subject to
6131 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
6132 (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
6133 pharmacy's license, the department shall publish notice of an available license:
6134 (i) in a newspaper of general circulation for the geographic area in which the medical
6135 cannabis pharmacy license is available; or
6136 (ii) on the Utah Public Notice Website established in Section [
6137 (b) The department may establish criteria, in collaboration with the Division of
6138 Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
6139 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
6140 pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.
6141 Section 99. Section 32B-8a-302 is amended to read:
6142 32B-8a-302. Application -- Approval process.
6143 (1) To obtain the transfer of a retail license from a retail licensee, the transferee shall
6144 file a transfer application with the department that includes:
6145 (a) an application in the form provided by the department;
6146 (b) a statement as to whether the consideration, if any, to be paid to the transferor
6147 includes payment for transfer of the retail license;
6148 (c) a statement executed under penalty of perjury that the consideration as set forth in
6149 the escrow agreement required by Section 32B-8a-401 is deposited with the escrow holder; and
6150 (d) (i) an application fee of $300; and
6151 (ii) a transfer fee determined in accordance with Section 32B-8a-303.
6152 (2) If the intended transfer of a retail license involves consideration, at least 10 days
6153 before the commission may approve the transfer, the department shall post a notice of the
6154 intended transfer on the Utah Public Notice Website created in Section [
6155 63A-12-201 that states the following:
6156 (a) the name of the transferor;
6157 (b) the name and address of the business currently associated with the retail license;
6158 (c) instructions for filing a claim with the escrow holder; and
6159 (d) the projected date that the commission may consider the transfer application.
6160 (3) (a) (i) Before the commission may approve the transfer of a retail license, the
6161 department shall conduct an investigation and may hold public hearings to gather information
6162 and make recommendations to the commission as to whether the transfer of the retail license
6163 should be approved.
6164 (ii) The department shall forward the information and recommendations described in
6165 this Subsection (3)(a) to the commission to aid in the commission's determination.
6166 (b) Before approving a transfer, the commission shall:
6167 (i) determine that the transferee filed a complete application;
6168 (ii) determine that the transferee is eligible to hold the type of retail license that is to be
6169 transferred at the premises to which the retail license would be transferred;
6170 (iii) determine that the transferee is not delinquent in the payment of an amount
6171 described in Subsection 32B-8a-201(3);
6172 (iv) determine that the transferee is not disqualified under Section 32B-1-304;
6173 (v) consider the locality within which the proposed licensed premises is located,
6174 including the factors listed in Section 32B-5-203 for the issuance of a retail license;
6175 (vi) consider the transferee's ability to manage and operate the retail license to be
6176 transferred, including the factors listed in Section 32B-5-203 for the issuance of a retail license;
6177 (vii) consider the nature or type of retail licensee operation of the transferee, including
6178 the factors listed in Section 32B-5-203 for the issuance of a retail license;
6179 (viii) if the transfer involves consideration, determine that the transferee and transferor
6180 have complied with Part 4, Protection of Creditors; and
6181 (ix) consider any other factor the commission considers necessary.
6182 (4) Except as otherwise provided in Section 32B-1-202, the commission may not
6183 approve the transfer of a retail license to premises that do not meet the proximity requirements
6184 of Subsection 32B-1-202(2).
6185 Section 100. Section 45-1-101 is amended to read:
6186 45-1-101. Legal notice publication requirements.
6187 (1) As used in this section:
6188 (a) "Average advertisement rate" means:
6189 (i) in determining a rate for publication on the public legal notice website or in a
6190 newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth
6191 class, a newspaper's gross advertising revenue for the preceding calendar quarter divided by the
6192 gross column-inch space used in the newspaper for advertising for the previous calendar
6193 quarter; or
6194 (ii) in determining a rate for publication in a newspaper that primarily distributes
6195 publications in a county of the first or second class, a newspaper's average rate for all
6196 qualifying advertising segments for the preceding calendar quarter for an advertisement:
6197 (A) published in the same section of the newspaper as the legal notice; and
6198 (B) of the same column-inch space as the legal notice.
6199 (b) "Column-inch space" means a unit of space that is one standard column wide by
6200 one inch high.
6201 (c) "Gross advertising revenue" means the total revenue obtained by a newspaper from
6202 all of its qualifying advertising segments.
6203 (d) (i) "Legal notice" means:
6204 (A) a communication required to be made public by a state statute or state agency rule;
6205 or
6206 (B) a notice required for judicial proceedings or by judicial decision.
6207 (ii) "Legal notice" does not include:
6208 (A) a public notice published by a public body in accordance with the provisions of
6209 Sections 52-4-202 and [
6210 (B) a notice of delinquency in the payment of property taxes described in Section
6211 59-2-1332.5.
6212 (e) "Local district" is as defined in Section 17B-1-102.
6213 (f) "Public legal notice website" means the website described in Subsection (2)(b) for
6214 the purpose of publishing a legal notice online.
6215 (g) (i) "Qualifying advertising segment" means, except as provided in Subsection
6216 (1)(g)(ii), a category of print advertising sold by a newspaper, including classified advertising,
6217 line advertising, and display advertising.
6218 (ii) "Qualifying advertising segment" does not include legal notice advertising.
6219 (h) "Special service district" is as defined in Section 17D-1-102.
6220 (2) Except as provided in Subsections (8) and (9), notwithstanding any other legal
6221 notice provision established by law, a person required by law to publish legal notice shall
6222 publish the notice:
6223 (a) (i) as required by the statute establishing the legal notice requirement; or
6224 (ii) by serving legal notice, by certified mail or in person, directly on all parties for
6225 whom the statute establishing the legal notice requirement requires legal notice, if:
6226 (A) the direct service of legal notice does not replace publication in a newspaper that
6227 primarily distributes publications in a county of the third, fourth, fifth, or sixth class;
6228 (B) the statute clearly identifies the parties;
6229 (C) the person can prove that the person has identified all parties for whom notice is
6230 required; and
6231 (D) the person keeps a record of the service for at least two years; and
6232 (b) on a public legal notice website established by the combined efforts of Utah's
6233 newspapers that collectively distribute newspapers to the majority of newspaper subscribers in
6234 the state.
6235 (3) The public legal notice website shall:
6236 (a) be available for viewing and searching by the general public, free of charge; and
6237 (b) accept legal notice posting from any newspaper in the state.
6238 (4) A person that publishes legal notice as required under Subsection (2) is not relieved
6239 from complying with an otherwise applicable requirement under Title 52, Chapter 4, Open and
6240 Public Meetings Act.
6241 (5) If legal notice is required by law and one option for complying with the
6242 requirement is publication in a newspaper, or if a local district or a special service district
6243 publishes legal notice in a newspaper, the newspaper:
6244 (a) may not charge more for publication than the newspaper's average advertisement
6245 rate; and
6246 (b) shall publish the legal notice on the public legal notice website at no additional
6247 cost.
6248 (6) If legal notice is not required by law, if legal notice is required by law and the
6249 person providing legal notice, in accordance with the requirements of law , chooses not to
6250 publish the legal notice in a newspaper, or if a local district or a special service district with an
6251 annual operating budget of less than $250,000 chooses to publish a legal notice on the public
6252 notice website without publishing the complete notice in the newspaper, a newspaper:
6253 (a) may not charge more than an amount equal to 15% of the newspaper's average
6254 advertisement rate for publishing five column lines in the newspaper to publish legal notice on
6255 the public legal notice website;
6256 (b) may not require that the legal notice be published in the newspaper; and
6257 (c) at the request of the person publishing on the legal notice website, shall publish in
6258 the newspaper up to five column lines, at no additional charge, that briefly describe the legal
6259 notice and provide the web address where the full public legal notice can be found.
6260 (7) If a newspaper offers to publish the type of legal notice described in Subsection (5),
6261 it may not refuse to publish the type of legal notice described in Subsection (6).
6262 (8) Notwithstanding the requirements of a statute that requires the publication of legal
6263 notice, if legal notice is required by law to be published by a local district or a special service
6264 district with an annual operating budget of $250,000 or more, the local district or special
6265 service district shall satisfy its legal notice publishing requirements by:
6266 (a) mailing a written notice, postage prepaid:
6267 (i) to each voter in the local district or special service district; and
6268 (ii) that contains the information required by the statute that requires the publication of
6269 legal notice; or
6270 (b) publishing the legal notice in a newspaper and on the legal public notice website as
6271 described in Subsection (5).
6272 (9) Notwithstanding the requirements of a statute that requires the publication of legal
6273 notice, if legal notice is required by law to be published by a local district or a special service
6274 district with an annual operating budget of less than $250,000, the local district or special
6275 service district shall satisfy its legal notice publishing requirements by:
6276 (a) mailing a written notice, postage prepaid:
6277 (i) to each voter in the local district or special service district; and
6278 (ii) that contains the information required by the statute that requires the publication of
6279 legal notice; or
6280 (b) publishing the legal notice in a newspaper and on the public legal notice website as
6281 described in Subsection (5); or
6282 (c) publishing the legal notice on the public legal notice website as described in
6283 Subsection (6).
6284 Section 101. Section 49-11-1102 is amended to read:
6285 49-11-1102. Public notice of administrative board meetings -- Posting on Utah
6286 Public Notice Website.
6287 (1) The office shall provide advance public notice of meetings and agendas on the Utah
6288 Public Notice Website established in Section [
6289 meetings.
6290 (2) The office may post other public materials, as directed by the board, on the Utah
6291 Public Notice Website.
6292 Section 102. Section 52-4-202 is amended to read:
6293 52-4-202. Public notice of meetings -- Emergency meetings.
6294 (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
6295 meeting.
6296 (ii) A specified body shall give not less than 24 hours' public notice of each meeting
6297 that the specified body holds on the capitol hill complex.
6298 (b) The public notice required under Subsection (1)(a) shall include the meeting:
6299 (i) agenda;
6300 (ii) date;
6301 (iii) time; and
6302 (iv) place.
6303 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
6304 regular meetings that are scheduled in advance over the course of a year shall give public
6305 notice at least once each year of its annual meeting schedule as provided in this section.
6306 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
6307 the scheduled meetings.
6308 (3) (a) A public body or specified body satisfies a requirement for public notice by:
6309 (i) posting written notice:
6310 (A) at the principal office of the public body or specified body, or if no principal office
6311 exists, at the building where the meeting is to be held; and
6312 (B) on the Utah Public Notice Website created under Section [
6313 and
6314 (ii) providing notice to:
6315 (A) at least one newspaper of general circulation within the geographic jurisdiction of
6316 the public body; or
6317 (B) a local media correspondent.
6318 (b) A public body or specified body is in compliance with the provisions of Subsection
6319 (3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
6320 of Subsection [
6321 (c) A public body whose limited resources make compliance with Subsection
6322 (3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
6323 Section 63A-12-101, to provide technical assistance to help the public body in its effort to
6324 comply.
6325 (4) A public body and a specified body are encouraged to develop and use additional
6326 electronic means to provide notice of their meetings under Subsection (3).
6327 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
6328 (i) because of unforeseen circumstances it is necessary for a public body or specified
6329 body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
6330 (ii) the public body or specified body gives the best notice practicable of:
6331 (A) the time and place of the emergency meeting; and
6332 (B) the topics to be considered at the emergency meeting.
6333 (b) An emergency meeting of a public body may not be held unless:
6334 (i) an attempt has been made to notify all the members of the public body; and
6335 (ii) a majority of the members of the public body approve the meeting.
6336 (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
6337 provide reasonable specificity to notify the public as to the topics to be considered at the
6338 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
6339 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
6340 member of the public body, a topic raised by the public may be discussed during an open
6341 meeting, even if the topic raised by the public was not included in the agenda or advance public
6342 notice for the meeting.
6343 (c) Except as provided in Subsection (5), relating to emergency meetings, a public
6344 body may not take final action on a topic in an open meeting unless the topic is:
6345 (i) listed under an agenda item as required by Subsection (6)(a); and
6346 (ii) included with the advance public notice required by this section.
6347 (7) Except as provided in this section, this chapter does not apply to a specified body.
6348 Section 103. Section 52-4-203 is amended to read:
6349 52-4-203. Written minutes of open meetings -- Public records -- Recording of
6350 meetings.
6351 (1) Except as provided under Subsection (7), written minutes and a recording shall be
6352 kept of all open meetings.
6353 (2) (a) Written minutes of an open meeting shall include:
6354 (i) the date, time, and place of the meeting;
6355 (ii) the names of members present and absent;
6356 (iii) the substance of all matters proposed, discussed, or decided by the public body
6357 which may include a summary of comments made by members of the public body;
6358 (iv) a record, by individual member, of each vote taken by the public body;
6359 (v) the name of each person who:
6360 (A) is not a member of the public body; and
6361 (B) after being recognized by the presiding member of the public body, provided
6362 testimony or comments to the public body;
6363 (vi) the substance, in brief, of the testimony or comments provided by the public under
6364 Subsection (2)(a)(v); and
6365 (vii) any other information that is a record of the proceedings of the meeting that any
6366 member requests be entered in the minutes or recording.
6367 (b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
6368 minutes include the substance of matters proposed, discussed, or decided or the substance of
6369 testimony or comments by maintaining a publicly available online version of the minutes that
6370 provides a link to the meeting recording at the place in the recording where the matter is
6371 proposed, discussed, or decided or the testimony or comments provided.
6372 (3) A recording of an open meeting shall:
6373 (a) be a complete and unedited record of all open portions of the meeting from the
6374 commencement of the meeting through adjournment of the meeting; and
6375 (b) be properly labeled or identified with the date, time, and place of the meeting.
6376 (4) (a) As used in this Subsection (4):
6377 (i) "Approved minutes" means written minutes:
6378 (A) of an open meeting; and
6379 (B) that have been approved by the public body that held the open meeting.
6380 (ii) "Electronic information" means information presented or provided in an electronic
6381 format.
6382 (iii) "Pending minutes" means written minutes:
6383 (A) of an open meeting; and
6384 (B) that have been prepared in draft form and are subject to change before being
6385 approved by the public body that held the open meeting.
6386 (iv) "Specified local public body" means a legislative body of a county, city, town, or
6387 metro township.
6388 (v) "State public body" means a public body that is an administrative, advisory,
6389 executive, or legislative body of the state.
6390 (vi) "State website" means the Utah Public Notice Website created under Section
6391 [
6392 (b) Pending minutes, approved minutes, and a recording of a public meeting are public
6393 records under Title 63G, Chapter 2, Government Records Access and Management Act.
6394 (c) Pending minutes shall contain a clear indication that the public body has not yet
6395 approved the minutes or that the minutes are subject to change until the public body approves
6396 them.
6397 (d) A state public body and a specified local public body shall require an individual
6398 who, at an open meeting of the public body, publicly presents or provides electronic
6399 information, relating to an item on the public body's meeting agenda, to provide the public
6400 body, at the time of the meeting, an electronic or hard copy of the electronic information for
6401 inclusion in the public record.
6402 (e) A state public body shall:
6403 (i) make pending minutes available to the public within 30 days after holding the open
6404 meeting that is the subject of the pending minutes;
6405 (ii) within three business days after approving written minutes of an open meeting:
6406 (A) post to the state website a copy of the approved minutes and any public materials
6407 distributed at the meeting;
6408 (B) make the approved minutes and public materials available to the public at the
6409 public body's primary office; and
6410 (C) if the public body provides online minutes under Subsection (2)(b), post approved
6411 minutes that comply with Subsection (2)(b) and the public materials on the public body's
6412 website; and
6413 (iii) within three business days after holding an open meeting, post on the state website
6414 an audio recording of the open meeting, or a link to the recording.
6415 (f) A specified local public body shall:
6416 (i) make pending minutes available to the public within 30 days after holding the open
6417 meeting that is the subject of the pending minutes;
6418 (ii) within three business days after approving written minutes of an open meeting, post
6419 and make available a copy of the approved minutes and any public materials distributed at the
6420 meeting, as provided in Subsection (4)(e)(ii); and
6421 (iii) within three business days after holding an open meeting, make an audio recording
6422 of the open meeting available to the public for listening.
6423 (g) A public body that is not a state public body or a specified local public body shall:
6424 (i) make pending minutes available to the public within a reasonable time after holding
6425 the open meeting that is the subject of the pending minutes;
6426 (ii) within three business days after approving written minutes, make the approved
6427 minutes available to the public; and
6428 (iii) within three business days after holding an open meeting, make an audio recording
6429 of the open meeting available to the public for listening.
6430 (h) A public body shall establish and implement procedures for the public body's
6431 approval of the written minutes of each meeting.
6432 (i) Approved minutes of an open meeting are the official record of the meeting.
6433 (5) All or any part of an open meeting may be independently recorded by any person in
6434 attendance if the recording does not interfere with the conduct of the meeting.
6435 (6) The written minutes or recording of an open meeting that are required to be
6436 retained permanently shall be maintained in or converted to a format that meets long-term
6437 records storage requirements.
6438 (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
6439 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
6440 by the public body; or
6441 (b) an open meeting of a local district under Title 17B, Limited Purpose Local
6442 Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
6443 Special Service District Act, if the district's annual budgeted expenditures for all funds,
6444 excluding capital expenditures and debt service, are $50,000 or less.
6445 Section 104. Section 53-13-114 is amended to read:
6446 53-13-114. Off-duty peace officer working as a security officer.
6447 A peace officer may engage in off-duty employment as a security officer under Section
6448 58-63-304 only if:
6449 (1) the law enforcement agency employing the peace officer:
6450 (a) has a written policy regarding peace officer employees working while off-duty as
6451 security officers; and
6452 (b) the policy under Subsection (1)(a) is:
6453 (i) posted and publicly available on the appropriate city, county, or state website; or
6454 (ii) posted on the Utah Public Notice Website created in Section [
6455 63A-12-201 if the law enforcement agency does not have access to a website under Subsection
6456 (1)(b)(i).
6457 (2) the agency's chief administrative officer, or that officer's designee, provides written
6458 authorization for an off-duty peace officer to work as a security officer; and
6459 (3) the business or entity employing the off-duty peace officer to work as a security
6460 officer complies with state and federal income reporting and withholding requirements
6461 regarding the off-duty officer's wages.
6462 Section 105. Section 53B-7-101.5 is amended to read:
6463 53B-7-101.5. Proposed tuition increases -- Notice -- Hearings.
6464 (1) If an institution within the State System of Higher Education listed in Section
6465 53B-1-102 considers increasing tuition rates for undergraduate students in the process of
6466 preparing or implementing its budget, it shall hold a meeting to receive public input and
6467 response on the issue.
6468 (2) The institution shall advertise the hearing required under Subsection (1) using the
6469 following procedure:
6470 (a) The institution shall advertise its intent to consider an increase in student tuition
6471 rates:
6472 (i) in the institution's student newspaper twice during a period of 10 days prior to the
6473 meeting; and
6474 (ii) on the Utah Public Notice Website created in Section [
6475 10 days immediately before the meeting.
6476 (b) The advertisement shall state that the institution will meet on a certain day, time,
6477 and place fixed in the advertisement, which shall not be less than seven days after the day the
6478 second advertisement is published, for the purpose of hearing comments regarding the
6479 proposed increase and to explain the reasons for the proposed increase.
6480 (3) The form and content of the notice shall be substantially as follows:
6481 "NOTICE OF PROPOSED TUITION INCREASE
6482 The (name of the higher education institution) is proposing to increase student tuition
6483 rates. This would be an increase of ______ %, which is an increase of $______ per semester
6484 for a full-time resident undergraduate student. All concerned students and citizens are invited
6485 to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
6486 (4) (a) The institution shall provide the following information to those in attendance at
6487 the meeting required under Subsection (1):
6488 (i) the current year's student enrollment for:
6489 (A) the State System of Higher Education, if a systemwide increase is being
6490 considered; or
6491 (B) the institution, if an increase is being considered for just a single institution;
6492 (ii) total tuition revenues for the current school year;
6493 (iii) projected student enrollment growth for the next school year and projected tuition
6494 revenue increases from that anticipated growth; and
6495 (iv) a detailed accounting of how and where the increased tuition revenues would be
6496 spent.
6497 (b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
6498 down into majors or departments if the proposed tuition increases are department or major
6499 specific.
6500 (5) If the institution does not make a final decision on the proposed tuition increase at
6501 the meeting, it shall announce the date, time, and place of the meeting where that determination
6502 shall be made.
6503 Section 106. Section 53B-8a-103 is amended to read:
6504 53B-8a-103. Creation of Utah Educational Savings Plan -- Powers and duties of
6505 plan -- Certain exemptions.
6506 (1) There is created the Utah Educational Savings Plan, which may also be known and
6507 do business as:
6508 (a) the Utah Educational Savings Plan Trust; or
6509 (b) another related name.
6510 (2) The plan:
6511 (a) is a non-profit, self-supporting agency that administers a public trust;
6512 (b) shall administer the various programs, funds, trusts, plans, functions, duties, and
6513 obligations assigned to the plan:
6514 (i) consistent with sound fiduciary principles; and
6515 (ii) subject to review of the board; and
6516 (c) shall be known as and managed as a qualified tuition program in compliance with
6517 Section 529, Internal Revenue Code, that is sponsored by the state.
6518 (3) The plan may:
6519 (a) make and enter into contracts necessary for the administration of the plan payable
6520 from plan money, including:
6521 (i) contracts for goods and services; and
6522 (ii) contracts to engage personnel, with demonstrated ability or expertise, including
6523 consultants, actuaries, managers, counsel, and auditors for the purpose of rendering
6524 professional, managerial, and technical assistance and advice;
6525 (b) adopt a corporate seal and change and amend the corporate seal;
6526 (c) invest money within the program, administrative, and endowment funds in
6527 accordance with the provisions under Section 53B-8a-107;
6528 (d) enter into agreements with account owners, any institution of higher education, any
6529 federal or state agency, or other entity as required to implement this chapter;
6530 (e) solicit and accept any grants, gifts, legislative appropriations, and other money from
6531 the state, any unit of federal, state, or local government, or any other person, firm, partnership,
6532 or corporation for deposit to the administrative fund, endowment fund, or the program fund;
6533 (f) make provision for the payment of costs of administration and operation of the plan;
6534 (g) carry out studies and projections to advise account owners regarding:
6535 (i) present and estimated future higher education costs; and
6536 (ii) levels of financial participation in the plan required to enable account owners to
6537 achieve their educational funding objective;
6538 (h) participate in federal, state, local governmental, or private programs;
6539 (i) create public and private partnerships, including investment or management
6540 relationships with other 529 plans or entities;
6541 (j) promulgate, impose, and collect administrative fees and charges in connection with
6542 transactions of the plan, and provide for reasonable service charges;
6543 (k) procure insurance:
6544 (i) against any loss in connection with the property, assets, or activities of the plan; and
6545 (ii) indemnifying any member of the board from personal loss or accountability arising
6546 from liability resulting from a member's action or inaction as a member of the plan's board;
6547 (l) administer outreach efforts to:
6548 (i) market and publicize the plan and the plan's products to existing and prospective
6549 account owners; and
6550 (ii) encourage economically challenged populations to save for post-secondary
6551 education;
6552 (m) adopt, trademark, and copyright names and materials for use in marketing and
6553 publicizing the plan and the plan's products;
6554 (n) administer the funds of the plan;
6555 (o) sue and be sued in the plan's own name;
6556 (p) own institutional accounts in the plan to establish and administer:
6557 (i) scholarship programs; or
6558 (ii) other college savings incentive programs, including programs designed to enhance
6559 the savings of low income account owners investing in the plan; and
6560 (q) have and exercise any other powers or duties that are necessary or appropriate to
6561 carry out and effectuate the purposes of this chapter.
6562 (4) (a) Except as provided in Subsection (4)(b), the plan is exempt from the provisions
6563 of Title 63G, Chapter 2, Government Records Access and Management Act.
6564 (b) (i) The annual audited financial statements of the plan described in Section
6565 53B-8a-111 are public records.
6566 (ii) Financial information that is provided by the plan to the [
6567
6568 auditor and posted on the public finance website established by the state auditor in accordance
6569 with Section 67-3-12 is a public record.
6570 (5) The plan is subject to:
6571 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
6572 (b) Title 63G, Chapter 6a, Utah Procurement Code.
6573 Section 107. Section 53D-1-103 is amended to read:
6574 53D-1-103. Application of other law.
6575 (1) The office, board, and nominating committee are subject to:
6576 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
6577 (b) [
6578 (2) Subject to Subsection 63E-1-304(2), the office may participate in coverage under
6579 the Risk Management Fund, created in Section 63A-4-201.
6580 (3) The office and board are subject to:
6581 (a) Title 63G, Chapter 2, Government Records Access and Management Act, except
6582 for records relating to investment activities; and
6583 (b) Title 63G, Chapter 6a, Utah Procurement Code.
6584 (4) (a) In making rules under this chapter, the director is subject to and shall comply
6585 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except as provided in
6586 Subsection (4)(b).
6587 (b) Subsections 63G-3-301(6) and (7) and Section 63G-3-601 do not apply to the
6588 director's making of rules under this chapter.
6589 (5) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to a board
6590 member to the same extent as it applies to an employee, as defined in Section 63G-7-102.
6591 (6) (a) A board member, the director, and an office employee or agent are subject to:
6592 (i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
6593 (ii) other requirements that the board establishes.
6594 (b) In addition to any restrictions or requirements imposed under Subsection (6)(a), a
6595 board member, the director, and an office employee or agent may not directly or indirectly
6596 acquire an interest in the trust fund or receive any direct benefit from any transaction dealing
6597 with trust fund money.
6598 (7) (a) Except as provided in Subsection (7)(b), the office shall comply with Title 67,
6599 Chapter 19, Utah State Personnel Management Act.
6600 (b) (i) Upon a recommendation from the director after the director's consultation with
6601 the executive director of the Department of Human Resource Management, the board may
6602 provide that specified positions in the office are exempt from Section 67-19-12 and the career
6603 service provisions of Title 67, Chapter 19, Utah State Personnel Management Act, as provided
6604 in Subsection 67-19-15(1), if the board determines that exemption is required for the office to
6605 fulfill efficiently its responsibilities under this chapter.
6606 (ii) The director position is exempt from Section 67-19-12 and the career service
6607 provisions of Title 67, Chapter 19, Utah State Personnel Management Act, as provided in
6608 Subsection 67-19-15(1).
6609 (iii) (A) After consultation with the executive director of the Department of Human
6610 Resource Management, the director shall set salaries for positions that are exempted under
6611 Subsection (7)(b)(i), within ranges that the board approves.
6612 (B) In approving salary ranges for positions that are exempted under Subsection
6613 (7)(b)(i), the board shall consider salaries for similar positions in private enterprise and other
6614 public employment.
6615 (8) The office is subject to legislative appropriation, to executive branch budgetary
6616 review and recommendation, and to legislative and executive branch review.
6617 Section 108. Section 53E-3-705 is amended to read:
6618 53E-3-705. School plant capital outlay report.
6619 (1) The state board shall prepare an annual school plant capital outlay report of all
6620 school districts, which includes information on the number and size of building projects
6621 completed and under construction.
6622 (2) A school district or charter school shall prepare and submit an annual school plant
6623 capital outlay report [
6624 designated by the state auditor.
6625 Section 109. Section 53E-4-202 is amended to read:
6626 53E-4-202. Core standards for Utah public schools.
6627 (1) (a) In establishing minimum standards related to curriculum and instruction
6628 requirements under Section 53E-3-501, the state board shall, in consultation with local school
6629 boards, school superintendents, teachers, employers, and parents implement core standards for
6630 Utah public schools that will enable students to, among other objectives:
6631 (i) communicate effectively, both verbally and through written communication;
6632 (ii) apply mathematics; and
6633 (iii) access, analyze, and apply information.
6634 (b) Except as provided in this public education code, the state board may recommend
6635 but may not require a local school board or charter school governing board to use:
6636 (i) a particular curriculum or instructional material; or
6637 (ii) a model curriculum or instructional material.
6638 (2) The state board shall, in establishing the core standards for Utah public schools:
6639 (a) identify the basic knowledge, skills, and competencies each student is expected to
6640 acquire or master as the student advances through the public education system; and
6641 (b) align with each other the core standards for Utah public schools and the
6642 assessments described in Section 53E-4-303.
6643 (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
6644 (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
6645 continual progress within and between grade levels and courses in the basic academic areas of:
6646 (a) English, including explicit phonics, spelling, grammar, reading, writing,
6647 vocabulary, speech, and listening; and
6648 (b) mathematics, including basic computational skills.
6649 (4) Before adopting core standards for Utah public schools, the state board shall:
6650 (a) publicize draft core standards for Utah public schools on the state board's website
6651 and the Utah Public Notice website created under Section [
6652 (b) invite public comment on the draft core standards for Utah public schools for a
6653 period of not less than 90 days; and
6654 (c) conduct three public hearings that are held in different regions of the state on the
6655 draft core standards for Utah public schools.
6656 (5) LEA governing boards shall design their school programs, that are supported by
6657 generally accepted scientific standards of evidence, to focus on the core standards for Utah
6658 public schools with the expectation that each program will enhance or help achieve mastery of
6659 the core standards for Utah public schools.
6660 (6) Except as provided in Section 53G-10-402, each school may select instructional
6661 materials and methods of teaching, that are supported by generally accepted scientific standards
6662 of evidence, that the school considers most appropriate to meet the core standards for Utah
6663 public schools.
6664 (7) The state may exit any agreement, contract, memorandum of understanding, or
6665 consortium that cedes control of the core standards for Utah public schools to any other entity,
6666 including a federal agency or consortium, for any reason, including:
6667 (a) the cost of developing or implementing the core standards for Utah public schools;
6668 (b) the proposed core standards for Utah public schools are inconsistent with
6669 community values; or
6670 (c) the agreement, contract, memorandum of understanding, or consortium:
6671 (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
6672 Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
6673 (ii) conflicts with Utah law;
6674 (iii) requires Utah student data to be included in a national or multi-state database;
6675 (iv) requires records of teacher performance to be included in a national or multi-state
6676 database; or
6677 (v) imposes curriculum, assessment, or data tracking requirements on home school or
6678 private school students.
6679 (8) The state board shall submit a report in accordance with Section 53E-1-203 on the
6680 development and implementation of the core standards for Utah public schools, including the
6681 time line established for the review of the core standards for Utah public schools by a standards
6682 review committee and the recommendations of a standards review committee established under
6683 Section 53E-4-203.
6684 Section 110. Section 53G-3-204 is amended to read:
6685 53G-3-204. Notice before preparing or amending a long-range plan or acquiring
6686 certain property.
6687 (1) As used in this section:
6688 (a) "Affected entity" means each county, municipality, local district under Title 17B,
6689 Limited Purpose Local Government Entities - Local Districts, special service district under
6690 Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
6691 under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
6692 (i) whose services or facilities are likely to require expansion or significant
6693 modification because of an intended use of land; or
6694 (ii) that has filed with the school district a copy of the general or long-range plan of the
6695 county, municipality, local district, special service district, school district, interlocal
6696 cooperation entity, or specified public utility.
6697 (b) "Specified public utility" means an electrical corporation, gas corporation, or
6698 telephone corporation, as those terms are defined in Section 54-2-1.
6699 (2) (a) If a school district located in a county of the first or second class prepares a
6700 long-range plan regarding its facilities proposed for the future or amends an already existing
6701 long-range plan, the school district shall, before preparing a long-range plan or amendments to
6702 an existing long-range plan, provide written notice, as provided in this section, of its intent to
6703 prepare a long-range plan or to amend an existing long-range plan.
6704 (b) Each notice under Subsection (2)(a) shall:
6705 (i) indicate that the school district intends to prepare a long-range plan or to amend a
6706 long-range plan, as the case may be;
6707 (ii) describe or provide a map of the geographic area that will be affected by the
6708 long-range plan or amendments to a long-range plan;
6709 (iii) be:
6710 (A) sent to each county in whose unincorporated area and each municipality in whose
6711 boundaries is located the land on which the proposed long-range plan or amendments to a
6712 long-range plan are expected to indicate that the proposed facilities will be located;
6713 (B) sent to each affected entity;
6714 (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506;
6715 (D) sent to each association of governments, established pursuant to an interlocal
6716 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
6717 municipality described in Subsection (2)(b)(iii)(A) is a member; and
6718 (E) placed on the Utah Public Notice Website created under Section [
6719 63A-12-201;
6720 (iv) with respect to the notice to counties and municipalities described in Subsection
6721 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
6722 consider in the process of preparing, adopting, and implementing the long-range plan or
6723 amendments to a long-range plan concerning:
6724 (A) impacts that the use of land proposed in the proposed long-range plan or
6725 amendments to a long-range plan may have on the county, municipality, or affected entity; and
6726 (B) uses of land that the county, municipality, or affected entity is planning or
6727 considering that may conflict with the proposed long-range plan or amendments to a long-range
6728 plan; and
6729 (v) include the address of an Internet website, if the school district has one, and the
6730 name and telephone number of a person where more information can be obtained concerning
6731 the school district's proposed long-range plan or amendments to a long-range plan.
6732 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
6733 acquire real property in a county of the first or second class for the purpose of expanding the
6734 district's infrastructure or other facilities shall provide written notice, as provided in this
6735 Subsection (3), of its intent to acquire the property if the intended use of the property is
6736 contrary to:
6737 (i) the anticipated use of the property under the county or municipality's general plan;
6738 or
6739 (ii) the property's current zoning designation.
6740 (b) Each notice under Subsection (3)(a) shall:
6741 (i) indicate that the school district intends to acquire real property;
6742 (ii) identify the real property; and
6743 (iii) be sent to:
6744 (A) each county in whose unincorporated area and each municipality in whose
6745 boundaries the property is located; and
6746 (B) each affected entity.
6747 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
6748 63G-2-305(8).
6749 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
6750 previously provided notice under Subsection (2) identifying the general location within the
6751 municipality or unincorporated part of the county where the property to be acquired is located.
6752 (ii) If a school district is not required to comply with the notice requirement of
6753 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
6754 provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
6755 the real property.
6756 Section 111. Section 53G-4-204 is amended to read:
6757 53G-4-204. Compensation for services -- Additional per diem -- Approval of
6758 expenses.
6759 (1) Each member of a local school board, except the student member, shall receive
6760 compensation for services and for necessary expenses in accordance with compensation
6761 schedules adopted by the local school board in accordance with the provisions of this section.
6762 (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
6763 compensation schedules, the local school board shall set a time and place for a public hearing
6764 at which all interested persons shall be given an opportunity to be heard.
6765 (3) Notice of the time, place, and purpose of the meeting shall be provided at least
6766 seven days prior to the meeting by:
6767 (a) (i) publication at least once in a newspaper published in the county where the
6768 school district is situated and generally circulated within the school district; and
6769 (ii) publication on the Utah Public Notice Website created in Section [
6770 63A-12-201; and
6771 (b) posting a notice:
6772 (i) at each school within the school district;
6773 (ii) in at least three other public places within the school district; and
6774 (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
6775 (4) After the conclusion of the public hearing, the local school board may adopt or
6776 amend its compensation schedules.
6777 (5) Each member shall submit an itemized account of necessary travel expenses for
6778 local school board approval.
6779 (6) A local school board may, without following the procedures described in
6780 Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
6781 July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
6782 amended or a new compensation schedule is adopted.
6783 Section 112. Section 53G-4-402 is amended to read:
6784 53G-4-402. Powers and duties generally.
6785 (1) A local school board shall:
6786 (a) implement the core standards for Utah public schools using instructional materials
6787 that best correlate to the core standards for Utah public schools and graduation requirements;
6788 (b) administer tests, required by the state board, which measure the progress of each
6789 student, and coordinate with the state superintendent and state board to assess results and create
6790 plans to improve the student's progress, which shall be submitted to the state board for
6791 approval;
6792 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
6793 students that need remediation and determine the type and amount of federal, state, and local
6794 resources to implement remediation;
6795 (d) develop early warning systems for students or classes failing to make progress;
6796 (e) work with the state board to establish a library of documented best practices,
6797 consistent with state and federal regulations, for use by the local districts;
6798 (f) implement training programs for school administrators, including basic
6799 management training, best practices in instructional methods, budget training, staff
6800 management, managing for learning results and continuous improvement, and how to help
6801 every child achieve optimal learning in basic academic subjects; and
6802 (g) ensure that the local school board meets the data collection and reporting standards
6803 described in Section 53E-3-501.
6804 (2) Local school boards shall spend Minimum School Program funds for programs and
6805 activities for which the state board has established minimum standards or rules under Section
6806 53E-3-501.
6807 (3) (a) A local school board may purchase, sell, and make improvements on school
6808 sites, buildings, and equipment and construct, erect, and furnish school buildings.
6809 (b) School sites or buildings may only be conveyed or sold on local school board
6810 resolution affirmed by at least two-thirds of the members.
6811 (4) (a) A local school board may participate in the joint construction or operation of a
6812 school attended by children residing within the district and children residing in other districts
6813 either within or outside the state.
6814 (b) Any agreement for the joint operation or construction of a school shall:
6815 (i) be signed by the president of the local school board of each participating district;
6816 (ii) include a mutually agreed upon pro rata cost; and
6817 (iii) be filed with the state board.
6818 (5) A local school board may establish, locate, and maintain elementary, secondary,
6819 and applied technology schools.
6820 (6) Except as provided in Section 53E-3-905, a local school board may enroll children
6821 in school who are at least five years of age before September 2 of the year in which admission
6822 is sought.
6823 (7) A local school board may establish and support school libraries.
6824 (8) A local school board may collect damages for the loss, injury, or destruction of
6825 school property.
6826 (9) A local school board may authorize guidance and counseling services for children
6827 and their parents before, during, or following enrollment of the children in schools.
6828 (10) (a) A local school board shall administer and implement federal educational
6829 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
6830 Education Programs.
6831 (b) Federal funds are not considered funds within the school district budget under
6832 Chapter 7, Part 3, Budgets.
6833 (11) (a) A local school board may organize school safety patrols and adopt policies
6834 under which the patrols promote student safety.
6835 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
6836 parental consent for the appointment.
6837 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
6838 of a highway intended for vehicular traffic use.
6839 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
6840 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
6841 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
6842 (12) (a) A local school board may on its own behalf, or on behalf of an educational
6843 institution for which the local school board is the direct governing body, accept private grants,
6844 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
6845 (b) These contributions are not subject to appropriation by the Legislature.
6846 (13) (a) A local school board may appoint and fix the compensation of a compliance
6847 officer to issue citations for violations of Subsection 76-10-105(2).
6848 (b) A person may not be appointed to serve as a compliance officer without the
6849 person's consent.
6850 (c) A teacher or student may not be appointed as a compliance officer.
6851 (14) A local school board shall adopt bylaws and policies for the local school board's
6852 own procedures.
6853 (15) (a) A local school board shall make and enforce policies necessary for the control
6854 and management of the district schools.
6855 (b) Local school board policies shall be in writing, filed, and referenced for public
6856 access.
6857 (16) A local school board may hold school on legal holidays other than Sundays.
6858 (17) (a) A local school board shall establish for each school year a school traffic safety
6859 committee to implement this Subsection (17).
6860 (b) The committee shall be composed of one representative of:
6861 (i) the schools within the district;
6862 (ii) the Parent Teachers' Association of the schools within the district;
6863 (iii) the municipality or county;
6864 (iv) state or local law enforcement; and
6865 (v) state or local traffic safety engineering.
6866 (c) The committee shall:
6867 (i) receive suggestions from school community councils, parents, teachers, and others
6868 and recommend school traffic safety improvements, boundary changes to enhance safety, and
6869 school traffic safety program measures;
6870 (ii) review and submit annually to the Department of Transportation and affected
6871 municipalities and counties a child access routing plan for each elementary, middle, and junior
6872 high school within the district;
6873 (iii) consult the Utah Safety Council and the Division of Family Health Services and
6874 provide training to all school children in kindergarten through grade 6, within the district, on
6875 school crossing safety and use; and
6876 (iv) help ensure the district's compliance with rules made by the Department of
6877 Transportation under Section 41-6a-303.
6878 (d) The committee may establish subcommittees as needed to assist in accomplishing
6879 its duties under Subsection (17)(c).
6880 (18) (a) A local school board shall adopt and implement a comprehensive emergency
6881 response plan to prevent and combat violence in the local school board's public schools, on
6882 school grounds, on its school vehicles, and in connection with school-related activities or
6883 events.
6884 (b) The plan shall:
6885 (i) include prevention, intervention, and response components;
6886 (ii) be consistent with the student conduct and discipline policies required for school
6887 districts under Chapter 11, Part 2, Miscellaneous Requirements;
6888 (iii) require professional learning for all district and school building staff on what their
6889 roles are in the emergency response plan;
6890 (iv) provide for coordination with local law enforcement and other public safety
6891 representatives in preventing, intervening, and responding to violence in the areas and activities
6892 referred to in Subsection (18)(a); and
6893 (v) include procedures to notify a student, to the extent practicable, who is off campus
6894 at the time of a school violence emergency because the student is:
6895 (A) participating in a school-related activity; or
6896 (B) excused from school for a period of time during the regular school day to
6897 participate in religious instruction at the request of the student's parent.
6898 (c) The state board, through the state superintendent, shall develop comprehensive
6899 emergency response plan models that local school boards may use, where appropriate, to
6900 comply with Subsection (18)(a).
6901 (d) A local school board shall, by July 1 of each year, certify to the state board that its
6902 plan has been practiced at the school level and presented to and reviewed by its teachers,
6903 administrators, students, and their parents and local law enforcement and public safety
6904 representatives.
6905 (19) (a) A local school board may adopt an emergency response plan for the treatment
6906 of sports-related injuries that occur during school sports practices and events.
6907 (b) The plan may be implemented by each secondary school in the district that has a
6908 sports program for students.
6909 (c) The plan may:
6910 (i) include emergency personnel, emergency communication, and emergency
6911 equipment components;
6912 (ii) require professional learning on the emergency response plan for school personnel
6913 who are involved in sports programs in the district's secondary schools; and
6914 (iii) provide for coordination with individuals and agency representatives who:
6915 (A) are not employees of the school district; and
6916 (B) would be involved in providing emergency services to students injured while
6917 participating in sports events.
6918 (d) The local school board, in collaboration with the schools referred to in Subsection
6919 (19)(b), may review the plan each year and make revisions when required to improve or
6920 enhance the plan.
6921 (e) The state board, through the state superintendent, shall provide local school boards
6922 with an emergency plan response model that local school boards may use to comply with the
6923 requirements of this Subsection (19).
6924 (20) A local school board shall do all other things necessary for the maintenance,
6925 prosperity, and success of the schools and the promotion of education.
6926 (21) (a) Before closing a school or changing the boundaries of a school, a local school
6927 board shall:
6928 (i) at least 120 days before approving the school closure or school boundary change,
6929 provide notice to the following that the local school board is considering the closure or
6930 boundary change:
6931 (A) parents of students enrolled in the school, using the same form of communication
6932 the local school board regularly uses to communicate with parents;
6933 (B) parents of students enrolled in other schools within the school district that may be
6934 affected by the closure or boundary change, using the same form of communication the local
6935 school board regularly uses to communicate with parents; and
6936 (C) the governing council and the mayor of the municipality in which the school is
6937 located;
6938 (ii) provide an opportunity for public comment on the proposed school closure or
6939 school boundary change during at least two public local school board meetings; and
6940 (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
6941 the public hearing as described in Subsection (21)(b).
6942 (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
6943 (i) indicate the:
6944 (A) school or schools under consideration for closure or boundary change; and
6945 (B) the date, time, and location of the public hearing;
6946 (ii) at least 10 days before the public hearing, be:
6947 (A) published:
6948 (I) in a newspaper of general circulation in the area; and
6949 (II) on the Utah Public Notice Website created in Section [
6950 (B) posted in at least three public locations within the municipality in which the school
6951 is located on the school district's official website, and prominently at the school; and
6952 (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
6953 provided as described in Subsections (21)(a)(i)(A), (B), and (C).
6954 (22) A local school board may implement a facility energy efficiency program
6955 established under Title 11, Chapter 44, Performance Efficiency Act.
6956 (23) A local school board may establish or partner with a certified youth court
6957 program, in accordance with Section 78A-6-1203, or establish or partner with a comparable
6958 restorative justice program, in coordination with schools in that district. A school may refer a
6959 student to youth court or a comparable restorative justice program in accordance with Section
6960 53G-8-211.
6961 Section 113. Section 53G-5-504 is amended to read:
6962 53G-5-504. Charter school closure.
6963 (1) If a charter school is closed for any reason, including the termination of a charter
6964 agreement in accordance with Section 53G-5-503 or the conversion of a charter school to a
6965 private school, the provisions of this section apply.
6966 (2) A decision to close a charter school is made:
6967 (a) when a charter school authorizer approves a motion to terminate described in
6968 Subsection 53G-5-503(2)(c);
6969 (b) when the state board takes final action described in Subsection 53G-5-503(2)(d)(ii);
6970 or
6971 (c) when a charter school provides notice to the charter school's authorizer that the
6972 charter school is relinquishing the charter school's charter.
6973 (3) (a) No later than 10 days after the day on which a decision to close a charter school
6974 is made, the charter school shall:
6975 (i) provide notice to the following, in writing, of the decision:
6976 (A) if the charter school made the decision to close, the charter school's authorizer;
6977 (B) the State Charter School Board;
6978 (C) if the state board did not make the decision to close, the state board;
6979 (D) parents of students enrolled at the charter school;
6980 (E) the charter school's creditors;
6981 (F) the charter school's lease holders;
6982 (G) the charter school's bond issuers;
6983 (H) other entities that may have a claim to the charter school's assets;
6984 (I) the school district in which the charter school is located and other charter schools
6985 located in that school district; and
6986 (J) any other person that the charter school determines to be appropriate; and
6987 (ii) post notice of the decision on the Utah Public Notice Website, created in Section
6988 [
6989 (b) The notice described in Subsection (3)(a) shall include:
6990 (i) the proposed date of the charter school closure;
6991 (ii) the charter school's plans to help students identify and transition into a new school;
6992 and
6993 (iii) contact information for the charter school during the transition.
6994 (4) No later than 10 days after the day on which a decision to close a charter school is
6995 made, the closing charter school shall:
6996 (a) designate a custodian for the protection of student files and school business records;
6997 (b) designate a base of operation that will be maintained throughout the charter school
6998 closing, including:
6999 (i) an office;
7000 (ii) hours of operation;
7001 (iii) operational telephone service with voice messaging stating the hours of operation;
7002 and
7003 (iv) a designated individual to respond to questions or requests during the hours of
7004 operation;
7005 (c) assure that the charter school will maintain insurance coverage and risk
7006 management coverage throughout the transition to closure and for a period following closure of
7007 the charter school as specified by the charter school's authorizer;
7008 (d) assure that the charter school will complete by the set deadlines for all fiscal years
7009 in which funds are received or expended by the charter school a financial audit and any other
7010 procedure required by state board rule;
7011 (e) inventory all assets of the charter school; and
7012 (f) list all creditors of the charter school and specifically identify secured creditors and
7013 assets that are security interests.
7014 (5) The closing charter school's authorizer shall oversee the closing charter school's
7015 compliance with Subsection (4).
7016 (6) (a) A closing charter school shall return any assets remaining, after all liabilities
7017 and obligations of the closing charter school are paid or discharged, to the closing charter
7018 school's authorizer.
7019 (b) The closing charter school's authorizer shall liquidate assets at fair market value or
7020 assign the assets to another public school.
7021 (7) The closing charter school's authorizer shall oversee liquidation of assets and
7022 payment of debt in accordance with state board rule.
7023 (8) The closing charter school shall:
7024 (a) comply with all state and federal reporting requirements; and
7025 (b) submit all documentation and complete all state and federal reports required by the
7026 closing charter school's authorizer or the state board , including documents to verify the closing
7027 charter school's compliance with procedural requirements and satisfaction of all financial
7028 issues.
7029 (9) When the closing charter school's financial affairs are closed out and dissolution is
7030 complete, the authorizer shall ensure that a final audit of the charter school is completed.
7031 (10) On or before January 1, 2017, the state board shall, after considering suggestions
7032 from charter school authorizers, make rules that:
7033 (a) provide additional closure procedures for charter schools ; and
7034 (b) establish a charter school closure process.
7035 Section 114. Section 53G-7-1105 is amended to read:
7036 53G-7-1105. Association budgets.
7037 (1) An association shall:
7038 (a) adopt a budget in accordance with this section; and
7039 (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
7040 be in accordance with generally accepted accounting principles or auditing standards.
7041 (2) An association budget officer or executive director shall annually prepare a
7042 tentative budget, with supporting documentation, to be submitted to the governing body.
7043 (3) The tentative budget and supporting documents shall include the following items:
7044 (a) the revenues and expenditures of the preceding fiscal year;
7045 (b) the estimated revenues and expenditures of the current fiscal year;
7046 (c) a detailed estimate of the essential expenditures for all purposes for the next
7047 succeeding fiscal year; and
7048 (d) the estimated financial condition of the association by funds at the close of the
7049 current fiscal year.
7050 (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
7051 before the date of the tentative budget's proposed adoption by the governing body.
7052 (5) The governing body shall adopt a budget.
7053 (6) Before the adoption or amendment of a budget, the governing body shall hold a
7054 public hearing on the proposed budget or budget amendment.
7055 (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
7056 Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
7057 public hearing, a governing body shall:
7058 (i) publish a notice of the public hearing electronically in accordance with Section
7059 [
7060 (ii) post the proposed budget on the association's Internet website.
7061 (b) A notice of a public hearing on an association's proposed budget shall include
7062 information on how the public may access the proposed budget as provided in Subsection
7063 (7)(a).
7064 (8) No later than September 30 of each year, the governing body shall file a copy of the
7065 adopted budget with the state auditor and the state board.
7066 Section 115. Section 54-8-10 is amended to read:
7067 54-8-10. Public hearing -- Notice -- Publication.
7068 (1) Such notice shall be:
7069 (a) (i) published:
7070 (A) in full one time in a newspaper of general circulation in the district; or
7071 (B) if there be no such newspaper, in a newspaper of general circulation in the county,
7072 city, or town in which the district is located; and
7073 (ii) published on the Utah Public Notice Website created in Section [
7074 63A-12-201; and
7075 (b) posted in not less than three public places in the district.
7076 (2) A copy of the notice shall be mailed by certified mail to the last known address of
7077 each owner of land within the proposed district whose property will be assessed for the cost of
7078 the improvement.
7079 (3) The address to be used for that purpose shall be that last appearing on the real
7080 property assessment rolls of the county in which the property is located.
7081 (4) In addition, a copy of the notice shall be addressed to "Owner" and shall be so
7082 mailed addressed to the street number of each piece of improved property to be affected by the
7083 assessment.
7084 (5) Mailed notices and the published notice shall state where a copy of the resolution
7085 creating the district will be available for inspection by any interested parties.
7086 Section 116. Section 54-8-16 is amended to read:
7087 54-8-16. Notice of assessment -- Publication.
7088 (1) After the preparation of a resolution under Section 54-8-14, notice of a public
7089 hearing on the proposed assessments shall be given.
7090 (2) The notice described in Subsection (1) shall be:
7091 (a) published:
7092 (i) one time in a newspaper in which the first notice of hearing was published at least
7093 20 days before the date fixed for the hearing; and
7094 (ii) on the Utah Public Notice Website created in Section [
7095 at least 20 days before the date fixed for the hearing; and
7096 (b) mailed by certified mail not less than 15 days prior to the date fixed for such
7097 hearing to each owner of real property whose property will be assessed for part of the cost of
7098 the improvement at the last known address of such owner using for such purpose the names
7099 and addresses appearing on the last completed real property assessment rolls of the county
7100 wherein said affected property is located.
7101 (3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
7102 mailed addressed to the street number of each piece of improved property to be affected by
7103 such assessment.
7104 (4) Each notice shall state that at the specified time and place, the governing body will
7105 hold a public hearing upon the proposed assessments and shall state that any owner of any
7106 property to be assessed pursuant to the resolution will be heard on the question of whether his
7107 property will be benefited by the proposed improvement to the amount of the proposed
7108 assessment against his property and whether the amount assessed against his property
7109 constitutes more than his proper proportional share of the total cost of the improvement.
7110 (5) The notice shall further state where a copy of the resolution proposed to be adopted
7111 levying the assessments against all real property in the district will be on file for public
7112 inspection, and that subject to such changes and corrections therein as may be made by the
7113 governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
7114 (6) A published notice shall describe the boundaries or area of the district with
7115 sufficient particularity to permit each owner of real property therein to ascertain that his
7116 property lies in the district.
7117 (7) The mailed notice may refer to the district by name and date of creation and shall
7118 state the amount of the assessment proposed to be levied against the real property of the person
7119 to whom the notice is mailed.
7120 Section 117. Section 57-11-11 is amended to read:
7121 57-11-11. Rules of division -- Filing advertising material -- Injunctions --
7122 Intervention by division in suits -- General powers of division.
7123 (1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
7124 or repealed only after a public hearing.
7125 (b) The division shall:
7126 (i) publish notice of the public hearing described in Subsection (1)(a):
7127 (A) once in a newspaper or newspapers with statewide circulation and at least 20 days
7128 before the hearing; and
7129 (B) on the Utah Public Notice Website created in Section [
7130 at least 20 days before the hearing; and
7131 (ii) send a notice to a nonprofit organization which files a written request for notice
7132 with the division at least 20 days prior to the hearing.
7133 (2) The rules shall include but need not be limited to:
7134 (a) provisions for advertising standards to assure full and fair disclosure; and
7135 (b) provisions for escrow or trust agreements, performance bonds, or other means
7136 reasonably necessary to assure that all improvements referred to in the application for
7137 registration and advertising will be completed and that purchasers will receive the interest in
7138 land contracted for.
7139 (3) These provisions, however, shall not be required if the city or county in which the
7140 subdivision is located requires similar means of assurance of a nature and in an amount no less
7141 adequate than is required under said rules:
7142 (a) provisions for operating procedures;
7143 (b) provisions for a shortened form of registration in cases where the division
7144 determines that the purposes of this act do not require a subdivision to be registered pursuant to
7145 an application containing all the information required by Section 57-11-6 or do not require that
7146 the public offering statement contain all the information required by Section 57-11-7; and
7147 (c) other rules necessary and proper to accomplish the purpose of this chapter.
7148 (4) The division by rule or order, after reasonable notice, may require the filing of
7149 advertising material relating to subdivided lands prior to its distribution, provided that the
7150 division must approve or reject any advertising material within 15 days from the receipt thereof
7151 or the material shall be considered approved.
7152 (5) If it appears that a person has engaged or is about to engage in an act or practice
7153 constituting a violation of a provision of this chapter or a rule or order hereunder, the agency,
7154 with or without prior administrative proceedings, may bring an action in the district court of the
7155 district where said person maintains his residence or a place of business or where said act or
7156 practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
7157 compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive
7158 relief or temporary restraining orders shall be granted, and a receiver or conservator may be
7159 appointed. The division shall not be required to post a bond in any court proceedings.
7160 (6) The division shall be allowed to intervene in a suit involving subdivided lands,
7161 either as a party or as an amicus curiae, where it appears that the interpretation or
7162 constitutionality of any provision of law will be called into question. In any suit by or against a
7163 subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
7164 of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,
7165 constitute grounds for the division withholding any approval required by this chapter.
7166 (7) The division may:
7167 (a) accept registrations filed in other states or with the federal government;
7168 (b) contract with public agencies or qualified private persons in this state or other
7169 jurisdictions to perform investigative functions; and
7170 (c) accept grants-in-aid from any source.
7171 (8) The division shall cooperate with similar agencies in other jurisdictions to establish
7172 uniform filing procedures and forms, uniform public offering statements, advertising standards,
7173 rules, and common administrative practices.
7174 Section 118. Section 59-2-919 is amended to read:
7175 59-2-919. Notice and public hearing requirements for certain tax increases --
7176 Exceptions.
7177 (1) As used in this section:
7178 (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
7179 generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
7180 (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
7181 revenue from:
7182 (i) eligible new growth as defined in Section 59-2-924; or
7183 (ii) personal property that is:
7184 (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
7185 (B) semiconductor manufacturing equipment.
7186 (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
7187 that begins on January 1 and ends on December 31.
7188 (d) "County executive calendar year taxing entity" means a calendar year taxing entity
7189 that operates under the county executive-council form of government described in Section
7190 17-52a-203.
7191 (e) "Current calendar year" means the calendar year immediately preceding the
7192 calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
7193 calendar year taxing entity's certified tax rate.
7194 (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
7195 begins on July 1 and ends on June 30.
7196 (g) "Last year's property tax budgeted revenue" does not include revenue received by a
7197 taxing entity from a debt service levy voted on by the public.
7198 (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
7199 rate unless the taxing entity meets:
7200 (a) the requirements of this section that apply to the taxing entity; and
7201 (b) all other requirements as may be required by law.
7202 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
7203 year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
7204 rate if the calendar year taxing entity:
7205 (i) 14 or more days before the date of the regular general election or municipal general
7206 election held in the current calendar year, states at a public meeting:
7207 (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
7208 calendar year taxing entity's certified tax rate;
7209 (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
7210 be generated by the proposed increase in the certified tax rate; and
7211 (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
7212 based on the proposed increase described in Subsection (3)(a)(i)(B);
7213 (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
7214 accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
7215 separate item on the meeting agenda that notifies the public that the calendar year taxing entity
7216 intends to make the statement described in Subsection (3)(a)(i);
7217 (iii) meets the advertisement requirements of Subsections (6) and (7) before the
7218 calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
7219 (iv) provides notice by mail:
7220 (A) seven or more days before the regular general election or municipal general
7221 election held in the current calendar year; and
7222 (B) as provided in Subsection (3)(c); and
7223 (v) conducts a public hearing that is held:
7224 (A) in accordance with Subsections (8) and (9); and
7225 (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
7226 (b) (i) For a county executive calendar year taxing entity, the statement described in
7227 Subsection (3)(a)(i) shall be made by the:
7228 (A) county council;
7229 (B) county executive; or
7230 (C) both the county council and county executive.
7231 (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
7232 county council states a dollar amount of additional ad valorem tax revenue that is greater than
7233 the amount of additional ad valorem tax revenue previously stated by the county executive in
7234 accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
7235 (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
7236 county executive calendar year taxing entity conducts the public hearing under Subsection
7237 (3)(a)(v); and
7238 (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
7239 county executive calendar year taxing entity conducts the public hearing required by
7240 Subsection (3)(a)(v).
7241 (c) The notice described in Subsection (3)(a)(iv):
7242 (i) shall be mailed to each owner of property:
7243 (A) within the calendar year taxing entity; and
7244 (B) listed on the assessment roll;
7245 (ii) shall be printed on a separate form that:
7246 (A) is developed by the commission;
7247 (B) states at the top of the form, in bold upper-case type no smaller than 18 point
7248 "NOTICE OF PROPOSED TAX INCREASE"; and
7249 (C) may be mailed with the notice required by Section 59-2-1317;
7250 (iii) shall contain for each property described in Subsection (3)(c)(i):
7251 (A) the value of the property for the current calendar year;
7252 (B) the tax on the property for the current calendar year; and
7253 (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
7254 taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
7255 rate, the estimated tax on the property;
7256 (iv) shall contain the following statement:
7257 "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
7258 year]. This notice contains estimates of the tax on your property and the proposed tax increase
7259 on your property as a result of this tax increase. These estimates are calculated on the basis of
7260 [insert previous applicable calendar year] data. The actual tax on your property and proposed
7261 tax increase on your property may vary from this estimate.";
7262 (v) shall state the date, time, and place of the public hearing described in Subsection
7263 (3)(a)(v); and
7264 (vi) may contain other property tax information approved by the commission.
7265 (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
7266 calculate the estimated tax on property on the basis of:
7267 (i) data for the current calendar year; and
7268 (ii) the amount of additional ad valorem tax revenue stated in accordance with this
7269 section.
7270 (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
7271 that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
7272 (a) provides notice by meeting the advertisement requirements of Subsections (6) and
7273 (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
7274 taxing entity's annual budget is adopted; and
7275 (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
7276 fiscal year taxing entity's annual budget is adopted.
7277 (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
7278 of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
7279 the requirements of this section.
7280 (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
7281 (4) if:
7282 (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that
7283 certified tax rate without having to comply with the notice provisions of this section; or
7284 (ii) the taxing entity:
7285 (A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
7286 and
7287 (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
7288 revenues.
7289 (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
7290 section shall be published:
7291 (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
7292 general circulation in the taxing entity;
7293 (ii) electronically in accordance with Section 45-1-101; and
7294 (iii) on the Utah Public Notice Website created in Section [
7295 (b) The advertisement described in Subsection (6)(a)(i) shall:
7296 (i) be no less than 1/4 page in size;
7297 (ii) use type no smaller than 18 point; and
7298 (iii) be surrounded by a 1/4-inch border.
7299 (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
7300 portion of the newspaper where legal notices and classified advertisements appear.
7301 (d) It is the intent of the Legislature that:
7302 (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
7303 newspaper that is published at least one day per week; and
7304 (ii) the newspaper or combination of newspapers selected:
7305 (A) be of general interest and readership in the taxing entity; and
7306 (B) not be of limited subject matter.
7307 (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
7308 (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
7309 before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
7310 and
7311 (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
7312 advertisement, which shall be seven or more days after the day the first advertisement is
7313 published, for the purpose of hearing comments regarding any proposed increase and to explain
7314 the reasons for the proposed increase.
7315 (ii) The advertisement described in Subsection (6)(a)(ii) shall:
7316 (A) be published two weeks before a taxing entity conducts a public hearing described
7317 in Subsection (3)(a)(v) or (4)(b); and
7318 (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
7319 advertisement, which shall be seven or more days after the day the first advertisement is
7320 published, for the purpose of hearing comments regarding any proposed increase and to explain
7321 the reasons for the proposed increase.
7322 (f) If a fiscal year taxing entity's public hearing information is published by the county
7323 auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
7324 requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
7325 the advertisement once during the week before the fiscal year taxing entity conducts a public
7326 hearing at which the taxing entity's annual budget is discussed.
7327 (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
7328 advertisement shall be substantially as follows:
7329
7330
7331 The (name of the taxing entity) is proposing to increase its property tax revenue.
7332 • The (name of the taxing entity) tax on a (insert the average value of a residence
7333 in the taxing entity rounded to the nearest thousand dollars) residence would
7334 increase from $______ to $________, which is $_______ per year.
7335 • The (name of the taxing entity) tax on a (insert the value of a business having
7336 the same value as the average value of a residence in the taxing entity) business
7337 would increase from $________ to $_______, which is $______ per year.
7338 • If the proposed budget is approved, (name of the taxing entity) would increase
7339 its property tax budgeted revenue by ___% above last year's property tax
7340 budgeted revenue excluding eligible new growth.
7341 All concerned citizens are invited to a public hearing on the tax increase.
7342
7343 Date/Time: (date) (time)
7344 Location: (name of meeting place and address of meeting place)
7345 To obtain more information regarding the tax increase, citizens may contact the (name
7346 of the taxing entity) at (phone number of taxing entity)."
7347 (7) The commission:
7348 (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
7349 Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
7350 two or more taxing entities; and
7351 (b) subject to Section 45-1-101, may authorize:
7352 (i) the use of a weekly newspaper:
7353 (A) in a county having both daily and weekly newspapers if the weekly newspaper
7354 would provide equal or greater notice to the taxpayer; and
7355 (B) if the county petitions the commission for the use of the weekly newspaper; or
7356 (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
7357 if:
7358 (A) the cost of the advertisement would cause undue hardship;
7359 (B) the direct notice is different and separate from that provided for in Section
7360 59-2-919.1; and
7361 (C) the taxing entity petitions the commission for the use of a commission approved
7362 direct notice.
7363 (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
7364 legislative body in which the fiscal year taxing entity is located of the date, time, and place of
7365 the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
7366 (B) A county that receives notice from a fiscal year taxing entity under Subsection
7367 (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
7368 of the public hearing described in Subsection (8)(a)(i)(A).
7369 (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
7370 year, notify the county legislative body in which the calendar year taxing entity is located of the
7371 date, time, and place of the first public hearing at which the calendar year taxing entity's annual
7372 budget will be discussed.
7373 (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
7374 (A) open to the public; and
7375 (B) held at a meeting of the taxing entity with no items on the agenda other than
7376 discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
7377 entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
7378 fee implementation or increase, or a combination of these items.
7379 (ii) The governing body of a taxing entity conducting a public hearing described in
7380 Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
7381 opportunity to present oral testimony:
7382 (A) within reasonable time limits; and
7383 (B) without unreasonable restriction on the number of individuals allowed to make
7384 public comment.
7385 (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
7386 public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
7387 of another overlapping taxing entity in the same county.
7388 (ii) The taxing entities in which the power to set tax levies is vested in the same
7389 governing board or authority may consolidate the public hearings described in Subsection
7390 (3)(a)(v) or (4)(b) into one public hearing.
7391 (d) A county legislative body shall resolve any conflict in public hearing dates and
7392 times after consultation with each affected taxing entity.
7393 (e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
7394 (4)(b) beginning at or after 6 p.m.
7395 (ii) If a taxing entity holds a public meeting for the purpose of addressing general
7396 business of the taxing entity on the same date as a public hearing described in Subsection
7397 (3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
7398 the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
7399 (f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
7400 public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
7401 hearing of the taxing entity.
7402 (ii) A taxing entity may hold the following hearings on the same date as a public
7403 hearing described in Subsection (3)(a)(v) or (4)(b):
7404 (A) a budget hearing;
7405 (B) if the taxing entity is a local district or a special service district, a fee hearing
7406 described in Section 17B-1-643;
7407 (C) if the taxing entity is a town, an enterprise fund hearing described in Section
7408 10-5-107.5; or
7409 (D) if the taxing entity is a city, an enterprise fund hearing described in Section
7410 10-6-135.5.
7411 (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
7412 valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
7413 entity shall:
7414 (i) announce at that public hearing the scheduled time and place of the next public
7415 meeting at which the taxing entity will consider budgeting the additional ad valorem tax
7416 revenue; and
7417 (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
7418 in Subsection (9)(a)(i) before September 1.
7419 (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
7420 of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
7421 tax revenue stated at a public meeting under Subsection (3)(a)(i).
7422 (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
7423 certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
7424 annual budget.
7425 Section 119. Section 59-2-919.2 is amended to read:
7426 59-2-919.2. Consolidated advertisement of public hearings.
7427 (1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
7428 entity provides the notice to the county required under Subsection 59-2-919(8)(a)(i), the taxing
7429 entity shall provide to the county auditor the information required by Subsection
7430 59-2-919(8)(a)(i).
7431 (b) A taxing entity is not required to notify the county auditor of the taxing entity's
7432 public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
7433 notice requirements of Section 59-2-919.
7434 (2) If as of July 22, two or more taxing entities notify the county auditor under
7435 Subsection (1), the county auditor shall by no later than July 22 of each year:
7436 (a) compile a list of the taxing entities that notify the county auditor under Subsection
7437 (1);
7438 (b) include on the list described in Subsection (2)(a), the following information for
7439 each taxing entity on the list:
7440 (i) the name of the taxing entity;
7441 (ii) the date, time, and location of the public hearing described in Subsection
7442 59-2-919(8)(a)(i);
7443 (iii) the average dollar increase on a residence in the taxing entity that the proposed tax
7444 increase would generate; and
7445 (iv) the average dollar increase on a business in the taxing entity that the proposed tax
7446 increase would generate;
7447 (c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
7448 notifies the county auditor under Subsection (1); and
7449 (d) in addition to the requirements of Subsection (3), if the county has a webpage,
7450 publish a copy of the list described in Subsection (2)(a) on the county's webpage until
7451 December 31.
7452 (3) (a) At least two weeks before any public hearing included in the list under
7453 Subsection (2) is held, the county auditor shall publish:
7454 (i) the list compiled under Subsection (2); and
7455 (ii) a statement that:
7456 (A) the list is for informational purposes only;
7457 (B) the list should not be relied on to determine a person's tax liability under this
7458 chapter; and
7459 (C) for specific information related to the tax liability of a taxpayer, the taxpayer
7460 should review the taxpayer's tax notice received under Section 59-2-919.1.
7461 (b) Except as provided in Subsection (3)(d)(ii), the information described in Subsection
7462 (3)(a) shall be published:
7463 (i) in no less than 1/4 page in size;
7464 (ii) in type no smaller than 18 point; and
7465 (iii) surrounded by a 1/4-inch border.
7466 (c) The published information described in Subsection (3)(a) and published in
7467 accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
7468 legal notice or classified advertisement appears.
7469 (d) A county auditor shall publish the information described in Subsection (3)(a):
7470 (i) (A) in a newspaper or combination of newspapers that are:
7471 (I) published at least one day per week;
7472 (II) of general interest and readership in the county; and
7473 (III) not of limited subject matter; and
7474 (B) once each week for the two weeks preceding the first hearing included in the list
7475 compiled under Subsection (2); and
7476 (ii) for two weeks preceding the first hearing included in the list compiled under
7477 Subsection (2):
7478 (A) as required in Section 45-1-101; and
7479 (B) on the Utah Public Notice Website created in Section [
7480 (4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
7481 the list described in Subsection (2)(c) to a person:
7482 (a) who attends the public hearing described in Subsection 59-2-919(8)(a)(i) of the
7483 taxing entity; or
7484 (b) who requests a copy of the list.
7485 (5) (a) A county auditor shall by no later than 30 days from the day on which the last
7486 publication of the information required by Subsection (3)(a) is made:
7487 (i) determine the costs of compiling and publishing the list; and
7488 (ii) charge each taxing entity included on the list an amount calculated by dividing the
7489 amount determined under Subsection (5)(a) by the number of taxing entities on the list.
7490 (b) A taxing entity shall pay the county auditor the amount charged under Subsection
7491 (5)(a).
7492 (6) The publication of the list under this section does not remove or change the notice
7493 requirements of Section 59-2-919 for a taxing entity.
7494 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7495 commission may make rules:
7496 (a) relating to the publication of a consolidated advertisement which includes the
7497 information described in Subsection (2) for a taxing entity that overlaps two or more counties;
7498 (b) relating to the payment required in Subsection (5)(b); and
7499 (c) to oversee the administration of this section and provide for uniform
7500 implementation.
7501 Section 120. Section 59-12-1102 is amended to read:
7502 59-12-1102. Base -- Rate -- Imposition of tax -- Distribution of revenue --
7503 Administration -- Administrative charge -- Commission requirement to retain an amount
7504 to be deposited into the Qualified Emergency Food Agencies Fund -- Enactment or repeal
7505 of tax -- Effective date -- Notice requirements.
7506 (1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
7507 authorized by this chapter, a county may impose by ordinance a county option sales and use tax
7508 of .25% upon the transactions described in Subsection 59-12-103(1).
7509 (ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
7510 section on the sales and uses described in Section 59-12-104 to the extent the sales and uses are
7511 exempt from taxation under Section 59-12-104.
7512 (b) For purposes of this Subsection (1), the location of a transaction shall be
7513 determined in accordance with Sections 59-12-211 through 59-12-215.
7514 (c) The county option sales and use tax under this section shall be imposed:
7515 (i) upon transactions that are located within the county, including transactions that are
7516 located within municipalities in the county; and
7517 (ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
7518 January:
7519 (A) of the next calendar year after adoption of the ordinance imposing the tax if the
7520 ordinance is adopted on or before May 25; or
7521 (B) of the second calendar year after adoption of the ordinance imposing the tax if the
7522 ordinance is adopted after May 25.
7523 (d) The county option sales and use tax under this section shall be imposed:
7524 (i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
7525 September 4, 1997; or
7526 (ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
7527 but after September 4, 1997.
7528 (2) (a) Before imposing a county option sales and use tax under Subsection (1), a
7529 county shall hold two public hearings on separate days in geographically diverse locations in
7530 the county.
7531 (b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
7532 time of no earlier than 6 p.m.
7533 (ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
7534 days after the day the first advertisement required by Subsection (2)(c) is published.
7535 (c) (i) Before holding the public hearings required by Subsection (2)(a), the county
7536 shall advertise:
7537 (A) its intent to adopt a county option sales and use tax;
7538 (B) the date, time, and location of each public hearing; and
7539 (C) a statement that the purpose of each public hearing is to obtain public comments
7540 regarding the proposed tax.
7541 (ii) The advertisement shall be published:
7542 (A) in a newspaper of general circulation in the county once each week for the two
7543 weeks preceding the earlier of the two public hearings; and
7544 (B) on the Utah Public Notice Website created in Section [
7545 two weeks preceding the earlier of the two public hearings.
7546 (iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
7547 page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
7548 border.
7549 (iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
7550 portion of the newspaper where legal notices and classified advertisements appear.
7551 (v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
7552 (A) the advertisement shall appear in a newspaper that is published at least five days a
7553 week, unless the only newspaper in the county is published less than five days a week; and
7554 (B) the newspaper selected shall be one of general interest and readership in the
7555 community, and not one of limited subject matter.
7556 (d) The adoption of an ordinance imposing a county option sales and use tax is subject
7557 to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
7558 6, Local Referenda - Procedures.
7559 (3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing a
7560 county option sales and use tax under Subsection (1) is less than 75% of the state population,
7561 the tax levied under Subsection (1) shall be distributed to the county in which the tax was
7562 collected.
7563 (b) Subject to Subsection (5), if the aggregate population of the counties imposing a
7564 county option sales and use tax under Subsection (1) is greater than or equal to 75% of the state
7565 population:
7566 (i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
7567 the county in which the tax was collected; and
7568 (ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
7569 (1) in each county shall be distributed proportionately among all counties imposing the tax,
7570 based on the total population of each county.
7571 (c) Except as provided in Subsection (5), the amount to be distributed annually to a
7572 county under Subsection (3)(b)(ii), when combined with the amount distributed to the county
7573 under Subsection (3)(b)(i), does not equal at least $75,000, then:
7574 (i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
7575 be increased so that, when combined with the amount distributed to the county under
7576 Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
7577 (ii) the amount to be distributed annually to all other counties under Subsection
7578 (3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
7579 Subsection (3)(c)(i).
7580 (d) The commission shall establish rules to implement the distribution of the tax under
7581 Subsections (3)(a), (b), and (c).
7582 (4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
7583 shall be administered, collected, and enforced in accordance with:
7584 (i) the same procedures used to administer, collect, and enforce the tax under:
7585 (A) Part 1, Tax Collection; or
7586 (B) Part 2, Local Sales and Use Tax Act; and
7587 (ii) Chapter 1, General Taxation Policies.
7588 (b) A tax under this part is not subject to Subsections 59-12-205(2) through (6).
7589 (c) (i) Subject to Subsection (4)(c)(ii), the commission shall retain and deposit an
7590 administrative charge in accordance with Section 59-1-306 from the revenue the commission
7591 collects from a tax under this part.
7592 (ii) Notwithstanding Section 59-1-306, the administrative charge described in
7593 Subsection (4)(c)(i) shall be calculated by taking a percentage described in Section 59-1-306 of
7594 the distribution amounts resulting after:
7595 (A) the applicable distribution calculations under Subsection (3) have been made; and
7596 (B) the commission retains the amount required by Subsection (5).
7597 (5) (a) Beginning on July 1, 2009, the commission shall calculate and retain a portion
7598 of the sales and use tax collected under this part as provided in this Subsection (5).
7599 (b) For a county that imposes a tax under this part, the commission shall calculate a
7600 percentage each month by dividing the sales and use tax collected under this part for that
7601 month within the boundaries of that county by the total sales and use tax collected under this
7602 part for that month within the boundaries of all of the counties that impose a tax under this part.
7603 (c) For a county that imposes a tax under this part, the commission shall retain each
7604 month an amount equal to the product of:
7605 (i) the percentage the commission determines for the month under Subsection (5)(b)
7606 for the county; and
7607 (ii) $6,354.
7608 (d) The commission shall deposit an amount the commission retains in accordance
7609 with this Subsection (5) into the Qualified Emergency Food Agencies Fund created by Section
7610 35A-8-1009.
7611 (e) An amount the commission deposits into the Qualified Emergency Food Agencies
7612 Fund shall be expended as provided in Section 35A-8-1009.
7613 (6) (a) For purposes of this Subsection (6):
7614 (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County
7615 Consolidations and Annexations.
7616 (ii) "Annexing area" means an area that is annexed into a county.
7617 (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a
7618 county enacts or repeals a tax under this part:
7619 (A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
7620 (II) the repeal shall take effect on the first day of a calendar quarter; and
7621 (B) after a 90-day period beginning on the date the commission receives notice meeting
7622 the requirements of Subsection (6)(b)(ii) from the county.
7623 (ii) The notice described in Subsection (6)(b)(i)(B) shall state:
7624 (A) that the county will enact or repeal a tax under this part;
7625 (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
7626 (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
7627 (D) if the county enacts the tax described in Subsection (6)(b)(ii)(A), the rate of the
7628 tax.
7629 (c) (i) If the billing period for a transaction begins before the effective date of the
7630 enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
7631 of the first billing period that begins on or after the effective date of the enactment of the tax.
7632 (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
7633 period is produced on or after the effective date of the repeal of the tax imposed under
7634 Subsection (1).
7635 (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7636 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7637 Subsection (6)(b)(i) takes effect:
7638 (A) on the first day of a calendar quarter; and
7639 (B) beginning 60 days after the effective date of the enactment or repeal under
7640 Subsection (6)(b)(i).
7641 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7642 commission may by rule define the term "catalogue sale."
7643 (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
7644 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
7645 part for an annexing area, the enactment or repeal shall take effect:
7646 (A) on the first day of a calendar quarter; and
7647 (B) after a 90-day period beginning on the date the commission receives notice meeting
7648 the requirements of Subsection (6)(e)(ii) from the county that annexes the annexing area.
7649 (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
7650 (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
7651 repeal of a tax under this part for the annexing area;
7652 (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
7653 (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
7654 (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
7655 (f) (i) If the billing period for a transaction begins before the effective date of the
7656 enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
7657 of the first billing period that begins on or after the effective date of the enactment of the tax.
7658 (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
7659 period is produced on or after the effective date of the repeal of the tax imposed under
7660 Subsection (1).
7661 (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7662 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7663 Subsection (6)(e)(i) takes effect:
7664 (A) on the first day of a calendar quarter; and
7665 (B) beginning 60 days after the effective date of the enactment or repeal under
7666 Subsection (6)(e)(i).
7667 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7668 commission may by rule define the term "catalogue sale."
7669 Section 121. Section 63A-3-103 is amended to read:
7670 63A-3-103. Duties of director of division -- Application to institutions of higher
7671 education.
7672 (1) The director of the Division of Finance shall:
7673 (a) define fiscal procedures relating to approval and allocation of funds;
7674 (b) provide for the accounting control of funds;
7675 (c) promulgate rules that:
7676 (i) establish procedures for maintaining detailed records of all types of leases;
7677 (ii) account for all types of leases in accordance with generally accepted accounting
7678 principles;
7679 (iii) require the performance of a lease with an option to purchase study by state
7680 agencies prior to any lease with an option to purchase acquisition of capital equipment; and
7681 (iv) require that the completed lease with an option to purchase study be approved by
7682 the director of the Division of Finance;
7683 (d) if the department operates the Division of Finance as an internal service fund
7684 agency in accordance with Section 63A-1-109.5, submit to the Rate Committee established in
7685 Section 63A-1-114:
7686 (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
7687 (ii) other information or analysis requested by the Rate Committee;
7688 (e) oversee the Office of State Debt Collection;
7689 (f) publish the state's current constitutional debt limit on the [
7690
7691 in accordance with Section 67-3-12; and
7692 (g) prescribe other fiscal functions required by law or under the constitutional authority
7693 of the governor to transact all executive business for the state.
7694 (2) (a) Institutions of higher education are subject to the provisions of Title 63A,
7695 Chapter 3, Part 1, General Provisions, and Title 63A, Chapter 3, Part 2, Accounting System,
7696 only to the extent expressly authorized or required by the State Board of Regents under Title
7697 53B, State System of Higher Education.
7698 (b) Institutions of higher education shall submit financial data for the past fiscal year
7699 conforming to generally accepted accounting principles to the director of the Division of
7700 Finance.
7701 (3) The Division of Finance shall prepare financial statements and other reports in
7702 accordance with legal requirements and generally accepted accounting principles for the state
7703 auditor's examination and certification:
7704 (a) not later than 60 days after a request from the state auditor; and
7705 (b) at the end of each fiscal year.
7706 Section 122. Section 63A-5a-202 is amended to read:
7707 63A-5a-202. Notice required before division may convey division-owned
7708 property.
7709 (1) Before the division may convey vacant division-owned property, the division shall
7710 give notice as provided in Subsection (2).
7711 (2) A notice required under Subsection (1) shall:
7712 (a) identify and describe the vacant division-owned property;
7713 (b) indicate the availability of the vacant division-owned property;
7714 (c) invite persons interested in the vacant division-owned property to submit a written
7715 proposal to the division;
7716 (d) indicate the deadline for submitting a written proposal;
7717 (e) be posted on the division's website for at least 60 consecutive days before the
7718 deadline for submitting a written proposal, in a location specifically designated for notices
7719 dealing with vacant division-owned property;
7720 (f) be posted on the Utah Public Notice Website created in Section [
7721 63A-12-201 for at least 60 consecutive days before the deadline for submitting a written
7722 proposal; and
7723 (g) be sent by email to each person who has previously submitted to the division a
7724 written request to receive notices under this section.
7725 Section 123. Section 63A-12-100 is amended to read:
7726
7727
7728 63A-12-100. Title.
7729 This chapter is known as the [
7730 Archives and Records Service."
7731 Section 124. Section 63A-12-101 is amended to read:
7732 63A-12-101. Division of Archives and Records Service created -- Duties.
7733 (1) There is created the Division of Archives and Records Service within the
7734 Department of Administrative Services.
7735 (2) The state archives shall:
7736 (a) administer the state's archives and records management programs, including storage
7737 of records, central microphotography programs, and quality control;
7738 (b) apply fair, efficient, and economical management methods to the collection,
7739 creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
7740 documents;
7741 (c) establish standards, procedures, and techniques for the effective management and
7742 physical care of records;
7743 (d) conduct surveys of office operations and recommend improvements in current
7744 records management practices, including the use of space, equipment, automation, and supplies
7745 used in creating, maintaining, storing, and servicing records;
7746 (e) establish standards for the preparation of schedules providing for the retention of
7747 records of continuing value and for the prompt and orderly disposal of state records no longer
7748 possessing sufficient administrative, historical, legal, or fiscal value to warrant further
7749 retention;
7750 (f) establish, maintain, and operate centralized microphotography lab facilities and
7751 quality control for the state;
7752 (g) provide staff and support services to the Records Management Committee created
7753 in Section 63A-12-112 and the State Records Committee created in Section 63G-2-501;
7754 (h) develop training programs to assist records officers and other interested officers and
7755 employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
7756 Government Records Access and Management Act;
7757 (i) provide access to public records deposited in the archives;
7758 (j) administer and maintain the Utah Public Notice Website established under Section
7759 [
7760 (k) provide assistance to any governmental entity in administering this chapter and
7761 Title 63G, Chapter 2, Government Records Access and Management Act;
7762 (l) prepare forms for use by all governmental entities for a person requesting access to
7763 a record; and
7764 (m) if the department operates the Division of Archives and Records Service as an
7765 internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate
7766 Committee established in Section 63A-1-114:
7767 (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
7768 (ii) other information or analysis requested by the Rate Committee.
7769 (3) The state archives may:
7770 (a) establish a report and directives management program; and
7771 (b) establish a forms management program.
7772 (4) The executive director of the Department of Administrative Services may direct the
7773 state archives to administer other functions or services consistent with this chapter and Title
7774 63G, Chapter 2, Government Records Access and Management Act.
7775 Section 125. Section 63A-12-114 is enacted to read:
7776 63A-12-114. Utah Open Records Portal Website.
7777 (1) As used in this section:
7778 (a) "Governmental entity" means the same as that term is defined in Section
7779 63G-2-103.
7780 (b) "Website" means the Utah Open Records Portal Website created under this section.
7781 (2) There is created the Utah Open Records Portal Website to be administered by the
7782 division.
7783 (3) The website shall serve as a point of access for requests for records under Title
7784 63G, Chapter 2, Government Records Access and Management Act.
7785 (4) The division is responsible for:
7786 (a) establishing and maintaining the website, with the technical assistance of the
7787 Department of Technology Services, including the provision of equipment, resources, and
7788 personnel as necessary;
7789 (b) providing a mechanism for governmental entities to gain access to the website for
7790 the purpose of posting, modifying, and maintaining records; and
7791 (c) maintaining an archive of all records posted to the website.
7792 (5) The timing for posting and the content of records posted to the website is the
7793 responsibility of the governmental entity posting the record.
7794 Section 126. Section 63A-12-201, which is renumbered from Section 63F-1-701 is
7795 renumbered and amended to read:
7796
7797 [
7798 and administration.
7799 (1) As used in this part:
7800 (a) "Division" means the Division of Archives and Records Service of the Department
7801 of Administrative Services.
7802 (b) "Public body" has the same meaning as provided under Section 52-4-103.
7803 (c) "Public information" means a public body's public notices, minutes, audio
7804 recordings, and other materials that are required to be posted to the website under Title 52,
7805 Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
7806 (d) "Website" means the Utah Public Notice Website created under this section.
7807 (2) There is created the Utah Public Notice Website to be administered by the
7808 [
7809 (3) The website shall consist of an Internet website provided to assist the public to find
7810 posted public information.
7811 (4) The division, with the technical assistance of the Department of Technology
7812 Services, shall create the website which shall:
7813 (a) allow a public body, or other certified entity, to easily post any public information,
7814 including the contact information required under Subsections 17B-1-303(9) and
7815 17D-1-106(1)(b)(ii);
7816 (b) allow the public to search the public information by:
7817 (i) public body name;
7818 (ii) date of posting of the notice;
7819 (iii) date of any meeting or deadline included as part of the public information; and
7820 (iv) any other criteria approved by the division;
7821 (c) allow the public to search and view past, archived public information;
7822 (d) allow a person to subscribe to receive updates and notices associated with a public
7823 body or a particular type of public information;
7824 [
7825 [
7826 [
7827 website; [
7828 [
7829 obtaining and reviewing public information posted on the website, as may be approved by the
7830 division[
7831 (h) be guided by the principles described in Subsection 63A-16-202(2).
7832 (5) The division shall be responsible for:
7833 (a) establishing and maintaining the website, including the provision of equipment,
7834 resources, and personnel as is necessary;
7835 (b) providing a mechanism for public bodies or other certified entities to have access to
7836 the website for the purpose of posting and modifying public information; and
7837 (c) maintaining an archive of all public information posted to the website.
7838 (6) The timing for posting and the content of the public information posted to the
7839 website shall be the responsibility of the public body or other entity posting the public
7840 information.
7841 Section 127. Section 63A-12-202, which is renumbered from Section 63F-1-702 is
7842 renumbered and amended to read:
7843 [
7844 (1) The division shall provide notice of the provisions and requirements of this chapter
7845 to all public bodies that are subject to the provision of Subsection 52-4-202(3)(a)(ii).
7846 (2) The division shall, as necessary, provide periodic training on the use of the [
7847
7848 website.
7849 Section 128. Section 63A-16-101 is enacted to read:
7850
7851
7852 63A-16-101. Title.
7853 This chapter is known as the "Utah Transparency Advisory Board."
7854 Section 129. Section 63A-16-102 is enacted to read:
7855 63A-16-102. Definitions.
7856 As used in this chapter:
7857 (1) "Board" means the Utah Transparency Advisory Board created in Section
7858 63A-16-201.
7859 (2) "Public information" means the same as that term is defined in Section 63F-1-108.
7860 (3) "Public information website" means:
7861 (a) the website established by the State Board of Education in accordance with
7862 Subsection 53E-5-211(1);
7863 (b) the Utah Open Records Portal Website created in Section 63A-12-114;
7864 (c) the Utah Public Notice Website created in Section 63A-12-201;
7865 (d) the Utah Open Data Portal Website created in Section 63F-1-108; or
7866 (e) the public finance website established by the state auditor in accordance with
7867 Section 67-3-12.
7868 Section 130. Section 63A-16-201, which is renumbered from Section 63A-1-203 is
7869 renumbered and amended to read:
7870
7871 [
7872 -- Membership.
7873 (1) There is created within the department the Utah Transparency Advisory Board
7874 comprised of members knowledgeable about public finance or providing public access to
7875 public information.
7876 (2) The board consists of:
7877 (a) the state auditor or the state auditor's designee;
7878 (b) an individual appointed by the executive director of the department;
7879 (c) an individual appointed by the executive director of the Governor's Office of
7880 Management and Budget;
7881 [
7882
7883 [
7884
7885 [
7886
7887 [
7888
7889 [
7890
7891 [
7892
7893 [
7894 [
7895 [
7896 [
7897
7898 [
7899
7900
7901 [
7902 [
7903
7904 [
7905
7906 [
7907
7908
7909 [
7910 [
7911
7912
7913
7914
7915
7916 [
7917
7918 [
7919
7920 [
7921
7922 [
7923 [
7924 [
7925 [
7926
7927 [
7928
7929
7930 [
7931
7932
7933 [
7934
7935
7936 [
7937 [
7938 [
7939 [
7940 [
7941 [
7942 [
7943
7944 [
7945 [
7946 (d) an individual appointed by the executive director of the Department of Technology
7947 Services;
7948 (e) the director of the Division of Archives and Records Service created in Section
7949 63A-12-101 or the director's designee;
7950 (f) an individual representing the State Board of Education, appointed by the State
7951 Board of Education;
7952 (g) the following individuals appointed by the governor:
7953 (i) an individual recommended by the Office of the Legislative Fiscal Analyst;
7954 (ii) one member of the Senate, recommended by the president of the Senate;
7955 (iii) one member of the House of Representatives, recommended by the speaker of the
7956 House of Representatives;
7957 (iv) an individual who is a member of the State Records Committee created in Section
7958 63G-2-501;
7959 (v) an individual representing counties;
7960 (vi) an individual representing municipalities; and
7961 (vii) an individual representing special districts; and
7962 (h) one individual who is a member of the public and who has knowledge, expertise, or
7963 experience in matters relating to the board's duties under Section 63A-16-202, appointed by the
7964 board members identified in Subsections (2)(a) through (g).
7965 [
7966 members.
7967 [
7968
7969 [
7970 term.
7971 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
7972 appointed for a four-year term.
7973 [
7974 [
7975 meeting.
7976 [
7977 [
7978 benefits for the member's service, but may receive per diem and travel expenses as allowed in:
7979 (i) Section 63A-3-106;
7980 (ii) Section 63A-3-107; and
7981 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
7982 63A-3-107.
7983 (b) Compensation and expenses of a member who is a legislator are governed by
7984 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
7985 [
7986 [
7987
7988 [
7989
7990
7991
7992
7993
7994
7995 [
7996 [
7997
7998 [
7999
8000 [
8001
8002 [
8003
8004 [
8005
8006 [
8007
8008 [
8009 [
8010
8011 [
8012
8013
8014 [
8015 [
8016 [
8017
8018
8019 [
8020
8021
8022 [
8023
8024 [
8025
8026 [
8027 [
8028 [
8029 [
8030
8031 [
8032
8033 [
8034
8035 [
8036 [
8037 [
8038
8039 [
8040 [
8041 [
8042
8043 [
8044
8045 [
8046 [
8047
8048
8049
8050 [
8051
8052 [
8053
8054 [
8055
8056 [
8057
8058
8059
8060 [
8061
8062
8063 (9) The department shall provide staff support for the board.
8064 Section 131. Section 63A-16-202 is enacted to read:
8065 63A-16-202. Utah Transparency Advisory Board -- Duties.
8066 (1) (a) The board shall advise and assist:
8067 (i) the state auditor regarding the public finance website established by the state auditor
8068 in accordance with Section 67-3-12;
8069 (ii) the Department of Technology Services regarding the Utah Open Data Portal
8070 website created in Section 63F-1-108;
8071 (iii) the Division of Archives and Records Service regarding:
8072 (A) the Utah Open Records Portal Website created in Section 63A-12-114; and
8073 (B) the Utah Public Notice Website created in Section 63A-12-201; and
8074 (iv) the State Board of Education regarding the website required under Subsection
8075 53E-5-211(1).
8076 (b) In providing advice and assistance under Subsection (1)(a), the board may:
8077 (i) develop recommendations on how to make public information more readily
8078 available to the public through a public information website;
8079 (ii) develop standards to make uniform the format and accessibility of public
8080 information posted to a public information website; and
8081 (iii) identify and prioritize public information that may be appropriate for publication
8082 on a public information website.
8083 (2) In fulfilling the board's duties under Subsection (1), the board shall follow
8084 principles that encourage:
8085 (a) the establishment of a standardized format of public information that makes the
8086 information posted to a public information website more easily accessible by the public;
8087 (b) the removal of restrictions on the reuse of public information;
8088 (c) balancing factors in favor of excluding public information from a public
8089 information website against the public interest in having the public information accessible
8090 through a public information website;
8091 (d) permanent, lasting, open access to public information;
8092 (e) the bulk publication of public information;
8093 (f) the implementation of well-designed public information systems that:
8094 (i) ensure data quality;
8095 (ii) create a public, comprehensive list or index of public information; and
8096 (iii) define a process for continuous publication of public information, including
8097 updates to available public information;
8098 (g) the identification of public information not currently available on a public
8099 information website and the implementation of a process, including a timeline and benchmarks,
8100 for making that public information available; and
8101 (h) accountability on the part of the persons who create, maintain, manage, or store
8102 public information or post public information to a public information website.
8103 Section 132. Section 63E-2-109 is amended to read:
8104 63E-2-109. State statutes.
8105 (1) Except as specifically modified in its authorizing statute, each independent
8106 corporation shall be exempt from the statutes governing state agencies, including:
8107 (a) Title 51, Chapter 5, Funds Consolidation Act;
8108 (b) Title 51, Chapter 7, State Money Management Act;
8109 (c) [
8110 Code;
8111 (d) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
8112 (e) Title 63G, Chapter 4, Administrative Procedures Act;
8113 (f) Title 63G, Chapter 6a, Utah Procurement Code;
8114 (g) Title 63J, Chapter 1, Budgetary Procedures Act;
8115 (h) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
8116 (i) Title 67, Chapter 19, Utah State Personnel Management Act.
8117 (2) Except as specifically modified in its authorizing statute, each independent
8118 corporation shall be subject to:
8119 (a) Title 52, Chapter 4, Open and Public Meetings Act;
8120 (b) [
8121 (c) Title 63G, Chapter 2, Government Records Access and Management Act.
8122 (3) Each independent corporation board may adopt its own policies and procedures
8123 governing its:
8124 (a) funds management;
8125 (b) audits; and
8126 (c) personnel.
8127 Section 133. Section 63F-1-108 is enacted to read:
8128 63F-1-108. Utah Open Data Portal Website.
8129 (1) As used in this section:
8130 (a) "Governmental entity" means the same as that term is defined in Section
8131 63G-2-103.
8132 (b) "Public information" means records of state government, local government, or an
8133 independent entity that are classified as public under Title 63G, Chapter 2, Government
8134 Records Access and Management Act, or, subject to any specific limitations and requirements
8135 regarding the provision of financial information from the entity described in Section 67-3-12, if
8136 an entity is exempt from Title 63G, Chapter 2, Government Records Access and Management
8137 Act, records that would normally be classified as public if the entity were not exempt from
8138 Title 63G, Chapter 2, Government Records Access and Management Act.
8139 (c) "Private, controlled, or protected information" means information classified as
8140 private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
8141 Management Act.
8142 (d) "Website" means the Utah Open Data Portal Website created in this section.
8143 (2) There is created the Utah Open Data Portal Website to be administered by the
8144 department.
8145 (3) The website shall serve as a point of access for public information.
8146 (4) The department shall:
8147 (a) establish and maintain the website, guided by the principles described in Subsection
8148 63A-16-202(2);
8149 (b) provide equipment, resources, and personnel as needed to establish and maintain
8150 the website;
8151 (c) provide a mechanism for governmental entities to gain access to the website for the
8152 purpose of posting and modifying public information; and
8153 (d) maintain an archive of all public information posted to the website.
8154 (5) The timing for posting and the content of the public information posted to the
8155 website is the responsibility of the governmental entity posting the public information.
8156 (6) A governmental entity may not post private, controlled, or protected information to
8157 the website.
8158 (7) A person who negligently discloses private, controlled, or protected information is
8159 not criminally or civilly liable for an improper disclosure of the information if the information
8160 is disclosed solely as a result of the preparation or publication of the website.
8161 Section 134. Section 63G-4-107 is amended to read:
8162 63G-4-107. Petition to remove agency action from public access.
8163 (1) An individual may petition the agency that maintains, on a state-controlled website
8164 available to the public, a record of administrative disciplinary action, to remove the record of
8165 administrative disciplinary action from public access on the state-controlled website, if:
8166 (a) (i) five years have passed since:
8167 (A) the date the final order was issued; or
8168 (B) if no final order was issued, the date the administrative disciplinary action was
8169 commenced; or
8170 (ii) the individual has obtained a criminal expungement order under Title 77, Chapter
8171 40, Utah Expungement Act, for the individual's criminal records related to the same incident or
8172 conviction upon which the administrative disciplinary action was based;
8173 (b) the individual has successfully completed all action required by the agency relating
8174 to the administrative disciplinary action within the time frame set forth in the final order, or if
8175 no time frame is specified in the final order, within the time frame set forth in Title 63G,
8176 Chapter 4, Administrative Procedures Act;
8177 (c) from the time that the original administrative disciplinary action was filed, the
8178 individual has not violated the same statutory provisions or administrative rules related to those
8179 statutory provisions that resulted in the original administrative disciplinary action; and
8180 (d) the individual pays an application fee determined by the agency in accordance with
8181 Section 63J-1-504.
8182 (2) The individual petitioning the agency under Subsection (1) shall provide the agency
8183 with a written request containing the following information:
8184 (a) the petitioner's full name, address, telephone number, and date of birth;
8185 (b) the information the petitioner seeks to remove from public access; and
8186 (c) an affidavit certifying that the petitioner is in compliance with the provisions of
8187 Subsection (1).
8188 (3) Within 30 days of receiving the documents and information described in
8189 Subsection (2):
8190 (a) the agency shall review the petition and all documents submitted with the petition
8191 to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
8192 (b) if the agency determines that the petitioner has met the requirements of Subsections
8193 (1) and (2), the agency shall immediately remove the record of administrative disciplinary
8194 action from public access on the state-controlled website.
8195 (4) Notwithstanding the provisions of Subsection (3), an agency is not required to
8196 remove a recording, written minutes, or other electronic information from the Utah Public
8197 Notice Website, created under Section [
8198 minutes, or other electronic information is required to be available to the public on the Utah
8199 Public Notice Website under the provisions of Title 52, Chapter 4, Open and Public Meetings
8200 Act.
8201 Section 135. Section 63G-9-303 is amended to read:
8202 63G-9-303. Meeting to examine claims -- Notice of meeting.
8203 (1) At least 60 days preceding the annual general session of the Legislature, the board
8204 shall hold a session for the purpose of examining the claims referred to in Section 63G-9-302,
8205 and may adjourn from time to time until the work is completed.
8206 (2) The board shall cause notice of such meeting or meetings to be published on the
8207 Utah Public Notice Website created in Section [
8208 Section 136. Section 63H-1-701 is amended to read:
8209 63H-1-701. Annual authority budget -- Fiscal year -- Public hearing required --
8210 Auditor forms -- Requirement to file form.
8211 (1) The authority shall prepare and its board adopt an annual budget of revenues and
8212 expenditures for the authority for each fiscal year.
8213 (2) Each annual authority budget shall be adopted before June 30.
8214 (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
8215 (4) (a) Before adopting an annual budget, the authority board shall hold a public
8216 hearing on the annual budget.
8217 (b) The authority shall provide notice of the public hearing on the annual budget by
8218 publishing notice:
8219 (i) at least once in a newspaper of general circulation within the state, one week before
8220 the public hearing; and
8221 (ii) on the Utah Public Notice Website created in Section [
8222 at least one week immediately before the public hearing.
8223 (c) The authority shall make the annual budget available for public inspection at least
8224 three days before the date of the public hearing.
8225 (5) The state auditor shall prescribe the budget forms and the categories to be contained
8226 in each authority budget, including:
8227 (a) revenues and expenditures for the budget year;
8228 (b) legal fees; and
8229 (c) administrative costs, including rent, supplies, and other materials, and salaries of
8230 authority personnel.
8231 (6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
8232 copy of the annual budget with the auditor of each county in which a project area of the
8233 authority is located, the State Tax Commission, the state auditor, the State Board of Education,
8234 and each taxing entity that levies a tax on property from which the authority collects property
8235 tax allocation.
8236 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
8237 state as a taxing entity is met if the authority files a copy with the State Tax Commission and
8238 the state auditor.
8239 Section 137. Section 63H-2-502 is amended to read:
8240 63H-2-502. Annual authority budget -- Auditor forms -- Requirement to file
8241 form.
8242 (1) (a) The authority shall prepare an annual budget of revenues and expenditures for
8243 the authority for each fiscal year.
8244 (b) Before June 30 of each year and subject to the other provisions of this section, the
8245 board shall adopt an annual budget of revenues and expenditures of the authority for the
8246 immediately following fiscal year.
8247 (2) (a) Before adopting an annual budget, the board shall hold a public hearing on the
8248 annual budget.
8249 (b) Before holding the public hearing required by this Subsection (2), the board shall
8250 post notice of the public hearing on the Utah Public Notice Website created under Section
8251 [
8252 be held.
8253 (3) The state auditor shall prescribe the budget forms and the categories to be contained
8254 in each annual budget of the authority, including:
8255 (a) revenues and expenditures for the budget year;
8256 (b) the outstanding bonds and related expenses;
8257 (c) legal fees; and
8258 (d) administrative costs, including:
8259 (i) rent;
8260 (ii) supplies;
8261 (iii) other materials; and
8262 (iv) salaries of authority personnel.
8263 (4) Within 30 days after adopting an annual budget, the board shall file a copy of the
8264 annual budget with:
8265 (a) the State Tax Commission; and
8266 (b) the state auditor.
8267 (5) (a) Subject to Subsection (5)(b), the board may by resolution amend an annual
8268 budget of the authority.
8269 (b) The board may make an amendment of an annual budget that would increase total
8270 expenditures of the authority only after:
8271 (i) holding a public hearing; and
8272 (ii) before holding the public hearing required by this Subsection (5)(b), posting notice
8273 of the public hearing on the Utah Public Notice Website created under Section [
8274 63A-12-201 no less than 14 days before the day on which the public hearing is to be held.
8275 (6) The authority may not make expenditures in excess of the total expenditures
8276 established in the annual budget as it is adopted or amended.
8277 Section 138. Section 63H-4-108 is amended to read:
8278 63H-4-108. Relation to certain acts -- Participation in Risk Management Fund.
8279 (1) The authority is exempt from:
8280 (a) Title 51, Chapter 5, Funds Consolidation Act;
8281 (b) [
8282 Code;
8283 (c) Title 63J, Chapter 1, Budgetary Procedures Act; and
8284 (d) Title 67, Chapter 19, Utah State Personnel Management Act.
8285 (2) The authority is subject to:
8286 (a) Title 52, Chapter 4, Open and Public Meetings Act;
8287 (b) [
8288 (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
8289 (d) Title 63G, Chapter 6a, Utah Procurement Code.
8290 (3) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3,
8291 Auditor, and by the legislative auditor general pursuant to Section 36-12-15.
8292 (4) Subject to the requirements of Subsection 63E-1-304(2), the authority may
8293 participate in coverage under the Risk Management Fund created by Section 63A-4-201.
8294 Section 139. Section 63H-5-108 is amended to read:
8295 63H-5-108. Relation to certain acts.
8296 (1) The authority is exempt from:
8297 (a) Title 51, Chapter 5, Funds Consolidation Act;
8298 (b) [
8299 Code;
8300 (c) Title 63J, Chapter 1, Budgetary Procedures Act; and
8301 (d) Title 67, Chapter 19, Utah State Personnel Management Act.
8302 (2) The authority is subject to:
8303 (a) Title 52, Chapter 4, Open and Public Meetings Act;
8304 (b) [
8305 (c) Title 63G, Chapter 2, Government Records Access and Management Act;
8306 (d) Title 63G, Chapter 6a, Utah Procurement Code; and
8307 (e) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
8308 legislative auditor general pursuant to Section 36-12-15.
8309 Section 140. Section 63H-6-103 is amended to read:
8310 63H-6-103. Utah State Fair Corporation -- Legal status -- Powers.
8311 (1) There is created an independent public nonprofit corporation known as the "Utah
8312 State Fair Corporation."
8313 (2) The board shall file articles of incorporation for the corporation with the Division
8314 of Corporations and Commercial Code.
8315 (3) The corporation, subject to this chapter, has all powers and authority permitted
8316 nonprofit corporations by law.
8317 (4) The corporation shall:
8318 (a) manage, supervise, and control:
8319 (i) all activities relating to the annual exhibition described in Subsection (4)(j); and
8320 (ii) except as otherwise provided by statute, all state expositions, including setting the
8321 time, place, and purpose of any state exposition;
8322 (b) for public entertainment, displays, and exhibits or similar events:
8323 (i) provide, sponsor, or arrange the events;
8324 (ii) publicize and promote the events; and
8325 (iii) secure funds to cover the cost of the exhibits from:
8326 (A) private contributions;
8327 (B) public appropriations;
8328 (C) admission charges; and
8329 (D) other lawful means;
8330 (c) acquire and designate exposition sites;
8331 (d) use generally accepted accounting principles in accounting for the corporation's
8332 assets, liabilities, and operations;
8333 (e) seek corporate sponsorships for the state fair park or for individual buildings or
8334 facilities within the fair park;
8335 (f) work with county and municipal governments, the Salt Lake Convention and
8336 Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
8337 expositions and the use of the state fair park;
8338 (g) develop and maintain a marketing program to promote expositions and the use of
8339 the state fair park;
8340 (h) in accordance with provisions of this part, operate and maintain the state fair park,
8341 including the physical appearance and structural integrity of the state fair park and the
8342 buildings located at the state fair park;
8343 (i) prepare an economic development plan for the state fair park;
8344 (j) hold an annual exhibition that:
8345 (i) is called the state fair or a similar name;
8346 (ii) promotes and highlights agriculture throughout the state;
8347 (iii) includes expositions of livestock, poultry, agricultural, domestic science,
8348 horticultural, floricultural, mineral and industrial products, manufactured articles, and domestic
8349 animals that, in the corporation's opinion will best stimulate agricultural, industrial, artistic, and
8350 educational pursuits and the sharing of talents among the people of Utah;
8351 (iv) includes the award of premiums for the best specimens of the exhibited articles
8352 and animals;
8353 (v) permits competition by livestock exhibited by citizens of other states and territories
8354 of the United States; and
8355 (vi) is arranged according to plans approved by the board;
8356 (k) fix the conditions of entry to the annual exhibition described in Subsection (4)(j);
8357 and
8358 (l) publish a list of premiums that will be awarded at the annual exhibition described in
8359 Subsection (4)(j) for the best specimens of exhibited articles and animals.
8360 (5) In addition to the annual exhibition described in Subsection (4)(j), the corporation
8361 may hold other exhibitions of livestock, poultry, agricultural, domestic science, horticultural,
8362 floricultural, mineral and industrial products, manufactured articles, and domestic animals that,
8363 in the corporation's opinion, will best stimulate agricultural, industrial, artistic, and educational
8364 pursuits and the sharing of talents among the people of Utah.
8365 (6) The corporation may:
8366 (a) employ advisers, consultants, and agents, including financial experts and
8367 independent legal counsel, and fix their compensation;
8368 (b) (i) participate in the state's Risk Management Fund created under Section
8369 63A-4-201; or
8370 (ii) procure insurance against any loss in connection with the corporation's property
8371 and other assets, including mortgage loans;
8372 (c) receive and accept aid or contributions of money, property, labor, or other things of
8373 value from any source, including any grants or appropriations from any department, agency, or
8374 instrumentality of the United States or Utah;
8375 (d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
8376 purposes of the corporation, subject to the conditions, if any, upon which the aid and
8377 contributions were made;
8378 (e) enter into management agreements with any person or entity for the performance of
8379 the corporation's functions or powers;
8380 (f) establish whatever accounts and procedures as necessary to budget, receive, and
8381 disburse, account for, and audit all funds received, appropriated, or generated;
8382 (g) subject to Subsection (8), lease any of the facilities at the state fair park;
8383 (h) sponsor events as approved by the board; and
8384 (i) enter into one or more agreements to develop the state fair park.
8385 (7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
8386 corporation is exempt from:
8387 (i) Title 51, Chapter 5, Funds Consolidation Act;
8388 (ii) Title 51, Chapter 7, State Money Management Act;
8389 (iii) Title 63A, Utah Administrative Services Code;
8390 (iv) Title 63J, Chapter 1, Budgetary Procedures Act; and
8391 (v) Title 67, Chapter 19, Utah State Personnel Management Act.
8392 (b) The board shall adopt policies parallel to and consistent with:
8393 (i) Title 51, Chapter 5, Funds Consolidation Act;
8394 (ii) Title 51, Chapter 7, State Money Management Act;
8395 (iii) Title 63A, Utah Administrative Services Code; and
8396 (iv) Title 63J, Chapter 1, Budgetary Procedures Act.
8397 (c) The corporation shall comply with:
8398 (i) Title 52, Chapter 4, Open and Public Meetings Act;
8399 (ii) Title 63G, Chapter 2, Government Records Access and Management Act;
8400 (iii) the provisions of [
8401 Section 67-3-12;
8402 (iv) Title 63G, Chapter 6a, Utah Procurement Code, except for a procurement for:
8403 (A) entertainment provided at the state fair park;
8404 (B) judges for competitive exhibits; or
8405 (C) sponsorship of an event at the state fair park; and
8406 (v) the legislative approval requirements for new facilities established in Subsection
8407 63A-5-104(3).
8408 (8) (a) Before the corporation executes a lease described in Subsection (6)(g) with a
8409 term of 10 or more years, the corporation shall:
8410 (i) submit the proposed lease to the State Building Board for the State Building Board's
8411 approval or rejection; and
8412 (ii) if the State Building Board approves the proposed lease, submit the proposed lease
8413 to the Executive Appropriations Committee for the Executive Appropriation Committee's
8414 review and recommendation in accordance with Subsection (8)(b).
8415 (b) The Executive Appropriations Committee shall review a proposed lease submitted
8416 in accordance with Subsection (8)(a) and recommend to the corporation that the corporation:
8417 (i) execute the proposed sublease; or
8418 (ii) reject the proposed sublease.
8419 Section 141. Section 63H-7a-104 is amended to read:
8420 63H-7a-104. Relation to certain acts.
8421 (1) The authority is exempt from:
8422 (a) Title 51, Chapter 5, Funds Consolidation Act;
8423 (b) [
8424 Code;
8425 (c) Title 63J, Chapter 1, Budgetary Procedures Act; and
8426 (d) Title 67, Chapter 19, Utah State Personnel Management Act.
8427 (2) The authority is subject to:
8428 (a) Title 52, Chapter 4, Open and Public Meetings Act;
8429 (b) [
8430 (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
8431 (d) Title 63G, Chapter 6a, Utah Procurement Code.
8432 Section 142. Section 63H-7a-803 is amended to read:
8433 63H-7a-803. Relation to certain acts -- Participation in Risk Management Fund.
8434 (1) The Utah Communications Authority is exempt from:
8435 (a) except as provided in Subsection (3)(a), Title 63A, Utah Administrative Services
8436 Code;
8437 (b) Title 63G, Chapter 4, Administrative Procedures Act; and
8438 (c) Title 67, Chapter 19, Utah State Personnel Management Act.
8439 (2) (a) The board shall adopt budgetary procedures, accounting, and personnel and
8440 human resource policies substantially similar to those from which they have been exempted in
8441 Subsection (1).
8442 (b) The authority, the board, and the committee members are subject to Title 67,
8443 Chapter 16, Utah Public Officers' and Employees' Ethics Act.
8444 (c) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act.
8445 (d) The authority is subject to Title 63G, Chapter 6a, Utah Procurement Code.
8446 (e) The authority is subject to Title 63J, Chapter 1, Budgetary Procedures Act, only
8447 with respect to money appropriated to the authority by the Legislature.
8448 (3) (a) Subject to the requirements of Subsection 63E-1-304(2), the administration may
8449 participate in coverage under the Risk Management Fund created by Section 63A-4-201.
8450 (b) The authority is subject to [
8451
8452 Section 143. Section 63H-8-204 is amended to read:
8453 63H-8-204. Relation to certain acts.
8454 (1) The corporation is exempt from:
8455 (a) Title 51, Chapter 5, Funds Consolidation Act;
8456 (b) Title 51, Chapter 7, State Money Management Act;
8457 (c) [
8458 Code;
8459 (d) Title 63G, Chapter 6a, Utah Procurement Code;
8460 (e) Title 63J, Chapter 1, Budgetary Procedures Act;
8461 (f) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
8462 (g) Title 67, Chapter 19, Utah State Personnel Management Act.
8463 (2) The corporation shall comply with:
8464 (a) Title 52, Chapter 4, Open and Public Meetings Act;
8465 (b) [
8466 (c) Title 63G, Chapter 2, Government Records Access and Management Act.
8467 Section 144. Section 63I-1-263 is amended to read:
8468 63I-1-263. Repeal dates, Titles 63A to 63N.
8469 (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
8470 [
8471 [
8472
8473 [
8474 [
8475
8476 [
8477
8478 (a) Section 63A-16-102 is repealed;
8479 (b) Section 63A-16-201 is repealed; and
8480 (c) Section 63A-16-202 is repealed.
8481 (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
8482 improvement funding, is repealed on July 1, 2024.
8483 (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
8484 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
8485 1, 2028.
8486 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
8487 2025.
8488 (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
8489 2020.
8490 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
8491 repealed July 1, 2021.
8492 (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
8493 2023.
8494 (9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
8495 2025.
8496 (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
8497 2020.
8498 (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
8499 (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
8500 (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
8501 (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
8502 be a legislator, in accordance with Subsection (3)(e)," is repealed;
8503 (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
8504 "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
8505 Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
8506 year that the board member was appointed.";
8507 (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
8508 president of the Senate, the speaker of the House, the governor," is repealed and replaced with
8509 "the governor"; and
8510 (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
8511 repealed.
8512 (12) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
8513 (13) Section 63M-7-212 is repealed on December 31, 2019.
8514 (14) On July 1, 2025:
8515 (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
8516 Development Coordinating Committee," is repealed;
8517 (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
8518 sites for the transplant of species to local government officials having jurisdiction over areas
8519 that may be affected by a transplant.";
8520 (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
8521 Coordinating Committee" is repealed;
8522 (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
8523 Coordinating Committee created in Section 63J-4-501 and" is repealed;
8524 (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
8525 Coordinating Committee and" is repealed;
8526 (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
8527 accordingly;
8528 (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
8529 (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
8530 word "and" is inserted immediately after the semicolon;
8531 (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
8532 (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
8533 and
8534 (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
8535 renumbered accordingly.
8536 (15) Subsection 63J-1-602.1(13), Nurse Home Visiting Restricted Account is repealed
8537 July 1, 2026.
8538 (16) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
8539 Commission, is repealed July 1, 2023.
8540 (17) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
8541 July 1, 2022.
8542 (18) (a) Subsection 63J-1-602.1(53), relating to the Utah Statewide Radio System
8543 Restricted Account, is repealed July 1, 2022.
8544 (b) When repealing Subsection 63J-1-602.1(53), the Office of Legislative Research and
8545 General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
8546 necessary changes to subsection numbering and cross references.
8547 (19) Subsection 63J-1-602.2(23), related to the Utah Seismic Safety Commission, is
8548 repealed January 1, 2025.
8549 (20) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
8550 1, 2023, is amended to read:
8551 "(1) On or before October 1, the board shall provide an annual written report to the
8552 Social Services Appropriations Subcommittee and the Economic Development and Workforce
8553 Services Interim Committee.".
8554 (21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
8555 January 1, 2023:
8556 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
8557 repealed;
8558 (b) Section 63M-7-305, the language that states "council" is replaced with
8559 "commission";
8560 (c) Subsection 63M-7-305(1) is repealed and replaced with:
8561 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
8562 (d) Subsection 63M-7-305(2) is repealed and replaced with:
8563 "(2) The commission shall:
8564 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
8565 Drug-Related Offenses Reform Act; and
8566 (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
8567 Subsections 77-18-1(5)(b)(iii) and (iv).".
8568 (22) The Crime Victim Reparations and Assistance Board, created in Section
8569 63M-7-504, is repealed July 1, 2027.
8570 (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
8571 (24) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
8572 on January 1, 2023.
8573 (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
8574 (26) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
8575 repealed January 1, 2021.
8576 (b) Subject to Subsection (26)(c), Sections 59-7-610 and 59-10-1007 regarding tax
8577 credits for certain persons in recycling market development zones, are repealed for taxable
8578 years beginning on or after January 1, 2021.
8579 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
8580 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
8581 59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
8582 (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
8583 the expenditure is made on or after January 1, 2021.
8584 (d) Notwithstanding Subsections (26)(b) and (c), a person may carry forward a tax
8585 credit in accordance with Section 59-7-610 or 59-10-1007 if:
8586 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
8587 (ii) (A) for the purchase price of machinery or equipment described in Section
8588 59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
8589 2020; or
8590 (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
8591 expenditure is made on or before December 31, 2020.
8592 (27) Section 63N-2-512 is repealed on July 1, 2021.
8593 (28) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
8594 January 1, 2021.
8595 (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
8596 calendar years beginning on or after January 1, 2021.
8597 (c) Notwithstanding Subsection (28)(b), an entity may carry forward a tax credit in
8598 accordance with Section 59-9-107 if:
8599 (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
8600 31, 2020; and
8601 (ii) the qualified equity investment that is the basis of the tax credit is certified under
8602 Section 63N-2-603 on or before December 31, 2023.
8603 (29) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.
8604 (30) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
8605 July 1, 2023.
8606 (31) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
8607 is repealed January 1, 2023.
8608 (32) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
8609 (a) Subsection 63N-10-201(2)(a) is amended to read:
8610 "(2) (a) The governor shall appoint five commission members with the advice and
8611 consent of the Senate.";
8612 (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
8613 (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
8614 respectively," is repealed; and
8615 (d) Subsection 63N-10-201(3)(d) is amended to read:
8616 "(d) The governor may remove a commission member for any reason and replace the
8617 commission member in accordance with this section.".
8618 (33) In relation to the Talent Ready Utah Board, on January 1, 2023:
8619 (a) Subsection 9-22-102(16) is repealed;
8620 (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
8621 repealed; and
8622 (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
8623 Utah," is repealed.
8624 (34) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
8625 2023.
8626 Section 145. Section 63I-2-263 is amended to read:
8627 63I-2-263. Repeal dates, Title 63A to Title 63N.
8628 [
8629 [
8630 [
8631
8632 [
8633 [
8634 repealed July 1, 2020.
8635 [
8636 repealed on July 1, 2020:
8637 (a) Section 63G-1-801;
8638 (b) Section 63G-1-802;
8639 (c) Section 63G-1-803; and
8640 (d) Section 63G-1-804.
8641 [
8642 (a) Section 63H-6-104.5 is repealed; and
8643 (b) Subsections 63H-6-104(8) and (9) are repealed.
8644 [
8645 [
8646 (a) Subsection 63J-1-602.1(52) is repealed;
8647 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
8648 and
8649 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
8650 [
8651 Section 146. Section 63M-4-402 is amended to read:
8652 63M-4-402. In-state generator need -- Merchant electric transmission line.
8653 (1) As used in this section:
8654 (a) "Capacity allocation process" means the process outlined by the Federal Energy
8655 Regulatory Commission in its final policy statement dated January 17, 2013, "Allocation of
8656 Capacity on New Merchant Transmission Projects and New Cost-Based, Participant-Funded
8657 Transmission Projects, Priority Rights to New Participant-Funded Transmission," 142 F.E.R.C.
8658 P61,038 (2013).
8659 (b) "Certificate of in-state need" means a certificate issued by the office in accordance
8660 with this section identifying an in-state generator that meets the requirements and qualifications
8661 of this section.
8662 (c) "Expression of need" means a document prepared and submitted to the office by an
8663 in-state merchant generator that describes or otherwise documents the transmission needs of
8664 the in-state merchant generator in conformance with the requirements of this section.
8665 (d) "In-state merchant generator" means an electric power provider that generates
8666 power in Utah and does not provide service to retail customers within the boundaries of Utah.
8667 (e) "Merchant electric transmission line" means a transmission line that does not
8668 provide electricity to retail customers within the boundaries of Utah.
8669 (f) "Office" means the Office of Energy Development established in Section
8670 63M-4-401.
8671 (g) "Open solicitation notice" means a document prepared and submitted to the office
8672 by a merchant electric transmission line regarding the commencement of the line's open
8673 solicitation in compliance with 142 F.E.R.C. P61,038 (2013).
8674 (2) As part of the capacity allocation process, a merchant electric transmission line
8675 shall file an open solicitation notice with the office containing a description of the merchant
8676 electric transmission line, including:
8677 (a) the proposed capacity;
8678 (b) the location of potential interconnection for in-state merchant generators;
8679 (c) the planned date for commencement of construction; and
8680 (d) the planned commercial operations date.
8681 (3) Upon receipt of the open solicitation notice, the office shall:
8682 (a) publish the notice on the Utah Public Notice Website created under Section
8683 [
8684 (b) include in the notice contact information; and
8685 (c) provide the deadline date for submission of an expression of need.
8686 (4) (a) In response to the open solicitation notice published by the office, and no later
8687 than 30 days after publication of the notice, an in-state merchant generator may submit an
8688 expression of need to the office.
8689 (b) An expression of need submitted under Subsection (4)(a) shall include:
8690 (i) a description of the in-state merchant generator; and
8691 (ii) a schedule of transmission capacity requirement provided in megawatts, by point of
8692 receipt and point of delivery and by operating year.
8693 (5) No later than 60 days after notice is published under Subsection (3), the office shall
8694 prepare a certificate of in-state need identifying the in-state merchant generators.
8695 (6) Within five days of preparing the certificate of in-state need, the office shall:
8696 (a) publish the certificate on the Utah Public Notice Website created under Section
8697 [
8698 (b) provide the certificate to the merchant electric transmission line for consideration in
8699 the capacity allocation process.
8700 (7) The merchant electric transmission line shall:
8701 (a) provide the Federal Energy Regulatory Commission with a copy of the certificate of
8702 in-state need; and
8703 (b) certify that the certificate is being provided to the Federal Energy Regulatory
8704 Commission in accordance with the requirements of this section, including a citation to this
8705 section.
8706 (8) At the conclusion of the capacity allocation process, and unless prohibited by a
8707 contractual obligation of confidentiality, the merchant electric transmission line shall report to
8708 the office whether a merchant in-state generator reflected on the certificate of in-state need has
8709 entered into a transmission service agreement with the merchant electric transmission line.
8710 (9) This section may not be interpreted to:
8711 (a) create an obligation of a merchant electric transmission line to pay for, or construct
8712 any portion of, the transmission line on behalf of an in-state merchant generator; or
8713 (b) preempt, supersede, or otherwise conflict with Federal Energy Regulatory
8714 Commission rules and regulations applicable to a commercial transmission agreement,
8715 including agreements, or terms of agreements, as to cost, terms, transmission capacity, or key
8716 rates.
8717 (10) Subsections (2) through (9) do not apply to a project entity as defined in Section
8718 11-13-103.
8719 Section 147. Section 67-3-12, which is renumbered from Section 63A-1-202 is
8720 renumbered and amended to read:
8721 [
8722 Establishment and administration -- Records disclosure -- Rules.
8723 [
8724
8725 (1) As used in this section:
8726 (a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
8727 as that term is defined in Section 63E-1-102.
8728 (ii) "Independent entity" includes an entity that is part of an independent entity
8729 described in this Subsection (1)(a), if the entity is considered a component unit of the
8730 independent entity under the governmental accounting standards issued by the Governmental
8731 Accounting Standards Board.
8732 (iii) "Independent entity" does not include the Utah State Retirement Office created in
8733 Section 49-11-201.
8734 (b) "Local education agency" means a school district or charter school.
8735 (c) "Participating local entity" means:
8736 (i) a county;
8737 (ii) a municipality;
8738 (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
8739 Local Districts;
8740 (iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
8741 (v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
8742 (vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
8743 Act;
8744 (vii) except for a taxed interlocal entity as defined in Section 11-13-602:
8745 (A) an interlocal entity as defined in Section 11-13-103;
8746 (B) a joint or cooperative undertaking as defined in Section 11-13-103; and
8747 (C) any project, program, or undertaking entered into by interlocal agreement in
8748 accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
8749 (viii) except for a taxed interlocal entity as defined in Section 11-13-602, an entity that
8750 is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
8751 component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
8752 governmental accounting standards issued by the Governmental Accounting Standards Board;
8753 or
8754 (ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.
8755 (d) (i) "Participating state entity" means the state of Utah, including its executive,
8756 legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
8757 councils, committees, and institutions.
8758 (ii) "Participating state entity" includes an entity that is part of an entity described in
8759 Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
8760 Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
8761 Accounting Standards Board.
8762 (e) "Public finance website" or "website" means the website established by the state
8763 auditor in accordance with this section.
8764 (f) "Public financial information" means each record that is required under this section
8765 or by rule made by the Office of the State Auditor under Subsection (8) to be made available on
8766 the public finance website, a participating local entity's website, or an independent entity's
8767 website.
8768 (g) "Qualifying entity" means:
8769 (i) an independent entity;
8770 (ii) a participating local entity;
8771 (iii) a participating state entity;
8772 (iv) a local education agency;
8773 (v) a state institution of higher education as defined in Section 53B-3-102;
8774 (vi) the Utah Educational Savings Plan created in Section 58B-8a-103;
8775 (vii) the Utah Housing Corporation created in Section 63H-8-201;
8776 (viii) the School and Institutional Trust Lands Administration created in Section
8777 53C-1-201; or
8778 (ix) the Utah Capital Investment Corporation created in Section 63N-6-301.
8779 (2) The state auditor shall establish and maintain a public finance website in
8780 accordance with this section.
8781 [
8782 (a) permit Utah taxpayers to:
8783 (i) view, understand, and track the use of taxpayer dollars by making public financial
8784 information available on the Internet for participating state entities, independent entities, and
8785 participating local entities, using the [
8786 (ii) link to websites administered by participating local entities or independent entities
8787 that do not use the [
8788 participating local entities' or independent entities' public financial information as required by
8789 this part and by rule made under [
8790 (b) allow a person who has Internet access to use the website without paying a fee;
8791 (c) allow the public to search public financial information on the [
8792
8793 (d) provide access to financial reports, financial audits, budgets, or other financial
8794 documents that are used to allocate, appropriate, spend, and account for government funds, as
8795 may be established by rule made under [
8796 (e) have a unique and simplified website address;
8797 (f) be [
8798 guided by the principles described in Subsection 63A-16-202(2);
8799 (g) include other links, features, or functionality that will assist the public in obtaining
8800 and reviewing public financial information, as may be established by rule made under [
8801
8802 (h) include a link to school report cards published on the State Board of Education's
8803 website under Section 53E-5-211.
8804 [
8805 [
8806 resources, and personnel as necessary;
8807 [
8808 [
8809 from participating state entities; and
8810 [
8811 participating local entities and independent entities.
8812 [
8813 [
8814
8815
8816
8817 [
8818
8819 [
8820
8821 [
8822 [
8823 [
8824
8825 [
8826
8827
8828 [
8829
8830
8831 [
8832
8833
8834 [
8835
8836 [
8837 [
8838
8839 [
8840 [
8841 [
8842 [
8843
8844
8845
8846 [
8847 [
8848
8849 [
8850
8851
8852
8853 [
8854
8855 [
8856 [
8857
8858 [
8859 [
8860
8861
8862 [
8863 [
8864
8865 [
8866 [
8867 [
8868 [
8869 [
8870 [
8871 [
8872 [
8873 [
8874 [
8875 [
8876 [
8877 [
8878 [
8879 [
8880 [
8881 [
8882 [
8883 [
8884 [
8885 [
8886 [
8887
8888 [
8889
8890 [
8891
8892
8893 [
8894
8895 [
8896
8897 [
8898 [
8899
8900 [
8901 [
8902 [
8903 [
8904
8905 [
8906
8907
8908 [
8909
8910 [
8911 [
8912
8913 [
8914 [
8915 [
8916 [
8917 [
8918 [
8919 [
8920
8921 [
8922
8923 [
8924
8925 [
8926
8927
8928 [
8929
8930
8931
8932 (5) A qualifying entity shall permit the public to view the qualifying entity's public
8933 financial information by posting the public financial information to the public finance website
8934 in accordance with rules made under Subsection (8).
8935 (6) The content of the public financial information posted to the public finance website
8936 is the responsibility of the qualifying entity posting the public financial information.
8937 [
8938 classified as private, controlled, or protected under Title 63G, Chapter 2, Government Records
8939 Access and Management Act, to the public finance website.
8940 (b) A person who negligently discloses [
8941 classified as private, protected, or controlled by Title 63G, Chapter 2, Government Records
8942 Access and Management Act, is not criminally or civilly liable for an improper disclosure of
8943 the [
8944 disclosed solely as a result of the preparation or publication of the [
8945
8946 (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8947 Office of the State Auditor:
8948 (a) shall make rules to:
8949 (i) establish which records a qualifying entity is required to post to the public finance
8950 website; and
8951 (ii) establish procedures for obtaining, submitting, reporting, storing, and posting
8952 public financial information on the public finance website; and
8953 (b) may make rules governing when a qualifying entity is required to disclose an
8954 expenditure made by a person under contract with the qualifying entity, including the form and
8955 content of the disclosure.
8956 Section 148. Section 72-3-108 is amended to read:
8957 72-3-108. County roads -- Vacation and narrowing.
8958 (1) A county may, by ordinance, vacate, narrow, or change the name of a county road
8959 without petition or after petition by a property owner.
8960 (2) A county may not vacate a county road unless notice of the hearing is:
8961 (a) published:
8962 (i) in a newspaper of general circulation in the county once a week for four consecutive
8963 weeks before the hearing; and
8964 (ii) on the Utah Public Notice Website created in Section [
8965 four weeks before the hearing; and
8966 (b) posted in three public places for four consecutive weeks prior to the hearing; and
8967 (c) mailed to the department and all owners of property abutting the county road.
8968 (3) The right-of-way and easements, if any, of a property owner and the franchise rights
8969 of any public utility may not be impaired by vacating or narrowing a county road.
8970 (4) Except as provided in Section 72-5-305, if a county vacates a county road, the
8971 state's right-of-way interest in the county road is also vacated.
8972 Section 149. Section 72-5-105 is amended to read:
8973 72-5-105. Highways, streets, or roads once established continue until abandoned
8974 -- Temporary closure.
8975 (1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
8976 once established shall continue to be highways, streets, or roads until formally abandoned or
8977 vacated by written order, resolution, or ordinance resolution of a highway authority having
8978 jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
8979 been duly recorded in the office of the recorder of the county or counties where the highway,
8980 street, or road is located.
8981 (2) (a) For purposes of assessment, upon the recordation of an order executed by the
8982 proper authority with the county recorder's office, title to the vacated or abandoned highway,
8983 street, or road shall vest to the adjoining record owners, with one-half of the width of the
8984 highway, street, or road assessed to each of the adjoining owners.
8985 (b) Provided, however, that should a description of an owner of record extend into the
8986 vacated or abandoned highway, street, or road that portion of the vacated or abandoned
8987 highway, street, or road shall vest in the record owner, with the remainder of the highway,
8988 street, or road vested as otherwise provided in this Subsection (2).
8989 (c) Title to a highway, street, or road that a local highway authority closes to vehicular
8990 traffic under Subsection (3) or (7) remains vested in the city.
8991 (3) (a) In accordance with this section, a state or local highway authority may
8992 temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
8993 C, or D road or R.S. 2477 right-of-way.
8994 (b) (i) A temporary closure authorized under this section is not an abandonment.
8995 (ii) The erection of a barrier or sign on a highway, street, or road once established is
8996 not an abandonment.
8997 (iii) An interruption of the public's continuous use of a highway, street, or road once
8998 established is not an abandonment even if the interruption is allowed to continue unabated.
8999 (c) A temporary closure under Subsection (3)(a) may be authorized only under the
9000 following circumstances:
9001 (i) when a federal authority, or other person, provides an alternate route to an R.S.
9002 2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
9003 (A) accepted by the highway authority; and
9004 (B) formalized by a federal permit or a written agreement between the federal authority
9005 or other person and the highway authority;
9006 (ii) when a state or local highway authority determines that correction or mitigation of
9007 injury to private or public land resources is necessary on or near a class B or D road or portion
9008 of a class B or D road; or
9009 (iii) when a local highway authority makes a finding that temporary closure of all or
9010 part of a class C road is necessary to mitigate unsafe conditions.
9011 (d) (i) If a local highway authority temporarily closes all or part of a class C road under
9012 Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
9013 another public use or purpose related to the mitigation of the unsafe condition.
9014 (ii) If a local highway authority temporarily closes all or part of a class C road under
9015 Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
9016 between the local highway authority and another entity, the local highway authority may not
9017 reopen the closed portion of the road until the lease agreement terminates.
9018 (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
9019 2477 right-of-way temporarily closed under this section if the alternate route is closed for any
9020 reason.
9021 (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
9022 (i) be authorized annually; and
9023 (ii) not exceed two years or the time it takes to complete the correction or mitigation,
9024 whichever is less.
9025 (4) To authorize a closure of a road under Subsection (3) or (7), a local highway
9026 authority shall pass an ordinance to temporarily or indefinitely close the road.
9027 (5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
9028 a highway authority shall:
9029 (a) hold a hearing on the proposed temporary or indefinite closure;
9030 (b) provide notice of the hearing by mailing a notice to the Department of
9031 Transportation and all owners of property abutting the highway; and
9032 (c) except for a closure under Subsection (3)(c)(iii):
9033 (i) publishing the notice:
9034 (A) in a newspaper of general circulation in the county at least once a week for four
9035 consecutive weeks before the hearing; and
9036 (B) on the Utah Public Notice Website created in Section [
9037 four weeks before the hearing; or
9038 (ii) posting the notice in three public places for at least four consecutive weeks before
9039 the hearing.
9040 (6) The right-of-way and easements, if any, of a property owner and the franchise rights
9041 of any public utility may not be impaired by a temporary or indefinite closure authorized under
9042 this section.
9043 (7) (a) A local highway authority may close to vehicular travel and convert to another
9044 public use or purpose a highway, road, or street over which the local highway authority has
9045 jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
9046 that:
9047 (i) the closed highway, road, or street is not necessary for vehicular travel;
9048 (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
9049 to private or public land resources on or near the highway, road, or street; or
9050 (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
9051 conditions.
9052 (b) If a local highway authority indefinitely closes all or part of a highway, road, or
9053 street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
9054 agreement between the local highway authority and another entity, the local highway authority
9055 may not reopen the closed portion of the road until the lease agreement terminates.
9056 (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
9057 Section 150. Section 73-1-16 is amended to read:
9058 73-1-16. Petition for hearing to determine validity -- Notice -- Service -- Pleading
9059 -- Costs -- Review.
9060 Where any water users' association, irrigation company, canal company, ditch company,
9061 reservoir company, or other corporation of like character or purpose, organized under the laws
9062 of this state has entered into or proposes to enter into a contract with the United States for the
9063 payment by such association or company of the construction and other charges of a federal
9064 reclamation project constructed, under construction, or to be constructed within this state, and
9065 where funds for the payment of such charges are to be obtained from assessments levied upon
9066 the stock of such association or company, or where a lien is created or will be created against
9067 any of the land, property, canals, water rights or other assets of such association or company or
9068 against the land, property, canals, water rights or other assets of any stockholder of such
9069 association or company to secure the payment of construction or other charges of a reclamation
9070 project, the water users' association, irrigation company, canal company, ditch company,
9071 reservoir company or other corporation of like character or purpose may file in the district court
9072 of the county wherein is situated the office of such association or company a petition entitled
9073 ".......... Water Users' Association" or ".......... Company," as the case may be, "against the
9074 stockholders of said association or company and the owners and mortgagees of land within the
9075 .......... Federal Reclamation Project." No other or more specific description of the defendants
9076 shall be required. In the petition it may be stated that the water users' association, irrigation
9077 company, canal company, ditch company, reservoir company or other corporation of like
9078 character and purpose has entered into or proposes to enter into a contract with the United
9079 States, to be set out in full in said petition, with a prayer that the court find said contract to be
9080 valid, and a modification of any individual contracts between the United States and the
9081 stockholders of such association or company, or between the association or company, and its
9082 stockholders, so far as such individual contracts are at variance with the contract or proposed
9083 contract between the association or company and the United States.
9084 Thereupon a notice in the nature of a summons shall issue under the hand and seal of
9085 the clerk of said court, stating in brief outline the contents of said petition, and showing where
9086 a full copy of said contract or proposed contract may be examined, such notice to be directed to
9087 the said defendants under the same general designations, which shall be considered sufficient
9088 to give the court jurisdiction of all matters involved and parties interested. Service shall be
9089 obtained (a) by publication of such notice once a week for three consecutive weeks (three
9090 times) in a newspaper published in each county where the irrigable land of such federal
9091 reclamation project is situated, (b) as required in Section 45-1-101 for three weeks, (c) by
9092 publishing the notice on the Utah Public Notice Website created in Section [
9093 63A-12-201, for three weeks prior to the date of the hearing, and (d) by the posting at least
9094 three weeks prior to the date of the hearing on said petition of the notice and a complete copy
9095 of the said contract or proposed contract in the office of the plaintiff association or company,
9096 and at three other public places within the boundaries of such federal reclamation project. Any
9097 stockholder in the plaintiff association or company, or owner, or mortgagee of land within said
9098 federal reclamation project affected by the contract proposed to be made by such association or
9099 company, may demur to or answer said petition before the date set for such hearing or within
9100 such further time as may be allowed therefor by the court. The failure of any persons affected
9101 by the said contract to answer or demur shall be construed, so far as such persons are concerned
9102 as an acknowledgment of the validity of said contract and as a consent to the modification of
9103 said individual contracts if any with such association or company or with the United States, to
9104 the extent that such modification is required to cause the said individual contracts if any to
9105 conform to the terms of the contract or proposed contract between the plaintiff and the United
9106 States. All persons filing demurrers or answers shall be entered as defendants in said cause and
9107 their defense consolidated for hearing or trial. Upon hearing the court shall examine all matters
9108 and things in controversy and shall enter judgment and decree as the case warrants, showing
9109 how and to what extent, if any, the said individual contracts of the defendants or under which
9110 they claim are modified by the plaintiff's contract or proposed contract with the United States.
9111 In reaching his conclusion in such causes, the court shall follow a liberal interpretation of the
9112 laws, and shall disregard informalities or omissions not affecting the substantial rights of the
9113 parties, unless it is affirmatively shown that such informalities or omissions led to a different
9114 result than would have been obtained otherwise. The Code of Civil Procedure shall govern
9115 matters of pleading and practice as nearly as may be. Costs may be assessed or apportioned
9116 among contesting parties in the discretion of the trial court. Review of the judgment of the
9117 district court by the Supreme Court may be had as in other civil causes.
9118 Section 151. Section 73-5-14 is amended to read:
9119 73-5-14. Determination by the state engineer of watershed to which particular
9120 source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
9121 (1) The state engineer may determine for administrative and distribution purposes the
9122 watershed to which any particular stream or source of water is tributary.
9123 (2) A determination under Subsection (1) may be made only after publication of notice
9124 to the water users.
9125 (3) Publication of notice under Subsection (2) shall be made:
9126 (a) in a newspaper or newspapers having general circulation in every county in the state
9127 in which any rights might be affected, once each week for five consecutive weeks;
9128 (b) in accordance with Section 45-1-101 for five weeks; and
9129 (c) on the Utah Public Notice Website created in Section [
9130 five weeks.
9131 (4) The state engineer shall fix the date and place of hearing and at the hearing any
9132 water user shall be given an opportunity to appear and adduce evidence material to the
9133 determination of the question involved.
9134 (5) (a) The state engineer shall publish the result of the determination as provided in
9135 Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the
9136 public that any person aggrieved by the decision may appeal the decision as provided by
9137 Section 73-3-14.
9138 (b) The notice under Subsection (5)(a) shall be considered to have been given so as to
9139 start the time for appeal upon completion of the publication of notice.
9140 Section 152. Section 75-1-401 is amended to read:
9141 75-1-401. Notice -- Method and time of giving.
9142 (1) If notice of a hearing on any petition is required and except for specific notice
9143 requirements as otherwise provided, the petitioner shall cause notice of the time and place of
9144 hearing of any petition to be given to any interested person or the person's attorney if the person
9145 has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall
9146 be given by the clerk posting a copy of the notice for the 10 consecutive days immediately
9147 preceding the time set for the hearing in at least three public places in the county, one of which
9148 must be at the courthouse of the county and:
9149 (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
9150 hearing by certified, registered, or ordinary first class mail addressed to the person being
9151 notified at the post-office address given in the demand for notice, if any, or at the person's
9152 office or place of residence, if known; or
9153 (ii) by delivering a copy thereof to the person being notified personally at least 10 days
9154 before the time set for the hearing; and
9155 (b) if the address, or identity of any person is not known and cannot be ascertained with
9156 reasonable diligence, by publishing:
9157 (i) at least once a week for three consecutive weeks a copy thereof in a newspaper
9158 having general circulation in the county where the hearing is to be held, the last publication of
9159 which is to be at least 10 days before the time set for the hearing; and
9160 (ii) on the Utah Public Notice Website created in Section [
9161 three weeks.
9162 (2) The court for good cause shown may provide for a different method or time of
9163 giving notice for any hearing.
9164 (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
9165 proceeding.
9166 Section 153. Repealer.
9167 This bill repeals:
9168 Section 63A-1-201, Definitions.
9169 Section 63A-1-204, Rulemaking authority.
9170 Section 63A-1-205, Participation by local entities.
9171 Section 63A-1-206, Submission of public financial information by a school district
9172 or charter school.