1     
PUBLIC INFORMATION WEBSITE REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Deidre M. Henderson

6     

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[, except as provided in Subsection
212     (2)(c)];
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;
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) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12; and
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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          [(a)] (b) briefly summarize the nature of the protest; and
515          [(b)] (c) state that a copy of the protest is on file at the commission's office.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201,
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201.
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     [63F-1-701] 63A-12-201; and
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 [63F-1-701] 63A-12-201; and
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 [63F-1-701] 63A-12-201; and
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     [63F-1-701] 63A-12-201; and
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, at
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201.
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201; and
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201.
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     [63A-1-201] 67-3-12.
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)[: (i) in a manner described in Subsection 63A-1-205(3); and (ii) ] within a reasonable
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 [63A-1-201] 67-3-12.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701]
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 [63F-1-701] 63A-12-201.

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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201; and
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201.
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701] 63A-12-201, at
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 [63F-1-701]
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201, at
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701] 63A-12-201
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     [63F-1-701] 63A-12-201, for 10 days before the first day for filing a declaration of candidacy;
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201; and
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     [63F-1-701] 63A-12-201, at least one week before the public hearing.
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 [63F-1-701] 63A-12-201, at least seven days

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 [63F-1-701] 63A-12-201; and
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     [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201.
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     [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201.
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 [63A-1-201, and subject to Title 63A, Chapter 1, Part 2, Utah
4998     Public Finance Website] 67-3-12, and subject to Section 67-3-12.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for seven days before the day of the election;
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 [63F-1-701] 63A-12-201, for seven days before the day of the election;
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 [63F-1-701] 63A-12-201, for seven days before the day of the election;
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 [63F-1-701] 63A-12-201, for seven days before the day of the election;
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, and the home page of the municipality's
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 [63F-1-701] 63A-12-201, and the home page of the county's
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 [63F-1-701] 63A-12-201; and
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 [63F-1-701] 63A-12-201; and
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 [(3)](2)(h)(ii) or (iv); and
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 [(3)](2)(h)(ii) or (iv); and
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201.
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 [63F-1-701]
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 [63F-1-701] 63A-12-201; or
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 [63F-1-701] 63A-12-201 for administrative board
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 [63F-1-701] 63A-12-201;
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 [63F-1-701] 63A-12-201(4)(d).

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     [63F-1-701] 63A-12-201.
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 [63F-1-701]
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 [63F-1-701] 63A-12-201, for
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 [Division of Finance and
6567     posted on the Utah Public Finance Website in accordance with Section 63A-1-202] state
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12.
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 [in accordance with Section 63A-1-202] to the state auditor by a date
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 [63F-1-701] 63A-12-201;
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 [63F-1-701]
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 [63F-1-701]
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 [63F-1-701] 63A-12-201; and
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     [63F-1-701] 63A-12-201.
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     [63F-1-701] 63A-12-201; and
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 [63F-1-701]
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201.
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     
"NOTICE OF PROPOSED TAX INCREASE

7330     
(NAME OF TAXING ENTITY)

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     
PUBLIC HEARING

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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201, for
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 [Utah Public Finance
7690     Website, created in Section 63A-1-202] public finance website established by the state auditor
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 [63F-1-701]
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     
CHAPTER 12. DIVISION OF ARCHIVES AND RECORDS SERVICE

7727     
Part 1. General Provisions

7728          63A-12-100. Title.
7729          This chapter is known as the ["Public Records Management Act."] "Division of
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     [63F-1-701] 63A-12-201;
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     
Part 2. Utah Public Notice Website

7797          [63F-1-701].      63A-12-201. Utah Public Notice Website -- Establishment
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     [Division of Archives and Records Service] division.

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          [(e) be easily accessible by the public from the State of Utah home page;]
7825          [(f)] (e) have a unique and simplified website address;
7826          [(g)] (f) be directly accessible via a link from the main page of the official state
7827     website; [and]
7828          [(h)] (g) include other links, features, or functionality that will assist the public in
7829     obtaining and reviewing public information posted on the website, as may be approved by the
7830     division[.]; and
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          [63F-1-702].      63A-12-202. Notice and training by the division.
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 [Utah
7847     Public Notice Website] website to public bodies that are authorized to post notice on the
7848     website.
7849          Section 128. Section 63A-16-101 is enacted to read:
7850     
CHAPTER 16. UTAH TRANSPARENCY ADVISORY BOARD

7851     
Part 1. General Provisions

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     
Part 2. Creation and Duties


7871          [63A-1-203].      63A-16-201. Utah Transparency Advisory Board -- Creation
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          [(d) an individual appointed by the governor on advice from the Legislative Fiscal
7882     Analyst;]
7883          [(e) one member of the Senate, appointed by the governor on advice from the president
7884     of the Senate;]
7885          [(f) one member of the House of Representatives, appointed by the governor on advice
7886     from the speaker of the House of Representatives;]
7887          [(g) an individual appointed by the director of the Department of Technology
7888     Services;]
7889          [(h) the director of the Division of Archives and Records Service created in Section
7890     63A-12-101 or the director's designee;]
7891          [(i) an individual who is a member of the State Records Committee created in Section
7892     63G-2-501, appointed by the governor;]
7893          [(j) an individual representing counties, appointed by the governor;]
7894          [(k) an individual representing municipalities, appointed by the governor;]
7895          [(l) an individual representing special districts, appointed by the governor;]
7896          [(m) an individual representing the State Board of Education, appointed by the State
7897     Board of Education; and]
7898          [(n) one individual who is a member of the public and who has knowledge, expertise,
7899     or experience in matters relating to the board's duties under Subsection (10), appointed by the
7900     board members identified in Subsections (2)(a) through (m).]
7901          [(3) The board shall:]

7902          [(a) advise the state auditor and the department on matters related to the
7903     implementation and administration of this part;]
7904          [(b) develop plans, make recommendations, and assist in implementing the provisions
7905     of this part;]
7906          [(c) determine what public financial information shall be provided by a participating
7907     state entity, independent entity, and participating local entity, if the public financial
7908     information:]
7909          [(i) only includes records that:]
7910          [(A) are classified as public under Title 63G, Chapter 2, Government Records Access
7911     and Management Act, or, subject to any specific limitations and requirements regarding the
7912     provision of financial information from the entity described in Section 63A-1-202, if an entity
7913     is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
7914     records that would normally be classified as public if the entity were not exempt from Title
7915     63G, Chapter 2, Government Records Access and Management Act;]
7916          [(B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
7917     revenues, regardless of the source; and]
7918          [(C) are owned, held, or administered by the participating state entity, independent
7919     entity, or participating local entity that is required to provide the record; and]
7920          [(ii) is of the type or nature that should be accessible to the public via a website based
7921     on considerations of:]
7922          [(A) the cost effectiveness of providing the information;]
7923          [(B) the value of providing the information to the public; and]
7924          [(C) privacy and security considerations;]
7925          [(d) evaluate the cost effectiveness of implementing specific information resources and
7926     features on the website;]
7927          [(e) require participating local entities to provide public financial information in
7928     accordance with the requirements of this part, with a specified content, reporting frequency,
7929     and form;]
7930          [(f) require an independent entity's website or a participating local entity's website to be
7931     accessible by link or other direct route from the Utah Public Finance Website if the
7932     independent entity or participating local entity does not use the Utah Public Finance Website;]

7933          [(g) determine the search methods and the search criteria that shall be made available
7934     to the public as part of a website used by an independent entity or a participating local entity
7935     under the requirements of this part, which criteria may include:]
7936          [(i) fiscal year;]
7937          [(ii) expenditure type;]
7938          [(iii) name of the agency;]
7939          [(iv) payee;]
7940          [(v) date; and]
7941          [(vi) amount; and]
7942          [(h) analyze ways to improve the information on the Utah Public Finance Website so
7943     the information is more relevant to citizens, including through the use of:]
7944          [(i) infographics that provide more context to the data; and]
7945          [(ii) geolocation services, if possible.]
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          [(4)] (3) Every two years, the board shall elect a chair and a vice chair from its
7966     members.
7967          [(5) (a) (i) The term of a member appointed for an unexpired two-year term before May
7968     8, 2018, shall be extended by two years from the date of the original appointment.]
7969          [(ii)] (4) (a) Each member [appointed on or after May 8, 2018,] shall serve a four-year
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          [(6)] (5) To accomplish its duties, the board shall meet as it determines necessary.
7974          [(7)] (6) Reasonable notice shall be given to each member of the board before any
7975     meeting.
7976          [(8)] (7) A majority of the board constitutes a quorum for the transaction of business.
7977          [(9)] (8) (a) A member who is not a legislator may not receive compensation or
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          [(10) (a) As used in Subsections (10) and (11):]
7986          [(i) "Information website" means a single Internet website containing public
7987     information or links to public information.]
7988          [(ii) "Public information" means records of state government, local government, or an
7989     independent entity that are classified as public under Title 63G, Chapter 2, Government
7990     Records Access and Management Act, or, subject to any specific limitations and requirements
7991     regarding the provision of financial information from the entity described in Section
7992     63A-1-202, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
7993     Management Act, records that would normally be classified as public if the entity were not
7994     exempt from Title 63G, Chapter 2, Government Records Access and Management Act.]

7995          [(b) The board shall:]
7996          [(i) study the establishment of an information website and develop recommendations
7997     for its establishment;]
7998          [(ii) develop recommendations about how to make public information more readily
7999     available to the public through the information website;]
8000          [(iii) develop standards to make uniform the format and accessibility of public
8001     information posted to the information website; and]
8002          [(iv) identify and prioritize public information in the possession of a state agency or
8003     political subdivision that may be appropriate for publication on the information website.]
8004          [(c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
8005     principles that encourage:]
8006          [(i) (A) the establishment of a standardized format of public information that makes the
8007     information more easily accessible by the public;]
8008          [(B) the removal of restrictions on the reuse of public information;]
8009          [(C) minimizing limitations on the disclosure of public information while appropriately
8010     safeguarding sensitive information; and]
8011          [(D) balancing factors in favor of excluding public information from an information
8012     website against the public interest in having the information accessible on an information
8013     website;]
8014          [(ii) (A) permanent, lasting, open access to public information; and]
8015          [(B) the publication of bulk public information;]
8016          [(iii) the implementation of well-designed public information systems that ensure data
8017     quality, create a public, comprehensive list or index of public information, and define a process
8018     for continuous publication of and updates to public information;]
8019          [(iv) the identification of public information not currently made available online and
8020     the implementation of a process, including a timeline and benchmarks, for making that public
8021     information available online; and]
8022          [(v) accountability on the part of those who create, maintain, manage, or store public
8023     information or post it to an information website.]
8024          [(d) The department shall implement the board's recommendations, including the
8025     establishment of an information website, to the extent that implementation:]

8026          [(i) is approved by the Legislative Management Committee;]
8027          [(ii) does not require further legislative appropriation; and]
8028          [(iii) is within the department's existing statutory authority.]
8029          [(11) The department shall, in consultation with the board and as funding allows,
8030     modify the information website described in Subsection (10) to:]
8031          [(a) by January 1, 2015, serve as a point of access for Government Records Access and
8032     Management requests for executive agencies;]
8033          [(b) by January 1, 2016, serve as a point of access for Government Records Access and
8034     Management requests for:]
8035          [(i) school districts;]
8036          [(ii) charter schools;]
8037          [(iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
8038     District Act;]
8039          [(iv) counties; and]
8040          [(v) municipalities;]
8041          [(c) by January 1, 2017, serve as a point of access for Government Records Access and
8042     Management requests for:]
8043          [(i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
8044     Districts; and]
8045          [(ii) special service districts under Title 17D, Chapter 1, Special Service District Act;]
8046          [(d) except as provided in Subsection (12)(a), provide link capabilities to other existing
8047     repositories of public information, including maps, photograph collections, legislatively
8048     required reports, election data, statute, rules, regulations, and local ordinances that exist on
8049     other agency and political subdivision websites;]
8050          [(e) provide multiple download options in different formats, including nonproprietary,
8051     open formats where possible;]
8052          [(f) provide any other public information that the board, under Subsection (10),
8053     identifies as appropriate for publication on the information website; and]
8054          [(g) incorporate technical elements the board identifies as useful to a citizen using the
8055     information website.]
8056          [(12) (a) The department, in consultation with the board, shall establish by rule any

8057     restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
8058     the website described in Subsection (10) if the inclusion would pose a potential security
8059     concern.]
8060          [(b) The website described in Subsection (10) may not publish any record that is
8061     classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
8062     Access and Management Act.]
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) [except as provided in Subsection (2),] Title 63A, Utah Administrative Services
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12; and
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 [63F-1-701] 63A-12-201, if the recording, written
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 [63F-1-701] 63A-12-201.
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 [63F-1-701] 63A-12-201, for
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     [63F-1-701] 63A-12-201 no less than 14 days before the day on which the public hearing is to
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 [63F-1-701]

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) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;
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) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;

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 [Title 63A, Chapter 1, Part 2, Utah Public Finance Website]
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) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;
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 [Title 63A, Chapter 1, Part 2, Utah Public Finance
8451     Website] Section 67-3-12.
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) [except as provided in Subsection (2),] Title 63A, Utah Administrative Services
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) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12; and
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          [(a) Subsection 63A-1-201(1) is repealed;]
8471          [(b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
8472     the board" is repealed;]
8473          [(c) Section 63A-1-203 is repealed;]
8474          [(d) Subsections 63A-1-204(1) and (2), the language that states "After consultation
8475     with the board, and" is repealed; and]
8476          [(e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
8477     in Subsection 63A-1-203(3)(c)" is repealed.]
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          [(1) On July 1, 2020:]
8629          [(a) Subsection 63A-1-203(5)(a)(i) is repealed; and]
8630          [(b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
8631     May 8, 2018," is repealed.]
8632          [(2)] (1) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
8633          [(3)] (2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
8634     repealed July 1, 2020.
8635          [(4)] (3) The following sections regarding the World War II Memorial Commission are
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          [(5)] (4) In relation to the State Fair Park Committee, on January 1, 2021:
8642          (a) Section 63H-6-104.5 is repealed; and
8643          (b) Subsections 63H-6-104(8) and (9) are repealed.
8644          [(6)] (5) Section 63H-7a-303 is repealed on July 1, 2022.
8645          [(7)] (6) In relation to the Employability to Careers Program Board, on July 1, 2022:

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          [(8)] (7) Section 63J-4-708 is repealed January 1, 2023.
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     [63F-1-701] 63A-12-201;
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     [63F-1-701] 63A-12-201; and
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          [63A-1-202].      67-3-12. Public finance website -- Definitions --
8722     Establishment and administration -- Records disclosure -- Rules.
8723          [(1) There is created the Utah Public Finance Website to be administered by the state
8724     auditor.]
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          [(2)] (3) The [Utah Public Finance Website] public finance website shall:
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 [Utah Public Finance Website] website; and
8786          (ii) link to websites administered by participating local entities or independent entities
8787     that do not use the [Utah Public Finance Website] website for the purpose of providing
8788     participating local entities' or independent entities' public financial information as required by
8789     this part and by rule made under [Section 63A-1-204] Subsection (8);
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 [Utah Public Finance
8792     Website using criteria established by the board] website;
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 [Section 63A-1-204] Subsection (8);
8796          (e) have a unique and simplified website address;
8797          (f) be [directly accessible via a link from the main page of the official state website]
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 [Section

8801     63A-1-204] Subsection (8); and
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          [(3) (a)] (4) The state auditor shall:
8805          [(i)] (a) establish and maintain the website, including the provision of equipment,
8806     resources, and personnel as necessary;
8807          [(ii)] (b) maintain an archive of all information posted to the website;
8808          [(iii)] (c) coordinate and process the receipt and posting of public financial information
8809     from participating state entities; and
8810          [(iv)] (d) coordinate and regulate the posting of public financial information by
8811     participating local entities and independent entities.
8812          [(b) The department shall provide staff support for the advisory committee.]
8813          [(4) (a) A participating state entity and each independent entity shall permit the public
8814     to view the entity's public financial information via the website, beginning with information
8815     that is generated not later than the fiscal year that begins July 1, 2008, except that public
8816     financial information for an:]
8817          [(i) institution of higher education shall be provided beginning with information
8818     generated for the fiscal year beginning July 1, 2009; and]
8819          [(ii) independent entity shall be provided beginning with information generated for the
8820     entity's fiscal year beginning in 2014.]
8821          [(b) No later than May 15, 2009, the website shall:]
8822          [(i) be operational; and]
8823          [(ii) permit public access to participating state entities' public financial information,
8824     except as provided in Subsections (4)(c) and (d).]
8825          [(c) An institution of higher education that is a participating state entity shall submit
8826     the entity's public financial information at a time allowing for inclusion on the website no later
8827     than May 15, 2010.]
8828          [(d) No later than the first full quarter after July 1, 2014, an independent entity shall
8829     submit the entity's public financial information for inclusion on the Utah Public Finance
8830     Website or via a link to its own website on the Utah Public Finance Website.]
8831          [(5) (a) The Utah Educational Savings Plan, created in Section 53B-8a-103, shall

8832     provide the following financial information to the state auditor for posting on the Utah Public
8833     Finance Website:]
8834          [(i) administrative fund expense transactions from its general ledger accounting
8835     system; and]
8836          [(ii) employee compensation information.]
8837          [(b) The plan is not required to submit other financial information to the state auditor,
8838     including:]
8839          [(i) revenue transactions;]
8840          [(ii) account owner transactions; and]
8841          [(iii) fiduciary or commercial information, as defined in Section 53B-12-102.]
8842          [(6) (a) The following independent entities shall each provide administrative expense
8843     transactions from its general ledger accounting system and employee compensation
8844     information to the state auditor for posting on the Utah Public Finance Website or via a link to
8845     a website administered by the independent entity:]
8846          [(i) the Utah Housing Corporation, created in Section 63H-8-201; and]
8847          [(ii) the School and Institutional Trust Lands Administration, created in Section
8848     53C-1-201.]
8849          [(b) The Utah Capital Investment Corporation, an independent entity created in Section
8850     63N-6-301, shall provide the following information to the division for posting on the Utah
8851     Public Finance Website or via a link to a website administered by the independent entity for
8852     each fiscal year ending on or after June 30, 2015:]
8853          [(i) aggregate compensation information for full-time and part-time employees,
8854     including benefit information;]
8855          [(ii) aggregate business travel expenses;]
8856          [(iii) aggregate expenses related to the Utah Capital Investment Corporation's
8857     allocation manager; and]
8858          [(iv) aggregate administrative, operating, and finance costs.]
8859          [(c) For purposes of this part, an independent entity described in Subsection (6)(a) or
8860     (b) is not required to submit to the state auditor, or provide a link to, other financial
8861     information, including:]
8862          [(i) revenue transactions of a fund or account created in its enabling statute;]

8863          [(ii) fiduciary or commercial information related to any subject if the disclosure of the
8864     information:]
8865          [(A) would conflict with fiduciary obligations; or]
8866          [(B) is prohibited by insider trading provisions;]
8867          [(iii) information of a commercial nature, including information related to:]
8868          [(A) account owners, borrowers, and dependents;]
8869          [(B) demographic data;]
8870          [(C) contracts and related payments;]
8871          [(D) negotiations;]
8872          [(E) proposals or bids;]
8873          [(F) investments;]
8874          [(G) the investment and management of funds;]
8875          [(H) fees and charges;]
8876          [(I) plan and program design;]
8877          [(J) investment options and underlying investments offered to account owners;]
8878          [(K) marketing and outreach efforts;]
8879          [(L) lending criteria;]
8880          [(M) the structure and terms of bonding; and]
8881          [(N) financial plans or strategies; and]
8882          [(iv) information protected from public disclosure by federal law.]
8883          [(7) (a) As used in this Subsection (7):]
8884          [(i) "Local education agency" means a school district or a charter school.]
8885          [(ii) "New school building project" means:]
8886          [(A) the construction of a school or school facility that did not previously exist in a
8887     local education agency; or]
8888          [(B) the lease or purchase of an existing building, by a local education agency, to be
8889     used as a school or school facility.]
8890          [(iii) "School facility" means a facility, including a pool, theater, stadium, or
8891     maintenance building, that is built, leased, acquired, or remodeled by a local education agency
8892     regardless of whether the facility is open to the public.]
8893          [(iv) "Significant school remodel" means a construction project undertaken by a local

8894     education agency with a project cost equal to or greater than $2,000,000, including:]
8895          [(A) the upgrading, changing, alteration, refurbishment, modification, or complete
8896     substitution of an existing school or school facility in a local education agency; or]
8897          [(B) the addition of a school facility.]
8898          [(b) For each new school building project or significant school remodel, the local
8899     education agency shall:]
8900          [(i) prepare an annual school plant capital outlay report; and]
8901          [(ii) submit the report:]
8902          [(A) to the state auditor for publication on the Utah Public Finance Website; and]
8903          [(B) in a format, including any raw data or electronic formatting, prescribed by
8904     applicable policy established by the state auditor.]
8905          [(c) The local education agency shall include in the capital outlay report described in
8906     Subsection (7)(b)(i) the following information as applicable to each new school building
8907     project or significant school remodel:]
8908          [(i) the name and location of the new school building project or significant school
8909     remodel;]
8910          [(ii) construction and design costs, including:]
8911          [(A) the purchase price or lease terms of any real property acquired or leased for the
8912     project or remodel;]
8913          [(B) facility construction;]
8914          [(C) facility and landscape design;]
8915          [(D) applicable impact fees; and]
8916          [(E) furnishings and equipment;]
8917          [(iii) the gross square footage of the project or remodel;]
8918          [(iv) the year construction was completed; and]
8919          [(v) the final student capacity of the new school building project or, for a significant
8920     school remodel, the increase or decrease in student capacity created by the remodel.]
8921          [(d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
8922     the local education agency shall report the actual cost, fee, or other expense.]
8923          [(ii) The state auditor may require that a local education agency provide further
8924     itemized data on information listed in Subsection (7)(c).]

8925          [(e) (i) No later than May 15, 2015, a local education agency shall provide the state
8926     auditor a school plant capital outlay report for each new school building project and significant
8927     school remodel completed on or after July 1, 2004, and before May 13, 2014.]
8928          [(ii) For a new school building project or significant school remodel completed after
8929     May 13, 2014, the local education agency shall provide the school plant capital outlay report
8930     described in this Subsection (7) to the state auditor annually by a date designated by the state
8931     auditor.]
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          [(8)] (7) (a) A qualifying entity may not post public financial information that is
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 [a record] public financial information that is
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 [record] public financial information if the [record] public financial information is
8944     disclosed solely as a result of the preparation or publication of the [Utah Public Finance
8945     Website] public financial information.
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701]
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 [63F-1-701] 63A-12-201, for
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 [63F-1-701] 63A-12-201, for
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.