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7 LONG TITLE
8 General Description:
9 This bill changes the name of the Automated Geographic Reference Center.
10 Highlighted Provisions:
11 This bill:
12 ▸ changes the name of the Automated Geographic Reference Center to the "Utah
13 Geospatial Resource Center"; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides revisor instructions.
19 Utah Code Sections Affected:
20 AMENDS:
21 10-9a-203, as last amended by Laws of Utah 2015, Chapter 202
22 10-9a-603, as last amended by Laws of Utah 2020, Chapter 434
23 11-58-503, as last amended by Laws of Utah 2019, Chapter 399
24 17-27a-203, as last amended by Laws of Utah 2009, Chapter 188
25 17-27a-603, as last amended by Laws of Utah 2020, Chapter 434
26 17-50-105, as last amended by Laws of Utah 2009, Chapter 350
27 17B-1-106, as last amended by Laws of Utah 2013, Chapter 445
28 17C-2-109, as last amended by Laws of Utah 2016, Chapter 350
29 17C-3-108, as last amended by Laws of Utah 2016, Chapter 350
30 17C-4-107, as last amended by Laws of Utah 2016, Chapter 350
31 17C-5-111, as enacted by Laws of Utah 2016, Chapter 350
32 20A-5-303, as last amended by Laws of Utah 2011, Chapter 335
33 20A-13-102.2, as last amended by Laws of Utah 2013, Chapter 383
34 20A-13-104, as last amended by Laws of Utah 2013, Chapter 383
35 20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
36 20A-14-102.3, as last amended by Laws of Utah 2013, Chapter 455
37 20A-14-201, as last amended by Laws of Utah 2011, Chapter 297
38 36-1-103.2, as last amended by Laws of Utah 2013, Chapter 454
39 36-1-105, as last amended by Laws of Utah 2013, Chapter 454
40 36-1-202.2, as last amended by Laws of Utah 2013, Chapter 382
41 36-1-204, as last amended by Laws of Utah 2013, Chapter 382
42 53G-3-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
43 54-3-28, as last amended by Laws of Utah 2013, Chapter 445
44 63F-1-502, as last amended by Laws of Utah 2017, Chapter 238
45 63F-1-506, as last amended by Laws of Utah 2009, Chapter 350
46 63F-1-508, as last amended by Laws of Utah 2013, Chapter 310
47 63H-1-403, as last amended by Laws of Utah 2020, Chapter 282
48 63H-7a-304, as last amended by Laws of Utah 2020, Chapters 294 and 368
49 63N-3-501, as enacted by Laws of Utah 2018, Chapter 182
50 67-1a-2.2, as enacted by Laws of Utah 2011, Third Special Session, Chapter 9
51 67-1a-6.5, as last amended by Laws of Utah 2016, Chapter 350
52 72-5-304, as last amended by Laws of Utah 2005, Chapter 169
53 72-5-309, as last amended by Laws of Utah 2008, Chapters 97 and 382
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 10-9a-203 is amended to read:
57 10-9a-203. Notice of intent to prepare a general plan or comprehensive general
58 plan amendments in certain municipalities.
59 (1) Before preparing a proposed general plan or a comprehensive general plan
60 amendment, each municipality within a county of the first or second class shall provide 10
61 calendar days notice of [
62 comprehensive general plan amendment:
63 (a) to each affected entity;
64 (b) to the [
65 created in Section 63F-1-506;
66 (c) to the association of governments, established pursuant to an interlocal agreement
67 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
68 and
69 (d) on the Utah Public Notice Website created under Section 63F-1-701.
70 (2) Each notice under Subsection (1) shall:
71 (a) indicate that the municipality intends to prepare a general plan or a comprehensive
72 general plan amendment, as the case may be;
73 (b) describe or provide a map of the geographic area that will be affected by the general
74 plan or amendment;
75 (c) be sent by mail, e-mail, or other effective means;
76 (d) invite the affected entities to provide information for the municipality to consider in
77 the process of preparing, adopting, and implementing a general plan or amendment concerning:
78 (i) impacts that the use of land proposed in the proposed general plan or amendment
79 may have; and
80 (ii) uses of land within the municipality that the affected entity is considering that may
81 conflict with the proposed general plan or amendment; and
82 (e) include the address of an Internet website, if the municipality has one, and the name
83 and telephone number of [
84 concerning the municipality's proposed general plan or amendment.
85 Section 2. Section 10-9a-603 is amended to read:
86 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
87 acknowledgment, surveyor certification, and underground utility facility owner
88 verification of plat -- Recording plat.
89 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
90 subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
91 the land shall provide an accurate plat that describes or specifies:
92 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
93 the county recorder's office;
94 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
95 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
96 intended to be used as a street or for any other public use, and whether any such area is
97 reserved or proposed for dedication for a public purpose;
98 (c) the lot or unit reference, block or building reference, street or site address, street
99 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
100 and width of the blocks and lots intended for sale; and
101 (d) every existing right-of-way and easement grant of record for an underground
102 facility, as defined in Section 54-8a-2, and for any other utility facility.
103 (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the municipality's
104 ordinances and this part and has been approved by the culinary water authority, the sanitary
105 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
106 health department and the municipality consider the local health department's approval
107 necessary, the municipality shall approve the plat.
108 (b) Municipalities are encouraged to receive a recommendation from the fire authority
109 and the public safety answering point before approving a plat.
110 (c) A municipality may not require that a plat be approved or signed by a person or
111 entity who:
112 (i) is not an employee or agent of the municipality; or
113 (ii) does not:
114 (A) have a legal or equitable interest in the property within the proposed subdivision;
115 (B) provide a utility or other service directly to a lot within the subdivision;
116 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
117 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
118 relation to the plat; or
119 (D) provide culinary public water service whose source protection zone designated as
120 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
121 (d) For a subdivision application that includes land located within a notification zone,
122 as determined under Subsection (2)(f), the land use authority shall:
123 (i) within 20 days after the day on which a complete subdivision application is filed,
124 provide written notice of the application to the canal owner or associated canal operator contact
125 described in:
126 (A) Section 10-9a-211;
127 (B) Subsection 73-5-7(2); or
128 (C) Subsection (5)(c); and
129 (ii) wait to approve or reject the subdivision application for at least 20 days after the
130 day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
131 to receive input from the canal owner or associated canal operator, including input regarding:
132 (A) access to the canal;
133 (B) maintenance of the canal;
134 (C) canal protection; and
135 (D) canal safety.
136 (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
137 (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
138 canal owner or associated canal operator if:
139 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
140 (ii) the centerline alignment is available to the land use authority:
141 (A) from information provided by the canal company under Section 10-9a-211, using
142 mapping-grade global positioning satellite units or digitized data from the most recent aerial
143 photo available to the canal owner or associated canal operator;
144 (B) using the state engineer's inventory of canals under Section 73-5-7; or
145 (C) from information provided by a surveyor under Subsection (5)(c).
146 (3) The municipality may withhold an otherwise valid plat approval until the owner of
147 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
148 penalties owing on the land have been paid.
149 (4) (a) Within 30 days after approving a final plat under this section, a municipality
150 shall submit to the [
151 Center, created in Section 63F-1-506, for inclusion in the unified statewide 911 emergency
152 service database described in Subsection 63H-7a-304(4)(b):
153 (i) an electronic copy of the approved final plat; or
154 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
155 for construction within the bounds of the approved plat.
156 (b) If requested by the [
157 Resource Center, a municipality that approves a final plat under this section shall:
158 (i) coordinate with the [
159 Resource Center to validate the information described in Subsection (4)(a); and
160 (ii) assist the [
161 Center in creating electronic files that contain the information described in Subsection (4)(a)
162 for inclusion in the unified statewide 911 emergency service database.
163 (5) (a) A county recorder may not record a plat unless:
164 (i) prior to recordation, the municipality has approved and signed the plat;
165 (ii) each owner of record of land described on the plat has signed the owner's
166 dedication as shown on the plat; and
167 (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
168 provided by law.
169 (b) The surveyor making the plat shall certify that the surveyor:
170 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
171 Professional Land Surveyors Licensing Act;
172 (ii) has completed a survey of the property described on the plat in accordance with
173 Section 17-23-17 and has verified all measurements; and
174 (iii) has placed monuments as represented on the plat.
175 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
176 an existing or proposed underground facility or utility facility within the proposed subdivision,
177 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
178 depiction of the:
179 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
180 public or private easement, or grants of record;
181 (B) location of an existing underground facility and utility facility; and
182 (C) physical restrictions governing the location of the underground facility and utility
183 facility within the subdivision.
184 (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
185 (A) indicates only that the plat approximates the location of the existing underground
186 and utility facilities but does not warrant or verify their precise location; and
187 (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
188 Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
189 applicable to prescriptive rights, or any other provision of law.
190 (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
191 certified, and approved, the individual seeking to record the plat shall, within the time period
192 and manner designated by ordinance, record the plat in the county recorder's office in the
193 county in which the lands platted and laid out are situated.
194 (b) A failure to record a plat within the time period designated by ordinance renders the
195 plat voidable by the land use authority.
196 Section 3. Section 11-58-503 is amended to read:
197 11-58-503. Notice of project area plan adoption -- Effective date of plan -- Time
198 for challenging a project area plan or project area.
199 (1) Upon the board's adoption of a project area plan, the board shall provide notice as
200 provided in Subsection (2) by publishing or causing to be published legal notice:
201 (a) in a newspaper of general circulation within or near the project area; and
202 (b) as required by Section 45-1-101.
203 (2) (a) Each notice under Subsection (1) shall include:
204 (i) the board resolution adopting the project area plan or a summary of the resolution;
205 and
206 (ii) a statement that the project area plan is available for general public inspection and
207 the hours for inspection.
208 (b) The statement required under Subsection (2)(a)(ii) may be included within the
209 board resolution adopting the project area plan or within the summary of the resolution.
210 (3) The project area plan shall become effective on the date designated in the board
211 resolution.
212 (4) The authority shall make the adopted project area plan available to the general
213 public at [
214 (5) Within 10 days after the day on which a project area plan is adopted that establishes
215 a project area, or after an amendment to a project area plan is adopted under which the
216 boundary of a project area is modified, the authority shall send notice of the establishment or
217 modification of the project area and an accurate map or plat of the project area to:
218 (a) the State Tax Commission;
219 (b) the [
220 created in Section 63F-1-506; and
221 (c) the assessor and recorder of each county where the project area is located.
222 (6) (a) A legal action or other challenge to a project area plan or a project area
223 described in a project area plan is barred unless brought within 30 days after the effective date
224 of the project area plan.
225 (b) A legal action or other challenge to a project area that consists of authority
226 jurisdictional land is barred unless brought within 30 days after the board adopts a business
227 plan under Subsection 11-58-202(1)(a) for the authority jurisdictional land.
228 Section 4. Section 17-27a-203 is amended to read:
229 17-27a-203. Notice of intent to prepare a general plan or comprehensive general
230 plan amendments in certain counties.
231 (1) Before preparing a proposed general plan or a comprehensive general plan
232 amendment, each county of the first or second class shall provide 10 calendar days notice of
233 [
234 amendment:
235 (a) to each affected entity;
236 (b) to the [
237 created in Section 63F-1-506;
238 (c) to the association of governments, established pursuant to an interlocal agreement
239 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
240 (d) on the Utah Public Notice Website created under Section 63F-1-701.
241 (2) Each notice under Subsection (1) shall:
242 (a) indicate that the county intends to prepare a general plan or a comprehensive
243 general plan amendment, as the case may be;
244 (b) describe or provide a map of the geographic area that will be affected by the general
245 plan or amendment;
246 (c) be sent by mail, e-mail, or other effective means;
247 (d) invite the affected entities to provide information for the county to consider in the
248 process of preparing, adopting, and implementing a general plan or amendment concerning:
249 (i) impacts that the use of land proposed in the proposed general plan or amendment
250 may have; and
251 (ii) uses of land within the county that the affected entity is considering that may
252 conflict with the proposed general plan or amendment; and
253 (e) include the address of an Internet website, if the county has one, and the name and
254 telephone number of [
255 concerning the county's proposed general plan or amendment.
256 Section 5. Section 17-27a-603 is amended to read:
257 17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
258 acknowledgment, surveyor certification, and underground utility facility owner
259 verification of plat -- Recording plat.
260 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
261 subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
262 the land shall provide an accurate plat that describes or specifies:
263 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
264 the county recorder's office;
265 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
266 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
267 intended to be used as a street or for any other public use, and whether any such area is
268 reserved or proposed for dedication for a public purpose;
269 (c) the lot or unit reference, block or building reference, street or site address, street
270 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
271 and width of the blocks and lots intended for sale; and
272 (d) every existing right-of-way and easement grant of record for an underground
273 facility, as defined in Section 54-8a-2, and for any other utility facility.
274 (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the county's
275 ordinances and this part and has been approved by the culinary water authority, the sanitary
276 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
277 health department and the county consider the local health department's approval necessary, the
278 county shall approve the plat.
279 (b) Counties are encouraged to receive a recommendation from the fire authority and
280 the public safety answering point before approving a plat.
281 (c) A county may not require that a plat be approved or signed by a person or entity
282 who:
283 (i) is not an employee or agent of the county; or
284 (ii) does not:
285 (A) have a legal or equitable interest in the property within the proposed subdivision;
286 (B) provide a utility or other service directly to a lot within the subdivision;
287 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
288 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
289 relation to the plat; or
290 (D) provide culinary public water service whose source protection zone designated as
291 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
292 (d) For a subdivision application that includes land located within a notification zone,
293 as determined under Subsection (2)(f), the land use authority shall:
294 (i) within 20 days after the day on which a complete subdivision application is filed,
295 provide written notice of the application to the canal owner or associated canal operator contact
296 described in:
297 (A) Section 17-27a-211;
298 (B) Subsection 73-5-7(2); or
299 (C) Subsection (5)(c); and
300 (ii) wait to approve or reject the subdivision application for at least 20 days after the
301 day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
302 receive input from the canal owner or associated canal operator, including input regarding:
303 (A) access to the canal;
304 (B) maintenance of the canal;
305 (C) canal protection; and
306 (D) canal safety.
307 (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
308 (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
309 canal owner or associated canal operator if:
310 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
311 (ii) the centerline alignment is available to the land use authority:
312 (A) from information provided by the canal company under Section 17-27a-211 using
313 mapping-grade global positioning satellite units or digitized data from the most recent aerial
314 photo available to the canal owner or canal operator;
315 (B) using the state engineer's inventory of canals under Section 73-5-7; or
316 (C) from information provided by a surveyor under Subsection (5)(c).
317 (3) The county may withhold an otherwise valid plat approval until the owner of the
318 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
319 penalties owing on the land have been paid.
320 (4) (a) Within 30 days after approving a final plat under this section, a county shall
321 submit to the [
322 created in Section 63F-1-506, for inclusion in the unified statewide 911 emergency service
323 database described in Subsection 63H-7a-304(4)(b):
324 (i) an electronic copy of the approved final plat; or
325 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
326 for construction within the bounds of the approved plat.
327 (b) If requested by the [
328 Resource Center, a county that approves a final plat under this section shall:
329 (i) coordinate with the [
330 Resource Center to validate the information described in Subsection (4)(a); and
331 (ii) assist the [
332 Center in creating electronic files that contain the information described in Subsection (4)(a)
333 for inclusion in the unified statewide 911 emergency service database.
334 (5) (a) A county recorder may not record a plat unless, subject to Subsection
335 17-27a-604(1):
336 (i) prior to recordation, the county has approved and signed the plat;
337 (ii) each owner of record of land described on the plat has signed the owner's
338 dedication as shown on the plat; and
339 (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
340 provided by law.
341 (b) The surveyor making the plat shall certify that the surveyor:
342 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
343 Professional Land Surveyors Licensing Act;
344 (ii) has completed a survey of the property described on the plat in accordance with
345 Section 17-23-17 and has verified all measurements; and
346 (iii) has placed monuments as represented on the plat.
347 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
348 an existing or proposed underground facility or utility facility within the proposed subdivision,
349 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
350 depiction of the:
351 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
352 public or private easement, or grants of record;
353 (B) location of an existing underground facility and utility facility; and
354 (C) physical restrictions governing the location of the underground facility and utility
355 facility within the subdivision.
356 (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
357 (A) indicates only that the plat approximates the location of the existing underground
358 and utility facilities but does not warrant or verify their precise location; and
359 (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
360 Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
361 applicable to prescriptive rights, or any other provision of law.
362 (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
363 certified, and approved, the individual seeking to record the plat shall, within the time period
364 and manner designated by ordinance, record the plat in the county recorder's office in the
365 county in which the lands platted and laid out are situated.
366 (b) A failure to record a plat within the time period designated by ordinance renders the
367 plat voidable by the land use authority.
368 Section 6. Section 17-50-105 is amended to read:
369 17-50-105. Disputed boundaries.
370 (1) As used in this section, "independent surveyor" means the surveyor whose position
371 is established within the [
372 Center under Subsection 63F-1-506(3).
373 (2) (a) If a dispute or uncertainty arises as to the true location of a county boundary as
374 described in the official records maintained by the office of the lieutenant governor, the
375 surveyors of each county whose boundary is the subject of the dispute or uncertainty may
376 determine the true location.
377 (b) If agreement is reached under Subsection (2)(a), the county surveyors shall provide
378 notice, accompanied by a map, to the lieutenant governor showing the true location of the
379 county boundary.
380 (3) (a) If the county surveyors fail to agree on or otherwise fail to establish the true
381 location of the county boundary, the county executive of either or both of the affected counties
382 shall engage the services of the independent surveyor.
383 (b) After being engaged under Subsection (3)(a), the independent surveyor shall notify
384 the surveyor of each county whose boundary is the subject of the dispute or uncertainty of the
385 procedure the independent surveyor will use to determine the true location of the boundary.
386 (c) With the assistance of each surveyor who chooses to participate, the independent
387 surveyor shall determine permanently the true location of the boundary by marking surveys and
388 erecting suitable monuments to designate the boundary.
389 (d) Each boundary established under this Subsection (3) shall be considered permanent
390 until superseded by legislative enactment.
391 (e) The independent surveyor shall provide notice, accompanied by a map, to the
392 lieutenant governor showing the true location of the county boundary.
393 (4) Nothing in this section may be construed to give the county surveyors or
394 independent surveyor any authority other than to erect suitable monuments to designate county
395 boundaries as they are described in the official records maintained by the office of the
396 lieutenant governor.
397 Section 7. Section 17B-1-106 is amended to read:
398 17B-1-106. Notice before preparing or amending a long-range plan or acquiring
399 certain property.
400 (1) As used in this section:
401 (a) (i) "Affected entity" means each county, municipality, local district under this title,
402 special service district, school district, interlocal cooperation entity established under Title 11,
403 Chapter 13, Interlocal Cooperation Act, and specified public utility:
404 (A) whose services or facilities are likely to require expansion or significant
405 modification because of an intended use of land; or
406 (B) that has filed with the local district a copy of the general or long-range plan of the
407 county, municipality, local district, school district, interlocal cooperation entity, or specified
408 public utility.
409 (ii) "Affected entity" does not include the local district that is required under this
410 section to provide notice.
411 (b) "Specified public utility" means an electrical corporation, gas corporation, or
412 telephone corporation, as those terms are defined in Section 54-2-1.
413 (2) (a) If a local district under this title located in a county of the first or second class
414 prepares a long-range plan regarding [
415 amends an already existing long-range plan, the local district shall, before preparing a
416 long-range plan or amendments to an existing long-range plan, provide written notice, as
417 provided in this section, of [
418 amend an existing long-range plan.
419 (b) Each notice under Subsection (2)(a) shall:
420 (i) indicate that the local district intends to prepare a long-range plan or to amend a
421 long-range plan, as the case may be;
422 (ii) describe or provide a map of the geographic area that will be affected by the
423 long-range plan or amendments to a long-range plan;
424 (iii) be:
425 (A) sent to each county in whose unincorporated area and each municipality in whose
426 boundaries is located the land on which the proposed long-range plan or amendments to a
427 long-range plan are expected to indicate that the proposed facilities will be located;
428 (B) sent to each affected entity;
429 (C) sent to the [
430 Center created in Section 63F-1-506;
431 (D) sent to each association of governments, established pursuant to an interlocal
432 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
433 municipality described in Subsection (2)(b)(iii)(A) is a member; and
434 (E) (I) placed on the Utah Public Notice Website created under Section 63F-1-701, if
435 the local district:
436 (Aa) is required under Subsection 52-4-203(3) to use that website to provide public
437 notice of a meeting; or
438 (Bb) voluntarily chooses to place notice on that website despite not being required to
439 do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
440 (II) the state planning coordinator appointed under Section 63J-4-202, if the local
441 district does not provide notice on the Utah Public Notice Website under Subsection
442 (2)(b)(iii)(E)(I);
443 (iv) with respect to the notice to counties and municipalities described in Subsection
444 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
445 consider in the process of preparing, adopting, and implementing the long-range plan or
446 amendments to a long-range plan concerning:
447 (A) impacts that the use of land proposed in the proposed long-range plan or
448 amendments to a long-range plan may have on the county, municipality, or affected entity; and
449 (B) uses of land that the county, municipality, or affected entity is planning or
450 considering that may conflict with the proposed long-range plan or amendments to a long-range
451 plan; and
452 (v) include the address of an Internet website, if the local district has one, and the name
453 and telephone number of [
454 concerning the local district's proposed long-range plan or amendments to a long-range plan.
455 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
456 real property in a county of the first or second class for the purpose of expanding the local
457 district's infrastructure or other facilities used for providing the services that the local district is
458 authorized to provide shall provide written notice, as provided in this Subsection (3), of [
459 the local district's intent to acquire the property if the intended use of the property is contrary
460 to:
461 (i) the anticipated use of the property under the county or municipality's general plan;
462 or
463 (ii) the property's current zoning designation.
464 (b) Each notice under Subsection (3)(a) shall:
465 (i) indicate that the local district intends to acquire real property;
466 (ii) identify the real property; and
467 (iii) be sent to:
468 (A) each county in whose unincorporated area and each municipality in whose
469 boundaries the property is located; and
470 (B) each affected entity.
471 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
472 63G-2-305(8).
473 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
474 previously provided notice under Subsection (2) identifying the general location within the
475 municipality or unincorporated part of the county where the property to be acquired is located.
476 (ii) If a local district is not required to comply with the notice requirement of
477 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
478 the notice specified in Subsection (3)(a) as soon as practicable after [
479 acquisition of the real property.
480 Section 8. Section 17C-2-109 is amended to read:
481 17C-2-109. Agency required to transmit and record documents after adoption of
482 an urban renewal project area plan.
483 Within 30 days after the community legislative body adopts, under Section 17C-2-107,
484 an urban renewal project area plan, the agency shall:
485 (1) record with the recorder of the county in which the project area is located a
486 document containing:
487 (a) a description of the land within the project area;
488 (b) a statement that the project area plan for the project area has been adopted; and
489 (c) the date of adoption;
490 (2) transmit a copy of the description of the land within the project area and an accurate
491 map or plat indicating the boundaries of the project area to the [
492
493 (3) for a project area plan that provides for the agency to receive tax increment,
494 transmit a copy of the description of the land within the project area, a copy of the community
495 legislative body ordinance adopting the project area plan, and a map or plat indicating the
496 boundaries of the project area to:
497 (a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
498 part of the project area is located;
499 (b) the officer or officers performing the function of auditor or assessor for each taxing
500 entity that does not use the county assessment roll or collect the taxing entity's taxes through
501 the county;
502 (c) the legislative body or governing board of each taxing entity;
503 (d) the State Tax Commission; and
504 (e) the State Board of Education.
505 Section 9. Section 17C-3-108 is amended to read:
506 17C-3-108. Agency required to transmit and record documents after adoption of
507 economic development project area plan.
508 Within 30 days after the community legislative body adopts, under Section 17C-3-106,
509 an economic development project area plan, the agency shall:
510 (1) record with the recorder of the county in which the economic development project
511 area is located a document containing:
512 (a) a description of the land within the project area;
513 (b) a statement that the project area plan for the project area has been adopted; and
514 (c) the date of adoption;
515 (2) transmit a copy of the description of the land within the project area and an accurate
516 map or plat indicating the boundaries of the project area to the [
517
518 (3) for a project area plan that provides for the agency to receive tax increment,
519 transmit a copy of the description of the land within the project area, a copy of the community
520 legislative body ordinance adopting the project area plan, and a map or plat indicating the
521 boundaries of the project area to:
522 (a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
523 part of the project area is located;
524 (b) the officer or officers performing the function of auditor or assessor for each taxing
525 entity that does not use the county assessment roll or collect the taxing entity's taxes through
526 the county;
527 (c) the legislative body or governing board of each taxing entity;
528 (d) the State Tax Commission; and
529 (e) the State Board of Education.
530 Section 10. Section 17C-4-107 is amended to read:
531 17C-4-107. Agency required to transmit and record documents after adoption of
532 community development project area plan.
533 Within 30 days after the community legislative body adopts, under Section 17C-4-105,
534 a community development project area plan, the agency shall:
535 (1) record with the recorder of the county in which the project area is located a
536 document containing:
537 (a) a description of the land within the project area;
538 (b) a statement that the project area plan for the project area has been adopted; and
539 (c) the date of adoption;
540 (2) transmit a copy of the description of the land within the project area and an accurate
541 map or plat indicating the boundaries of the project area to the [
542
543 (3) for a project area plan that provides for the agency to receive tax increment,
544 transmit a copy of the description of the land within the project area, a copy of the community
545 legislative body ordinance adopting the project area plan, and a map or plat indicating the
546 boundaries of the project area to:
547 (a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
548 part of the project area is located;
549 (b) the officer or officers performing the function of auditor or assessor for each taxing
550 entity that does not use the county assessment roll or collect the taxing entity's taxes through
551 the county;
552 (c) the legislative body or governing board of each taxing entity;
553 (d) the State Tax Commission; and
554 (e) the State Board of Education.
555 Section 11. Section 17C-5-111 is amended to read:
556 17C-5-111. Agency required to transmit and record documentation after
557 adoption of community reinvestment project area plan.
558 Within 30 days after the day on which a community legislative body adopts a
559 community reinvestment project area plan under Section 17C-5-109, the agency shall:
560 (1) record with the recorder of the county in which the community reinvestment project
561 area is located a document containing:
562 (a) the name of the community reinvestment project area;
563 (b) a boundary description of the community reinvestment project area; and
564 (c) (i) a statement that the community legislative body adopted the community
565 reinvestment project area plan; and
566 (ii) the day on which the community legislative body adopted the community
567 reinvestment project area plan;
568 (2) transmit a copy of a description of the land within the community reinvestment
569 project area and an accurate map or plat indicating the boundaries of the community
570 reinvestment project area to the [
571 Resource Center created in Section 63F-1-506; and
572 (3) for a community reinvestment project area plan that provides for the agency to
573 receive tax increment, transmit a copy of a description of the land within the community
574 reinvestment project area, a copy of the community legislative body ordinance adopting the
575 community reinvestment project area plan, and an accurate map or plat indicating the
576 boundaries of the community reinvestment project area to:
577 (a) the auditor, recorder, county or district attorney, surveyor, and assessor of each
578 county in which any part of the community reinvestment project area is located;
579 (b) the officer or officers performing the function of auditor or assessor for each taxing
580 entity that does not use the county assessment roll or collect the taxing entity's taxes through
581 the county;
582 (c) the legislative body or governing board of each taxing entity;
583 (d) the State Tax Commission; and
584 (e) the State Board of Education.
585 Section 12. Section 20A-5-303 is amended to read:
586 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
587 Common polling places -- Combined voting precincts.
588 (1) (a) After receiving recommendations from the county clerk, the county legislative
589 body may establish, divide, abolish, and change voting precincts.
590 (b) Within 30 days after the establishment, division, abolition, or change of a voting
591 precinct under this section, the county legislative body shall file with the [
592
593 63F-1-506, a notice describing the action taken and specifying the resulting boundaries of each
594 voting precinct affected by the action.
595 (2) (a) The county legislative body shall alter or divide voting precincts so that each
596 voting precinct contains not more than 1,250 active voters.
597 (b) The county legislative body shall:
598 (i) identify those precincts that may reach the limit of active voters in a precinct under
599 Subsection (2)(a) or that becomes too large to facilitate the election process; and
600 (ii) except as provided by Subsection (3), divide those precincts on or before January 1
601 of a general election year.
602 (3) A county legislative body shall divide a precinct identified under Subsection
603 (2)(b)(i) on or before January 31 of a regular general election year that immediately follows the
604 calendar year in which the Legislature divides the state into districts in accordance with Utah
605 Constitution, Article IX, Section 1.
606 (4) Notwithstanding Subsection (2)(a) and except as provided by Subsection (5), the
607 county legislative body may not:
608 (a) establish or abolish any voting precinct after January 1 of a regular general election
609 year;
610 (b) alter or change the boundaries of any voting precinct after January 1 of a regular
611 general election year; or
612 (c) establish, divide, abolish, alter, or change a voting precinct between January 1 of a
613 year immediately preceding the year in which an enumeration is required by the United States
614 Constitution and the day on which the Legislature divides the state into districts in accordance
615 with Utah Constitution, Article IX, Section 1.
616 (5) A county legislative body may establish, divide, abolish, alter, or change a voting
617 precinct on or before January 31 of a regular general election year that immediately follows the
618 calendar year in which the Legislature divides the state into districts in accordance with Utah
619 Constitution, Article IX, Section 1.
620 (6) (a) For the purpose of voting in an election, the county legislative body may
621 establish a common polling place for two or more whole voting precincts.
622 (b) At least 90 days before the election, the county legislative body shall designate:
623 (i) the voting precincts that will vote at the common polling place; and
624 (ii) the location of the common polling place.
625 (c) A county may use one set of election judges for the common polling place under
626 this Subsection (6).
627 (7) Each county shall have at least two polling places open for voting on the date of the
628 election.
629 (8) Each common polling place shall have at least one voting device that is accessible
630 for individuals with disabilities in accordance with Public Law 107-252, the Help America
631 Vote Act of 2002.
632 Section 13. Section 20A-13-102.2 is amended to read:
633 20A-13-102.2. County clerk, Utah Geospatial Resource Center, and lieutenant
634 governor responsibilities -- Maps and voting precinct boundaries.
635 (1) Each county clerk shall obtain a copy of the Congressional shapefile for the clerk's
636 county from the lieutenant governor's office.
637 (2) (a) A county clerk may create one or more county maps that identify the boundaries
638 of Utah's Congressional districts as generated from the Congressional shapefile.
639 (b) Before publishing or distributing any map or data created by the county clerk that
640 identifies the boundaries of Utah's Congressional districts within the county, the county clerk
641 shall submit the county map and data to the lieutenant governor and to the [
642
643 (c) Within 30 days after receipt of a county map and data from a county clerk, the
644 [
645 (i) review the county map and data to evaluate if the county map and data accurately
646 reflect the boundaries of Utah's Congressional districts established by the Legislature in the
647 Congressional shapefile;
648 (ii) determine whether the county map and data are correct or incorrect; and
649 (iii) communicate those findings to the lieutenant governor.
650 (d) The lieutenant governor shall either notify the county clerk that the county map and
651 data are correct or notify the county clerk that the county map and data are incorrect.
652 (e) If the county clerk receives notice from the lieutenant governor that the county map
653 and data submitted are incorrect, the county clerk shall:
654 (i) make the corrections necessary to conform the county map and data to the
655 Congressional shapefile; and
656 (ii) resubmit the corrected county map and data to the lieutenant governor and to the
657 [
658 under this Subsection (2).
659 (3) (a) Subject to the requirements of this Subsection (3), each county clerk shall
660 establish voting precincts and polling places within each Utah Congressional district according
661 to the procedures and requirements of Section 20A-5-303.
662 (b) Within five working days after approval of voting precincts and polling places by
663 the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
664 voting precinct map identifying the boundaries of each voting precinct within the county to the
665 lieutenant governor and to the [
666 Resource Center for review.
667 (c) Within 30 days after receipt of a map from a county clerk, the [
668
669 (i) review the voting precinct map to evaluate if the voting precinct map accurately
670 reflects the boundaries of Utah's Congressional districts established by the Legislature in the
671 Congressional shapefile;
672 (ii) determine whether the voting precinct map is correct or incorrect; and
673 (iii) communicate those findings to the lieutenant governor.
674 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
675 map is correct or notify the county clerk that the map is incorrect.
676 (e) If the county clerk receives notice from the lieutenant governor that the voting
677 precinct map is incorrect, the county clerk shall:
678 (i) make the corrections necessary to conform the voting precinct map to the
679 Congressional shapefile; and
680 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
681 [
682 under this Subsection (3).
683 Section 14. Section 20A-13-104 is amended to read:
684 20A-13-104. Uncertain boundaries -- How resolved.
685 (1) As used in this section, "affected party" means:
686 (a) a representative whose Congressional district boundary is uncertain because the
687 boundary in the Congressional shapefile used to establish the district boundary has been
688 removed, modified, or is unable to be identified or who is uncertain about whether [
689 representative or another [
690 (b) a candidate for Congressional representative whose Congressional district boundary
691 is uncertain because the boundary in the Congressional shapefile used to establish the district
692 boundary has been removed, modified, or is unable to be identified or who is uncertain about
693 whether [
694 Congressional district; or
695 (c) [
696 contains the [
697 shapefile used to establish the district boundary has been removed, modified, or is unable to be
698 identified.
699 (2) (a) An affected party may file a written request petitioning the lieutenant governor
700 to determine:
701 (i) the precise location of the Congressional district boundary;
702 (ii) the number of the Congressional district in which [
703 or
704 (iii) both Subsections (2)(a)(i) and (ii).
705 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
706 governor shall review the Congressional shapefile and obtain and review other relevant data
707 such as aerial photographs, aerial maps, or other data about the area.
708 (c) Within five days of receipt of the request, the lieutenant governor shall review the
709 Congressional shapefile, obtain and review any relevant data, and make a determination.
710 (d) When the lieutenant governor determines the location of the Congressional district
711 boundary, the lieutenant governor shall:
712 (i) prepare a certification identifying the appropriate boundary and attaching a map, if
713 necessary; and
714 (ii) send a copy of the certification to:
715 (A) the affected party;
716 (B) the county clerk of the affected county; and
717 (C) the [
718 created under Section 63F-1-506.
719 (e) If the lieutenant governor determines the number of the Congressional district in
720 which a particular [
721 identifying that district by number to:
722 (i) the [
723 (ii) the affected party who filed the petition, if different than the [
724 whose Congressional district number was identified; and
725 (iii) the county clerk of the affected county.
726 Section 15. Section 20A-14-102.2 is amended to read:
727 20A-14-102.2. Uncertain boundaries -- How resolved.
728 (1) As used in this section:
729 (a) "Affected party" means:
730 (i) a state school board member whose State Board of Education district boundary is
731 uncertain because the feature used to establish the district boundary in the Board shapefile has
732 been removed, modified, or is unable to be identified or who is uncertain about whether [
733
734 district;
735 (ii) a candidate for state school board whose State Board of Education district
736 boundary is uncertain because the feature used to establish the district boundary in the Board
737 shapefile has been removed, modified, or is unable to be identified or who is uncertain about
738 whether [
739 of Education district; or
740 (iii) [
741 district contains the [
742 district boundary in the Board shapefile has been removed, modified, or is unable to be
743 identified.
744 (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
745 political subdivision boundary that is used to establish a State Board of Education district
746 boundary.
747 (2) (a) An affected party may file a written request petitioning the lieutenant governor
748 to determine:
749 (i) the precise location of the State Board of Education district boundary;
750 (ii) the number of the State Board of Education district in which [
751 individual resides; or
752 (iii) both Subsections (2)(a)(i) and (ii).
753 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
754 governor shall review:
755 (i) the Board shapefile; and
756 (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
757 area.
758 (c) Within five days of receipt of the request, the lieutenant governor shall:
759 (i) review the Board block shapefile;
760 (ii) review any relevant data; and
761 (iii) make a determination.
762 (d) If the lieutenant governor determines the precise location of the State Board of
763 Education district boundary, the lieutenant governor shall:
764 (i) prepare a certification identifying the appropriate State Board of Education district
765 boundary and attaching a map, if necessary; and
766 (ii) send a copy of the certification to:
767 (A) the affected party;
768 (B) the county clerk of the affected county; and
769 (C) the [
770 created under Section 63F-1-506.
771 (e) If the lieutenant governor determines the number of the State Board of Education
772 district in which a particular [
773 letter identifying that district by number to:
774 (i) the [
775 (ii) the affected party who filed the petition, if different than the [
776 whose State Board of Education district number was identified; and
777 (iii) the county clerk of the affected county.
778 Section 16. Section 20A-14-102.3 is amended to read:
779 20A-14-102.3. County clerk, Utah Geospatial Resource Center, and lieutenant
780 governor responsibilities -- Maps and voting precinct boundaries.
781 (1) As used in this section, "redistricting boundary data" means the Board shapefile.
782 (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
783 clerk's county from the lieutenant governor's office.
784 (3) (a) A county clerk may create one or more county maps that identify the boundaries
785 of State Board of Education districts as generated from the redistricting boundary data.
786 (b) Before publishing or distributing any map or data created by the county clerk that
787 identifies the boundaries of State Board of Education districts within the county, the clerk shall
788 submit the county map and data to the lieutenant governor and to the [
789
790 (c) Within 30 days after receipt of a county map and data from a county clerk, the
791 [
792 (i) review the county map and data to evaluate if the county map and data accurately
793 reflect the boundaries of State Board of Education districts established by the Legislature in the
794 redistricting boundary data;
795 (ii) determine whether the county map and data are correct or incorrect; and
796 (iii) communicate those findings to the lieutenant governor.
797 (d) The lieutenant governor shall either notify the county clerk that the county map and
798 data are correct or inform the county clerk that the county map and data are incorrect.
799 (e) If the county clerk receives notice from the lieutenant governor that the county map
800 and data submitted are incorrect, the county clerk shall:
801 (i) make the corrections necessary to conform the county map and data to the
802 redistricting boundary data; and
803 (ii) resubmit the corrected county map and data to the lieutenant governor for a new
804 review under this Subsection (3).
805 (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
806 establish voting precincts and polling places within each State Board of Education district
807 according to the procedures and requirements of Section 20A-5-303.
808 (b) Within five working days after approval of voting precincts and polling places by
809 the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
810 voting precinct map identifying the boundaries of each voting precinct within the county to the
811 lieutenant governor and to the [
812 Resource Center for review.
813 (c) Within 30 days after receipt of a voting precinct map from a county clerk, the
814 [
815 (i) review the voting precinct map to evaluate if the voting precinct map accurately
816 reflects the boundaries of State Board of Education districts established by the Legislature in
817 the redistricting boundary data;
818 (ii) determine whether the voting precinct map is correct or incorrect; and
819 (iii) communicate those findings to the lieutenant governor.
820 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
821 map is correct or notify the county clerk that the voting precinct map is incorrect.
822 (e) If the county clerk receives notice from the lieutenant governor that the voting
823 precinct map is incorrect, the county clerk shall:
824 (i) make the corrections necessary to conform the voting precinct map to the
825 redistricting boundary data; and
826 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
827 [
828 under this Subsection (4).
829 Section 17. Section 20A-14-201 is amended to read:
830 20A-14-201. Boards of education -- School board districts -- Creation --
831 Reapportionment.
832 (1) (a) The county legislative body, for local school districts whose boundaries
833 encompass more than a single municipality, and the municipal legislative body, for school
834 districts contained completely within a municipality, shall divide the local school district into
835 local school board districts as required under Subsection 20A-14-202(1)(a).
836 (b) The county and municipal legislative bodies shall divide the school district so that
837 the local school board districts are substantially equal in population and are as contiguous and
838 compact as practicable.
839 (2) (a) County and municipal legislative bodies shall reapportion district boundaries to
840 meet the population, compactness, and contiguity requirements of this section:
841 (i) at least once every 10 years;
842 (ii) if a new district is created:
843 (A) within 45 days after the canvass of an election at which voters approve the creation
844 of a new district; and
845 (B) at least 60 days before the candidate filing deadline for a school board election;
846 (iii) whenever districts are consolidated;
847 (iv) whenever a district loses more than 20% of the population of the entire school
848 district to another district;
849 (v) whenever a district loses more than 50% of the population of a local school board
850 district to another district;
851 (vi) whenever a district receives new residents equal to at least 20% of the population
852 of the district at the time of the last reapportionment because of a transfer of territory from
853 another district; and
854 (vii) whenever it is necessary to increase the membership of a board from five to seven
855 members as a result of changes in student membership under Section 20A-14-202.
856 (b) If a school district receives territory containing less than 20% of the population of
857 the transferee district at the time of the last reapportionment, the local school board may assign
858 the new territory to one or more existing school board districts.
859 (3) (a) Reapportionment does not affect the right of any school board member to
860 complete the term for which the member was elected.
861 (b) (i) After reapportionment, representation in a local school board district shall be
862 determined as provided in this Subsection (3).
863 (ii) If only one board member whose term extends beyond reapportionment lives
864 within a reapportioned local school board district, that board member shall represent that local
865 school board district.
866 (iii) (A) If two or more members whose terms extend beyond reapportionment live
867 within a reapportioned local school board district, the members involved shall select one
868 member by lot to represent the local school board district.
869 (B) The other members shall serve at-large for the remainder of their terms.
870 (C) The at-large board members shall serve in addition to the designated number of
871 board members for the board in question for the remainder of their terms.
872 (iv) If there is no board member living within a local school board district whose term
873 extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in
874 this part.
875 (4) (a) If, before an election affected by reapportionment, the county or municipal
876 legislative body that conducted the reapportionment determines that one or more members
877 shall be elected to terms of two years to meet this part's requirements for staggered terms, the
878 legislative body shall determine by lot which of the reapportioned local school board districts
879 will elect members to two-year terms and which will elect members to four-year terms.
880 (b) All subsequent elections are for four-year terms.
881 (5) Within 10 days after any local school board district boundary change, the county or
882 municipal legislative body making the change shall send an accurate map or plat of the
883 boundary change to the [
884 Center created under Section 63F-1-506.
885 Section 18. Section 36-1-103.2 is amended to read:
886 36-1-103.2. County clerk, Utah Geospatial Resource Center, and lieutenant
887 governor responsibilities -- Maps and voting precinct boundaries.
888 (1) As used in this section, "redistricting boundary data" means the Senate shapefile.
889 (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
890 clerk's county from the lieutenant governor's office.
891 (3) (a) A county clerk may create one or more county maps that identify the boundaries
892 of Senate districts as generated from the redistricting boundary data.
893 (b) Before publishing or distributing any map or data created by the county clerk that
894 identifies the boundaries of Senate districts within the county, the clerk shall submit the county
895 map and data to the lieutenant governor and to the [
896 Utah Geospatial Resource Center for review.
897 (c) Within 30 days after receipt of a county map and data from a county clerk, the
898 [
899 (i) review the county map and data to evaluate if the county map and data accurately
900 reflect the boundaries of Senate districts established by the Legislature in the redistricting
901 boundary data;
902 (ii) determine whether the county map and data are correct or incorrect; and
903 (iii) communicate those findings to the lieutenant governor.
904 (d) The lieutenant governor shall either notify the county clerk that the county map and
905 data are correct or notify the county clerk that the county map and data are incorrect.
906 (e) If the county clerk receives notice from the lieutenant governor that the county map
907 and data submitted are incorrect, the county clerk shall:
908 (i) make the corrections necessary to conform the county map and data to the
909 redistricting boundary data; and
910 (ii) resubmit the corrected county map and data to the lieutenant governor and to the
911 [
912 under this Subsection (3).
913 (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
914 establish voting precincts and polling places within each Senate district according to the
915 procedures and requirements of Section 20A-5-303.
916 (b) Within five working days after approval of voting precincts and polling places by
917 the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
918 voting precinct map identifying the boundaries of each voting precinct within the county to the
919 lieutenant governor and to the [
920 Resource Center for review.
921 (c) Within 30 days after receipt of a voting precinct map from a county clerk, the
922 [
923 (i) review the voting precinct map to evaluate if the voting precinct map accurately
924 reflects the boundaries of Senate districts established by the Legislature in the redistricting
925 boundary data;
926 (ii) determine whether the voting precinct map is correct or incorrect; and
927 (iii) communicate those findings to the lieutenant governor.
928 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
929 map is correct or notify the county clerk that the map is incorrect.
930 (e) If the county clerk receives notice from the lieutenant governor that the voting
931 precinct map is incorrect, the county clerk shall:
932 (i) make the corrections necessary to conform the voting precinct map to the
933 redistricting boundary data; and
934 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
935 [
936 under this Subsection (4).
937 Section 19. Section 36-1-105 is amended to read:
938 36-1-105. Uncertain boundaries -- How resolved.
939 (1) As used in this section:
940 (a) "Affected party" means:
941 (i) a senator whose Utah State Senate district boundary is uncertain because the feature
942 used to establish the district boundary in the Senate shapefile has been removed, modified, or is
943 unable to be identified or who is uncertain about whether [
944 [
945 (ii) a candidate for senator whose Senate district boundary is uncertain because the
946 feature used to establish the district boundary in the Senate shapefile has been removed,
947 modified, or is unable to be identified or who is uncertain about whether [
948 or another [
949 (iii) [
950 [
951 the Senate shapefile has been removed, modified, or is unable to be identified.
952 (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
953 political subdivision boundary that is used to establish a Senate district boundary.
954 (2) (a) An affected party may file a written request petitioning the lieutenant governor
955 to determine:
956 (i) the precise location of the Senate district boundary;
957 (ii) the number of the Senate district in which [
958 (iii) both Subsections (2)(a)(i) and (ii).
959 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
960 governor shall review:
961 (i) the Senate shapefile; and
962 (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
963 area.
964 (c) Within five days of receipt of the request, the lieutenant governor shall:
965 (i) review the Senate shapefile;
966 (ii) review any relevant data; and
967 (iii) make a determination.
968 (d) When the lieutenant governor determines the location of the Senate district
969 boundary, the lieutenant governor shall:
970 (i) prepare a certification identifying the appropriate Senate district boundary and
971 attaching a map, if necessary; and
972 (ii) send a copy of the certification to:
973 (A) the affected party;
974 (B) the county clerk of the affected county; and
975 (C) the [
976 created under Section 63F-1-506.
977 (e) If the lieutenant governor determines the number of the Senate district in which a
978 particular [
979 district by number to:
980 (i) the [
981 (ii) the affected party who filed the petition, if different than the [
982 whose Senate district number was identified; and
983 (iii) the county clerk of the affected county.
984 Section 20. Section 36-1-202.2 is amended to read:
985 36-1-202.2. County clerk, Utah Geospatial Resource Center, and lieutenant
986 governor responsibilities -- Maps and voting precinct boundaries.
987 (1) As used in this section, "redistricting boundary data" means the House shapefile.
988 (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
989 clerk's county from the lieutenant governor's office.
990 (3) (a) A county clerk may create one or more county maps that identify the boundaries
991 of House districts as generated from the redistricting boundary data.
992 (b) Before publishing or distributing any map or data created by the county clerk that
993 identifies the boundaries of House districts within the county, the clerk shall submit the county
994 map and data to the lieutenant governor and to the [
995 Utah Geospatial Resource Center for review.
996 (c) Within 30 days after receipt of a county map and data from a county clerk, the
997 [
998 (i) review the county map and data to evaluate if the county map and data accurately
999 reflect the boundaries of House districts established by the Legislature in the redistricting
1000 boundary data;
1001 (ii) determine whether the county map and data are correct or incorrect; and
1002 (iii) communicate those findings to the lieutenant governor.
1003 (d) The lieutenant governor shall either notify the county clerk that the county map and
1004 data are correct or notify the county clerk that the county map and data are incorrect.
1005 (e) If the county clerk receives notice from the lieutenant governor that the county map
1006 and data submitted are incorrect, the county clerk shall:
1007 (i) make the corrections necessary to conform the county map and data to the
1008 redistricting boundary data; and
1009 (ii) resubmit the corrected county map and data to the lieutenant governor and to the
1010 [
1011 under this Subsection (3).
1012 (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
1013 establish voting precincts and polling places within each House district according to the
1014 procedures and requirements of Section 20A-5-303.
1015 (b) Within five working days after approval of voting precincts and polling places by
1016 the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
1017 voting precinct map identifying the boundaries of each voting precinct within the county to the
1018 lieutenant governor and to the [
1019 Resource Center for review.
1020 (c) Within 30 days after receipt of a voting precinct map from a county clerk, the
1021 [
1022 (i) review the voting precinct map to evaluate if the county map accurately reflects the
1023 boundaries of House districts established by the Legislature in the redistricting boundary data;
1024 (ii) determine whether the voting precinct map is correct or incorrect; and
1025 (iii) communicate those findings to the lieutenant governor.
1026 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
1027 map is correct or notify the county clerk that the voting precinct map is incorrect.
1028 (e) If the county clerk receives notice from the lieutenant governor that the voting
1029 precinct map is incorrect, the county clerk shall:
1030 (i) make the corrections necessary to conform the voting precinct map to the
1031 redistricting boundary data; and
1032 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
1033 [
1034 under this Subsection (4).
1035 Section 21. Section 36-1-204 is amended to read:
1036 36-1-204. Uncertain boundaries -- How resolved.
1037 (1) As used in this section:
1038 (a) "Affected party" means:
1039 (i) a representative whose Utah House of Representatives district boundary is uncertain
1040 because the feature used to establish the district boundary in the House shapefile has been
1041 removed, modified, or is unable to be identified or who is uncertain about whether [
1042 representative or another [
1043 (ii) a candidate for representative whose House district boundary is uncertain because
1044 the feature used to establish the district boundary in the House shapefile has been removed,
1045 modified, or is unable to be identified or who is uncertain about whether [
1046 or another [
1047 (iii) [
1048 [
1049 the House shapefile has been removed, modified, or is unable to be identified.
1050 (b) "Feature" means a geographic or other identifiable tangible or intangible object
1051 such as a road or political subdivision boundary that is used to establish a House district
1052 boundary.
1053 (2) (a) An affected party may file a written request petitioning the lieutenant governor
1054 to determine:
1055 (i) the precise location of the House district boundary;
1056 (ii) the number of the House district in which [
1057 (iii) both Subsections (2)(a)(i) and (ii).
1058 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
1059 governor shall review:
1060 (i) the House shapefile; and
1061 (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
1062 area.
1063 (c) Within five days of receipt of the request, the lieutenant governor shall:
1064 (i) review the House shapefile;
1065 (ii) review any relevant data; and
1066 (iii) make a determination.
1067 (d) When the lieutenant governor determines the location of the House district
1068 boundary, the lieutenant governor shall:
1069 (i) prepare a certification identifying the appropriate House district boundary and
1070 attaching a map, if necessary; and
1071 (ii) send a copy of the certification to:
1072 (A) the affected party;
1073 (B) the county clerk of the affected county; and
1074 (C) the [
1075 created under Section 63F-1-506.
1076 (e) If the lieutenant governor determines the number of the House district in which a
1077 particular [
1078 district by number to:
1079 (i) the [
1080 (ii) the affected party who filed the petition, if different than the [
1081 whose House district number was identified; and
1082 (iii) the county clerk of the affected county.
1083 Section 22. Section 53G-3-204 is amended to read:
1084 53G-3-204. Notice before preparing or amending a long-range plan or acquiring
1085 certain property.
1086 (1) As used in this section:
1087 (a) "Affected entity" means each county, municipality, local district under Title 17B,
1088 Limited Purpose Local Government Entities - Local Districts, special service district under
1089 Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
1090 under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
1091 (i) whose services or facilities are likely to require expansion or significant
1092 modification because of an intended use of land; or
1093 (ii) that has filed with the school district a copy of the general or long-range plan of the
1094 county, municipality, local district, special service district, school district, interlocal
1095 cooperation entity, or specified public utility.
1096 (b) "Specified public utility" means an electrical corporation, gas corporation, or
1097 telephone corporation, as those terms are defined in Section 54-2-1.
1098 (2) (a) If a school district located in a county of the first or second class prepares a
1099 long-range plan regarding [
1100 an already existing long-range plan, the school district shall, before preparing a long-range plan
1101 or amendments to an existing long-range plan, provide written notice, as provided in this
1102 section, of [
1103 long-range plan.
1104 (b) Each notice under Subsection (2)(a) shall:
1105 (i) indicate that the school district intends to prepare a long-range plan or to amend a
1106 long-range plan, as the case may be;
1107 (ii) describe or provide a map of the geographic area that will be affected by the
1108 long-range plan or amendments to a long-range plan;
1109 (iii) be:
1110 (A) sent to each county in whose unincorporated area and each municipality in whose
1111 boundaries is located the land on which the proposed long-range plan or amendments to a
1112 long-range plan are expected to indicate that the proposed facilities will be located;
1113 (B) sent to each affected entity;
1114 (C) sent to the [
1115 Center created in Section 63F-1-506;
1116 (D) sent to each association of governments, established pursuant to an interlocal
1117 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
1118 municipality described in Subsection (2)(b)(iii)(A) is a member; and
1119 (E) placed on the Utah Public Notice Website created under Section 63F-1-701;
1120 (iv) with respect to the notice to counties and municipalities described in Subsection
1121 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
1122 consider in the process of preparing, adopting, and implementing the long-range plan or
1123 amendments to a long-range plan concerning:
1124 (A) impacts that the use of land proposed in the proposed long-range plan or
1125 amendments to a long-range plan may have on the county, municipality, or affected entity; and
1126 (B) uses of land that the county, municipality, or affected entity is planning or
1127 considering that may conflict with the proposed long-range plan or amendments to a long-range
1128 plan; and
1129 (v) include the address of an Internet website, if the school district has one, and the
1130 name and telephone number of [
1131 obtained concerning the school district's proposed long-range plan or amendments to a
1132 long-range plan.
1133 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
1134 acquire real property in a county of the first or second class for the purpose of expanding the
1135 district's infrastructure or other facilities shall provide written notice, as provided in this
1136 Subsection (3), of [
1137 the property is contrary to:
1138 (i) the anticipated use of the property under the county or municipality's general plan;
1139 or
1140 (ii) the property's current zoning designation.
1141 (b) Each notice under Subsection (3)(a) shall:
1142 (i) indicate that the school district intends to acquire real property;
1143 (ii) identify the real property; and
1144 (iii) be sent to:
1145 (A) each county in whose unincorporated area and each municipality in whose
1146 boundaries the property is located; and
1147 (B) each affected entity.
1148 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
1149 63G-2-305(8).
1150 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
1151 previously provided notice under Subsection (2) identifying the general location within the
1152 municipality or unincorporated part of the county where the property to be acquired is located.
1153 (ii) If a school district is not required to comply with the notice requirement of
1154 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
1155 provide the notice specified in Subsection (3)(a) as soon as practicable after [
1156 district's acquisition of the real property.
1157 Section 23. Section 54-3-28 is amended to read:
1158 54-3-28. Notice required of certain public utilities before preparing or amending
1159 a long-range plan or acquiring certain property.
1160 (1) As used in this section:
1161 (a) (i) "Affected entity" means each county, municipality, local district under Title 17B,
1162 Limited Purpose Local Government Entities - Local Districts, special service district, school
1163 district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
1164 Cooperation Act, and specified public utility:
1165 (A) whose services or facilities are likely to require expansion or significant
1166 modification because of expected uses of land under a proposed long-range plan or under
1167 proposed amendments to a long-range plan; or
1168 (B) that has filed with the specified public utility a copy of the general or long-range
1169 plan of the county, municipality, local district, special service district, school district, interlocal
1170 cooperation entity, or specified public utility.
1171 (ii) "Affected entity" does not include the specified public utility that is required under
1172 Subsection (2) to provide notice.
1173 (b) "Specified public utility" means an electrical corporation, gas corporation, or
1174 telephone corporation, as those terms are defined in Section 54-2-1.
1175 (2) (a) If a specified public utility prepares a long-range plan regarding [
1176 specified public utility's facilities proposed for the future in a county of the first or second class
1177 or amends an already existing long-range plan, the specified public utility shall, before
1178 preparing a long-range plan or amendments to an existing long-range plan, provide written
1179 notice, as provided in this section, of [
1180 long-range plan or to amend an existing long-range plan.
1181 (b) Each notice under Subsection (2) shall:
1182 (i) indicate that the specified public utility intends to prepare a long-range plan or to
1183 amend a long-range plan, as the case may be;
1184 (ii) describe or provide a map of the geographic area that will be affected by the
1185 long-range plan or amendments to a long-range plan;
1186 (iii) be sent to:
1187 (A) each county in whose unincorporated area and each municipality in whose
1188 boundaries is located the land on which the proposed long-range plan or amendments to a
1189 long-range plan are expected to indicate that the proposed facilities will be located;
1190 (B) each affected entity;
1191 (C) the [
1192 created in Section 63F-1-506;
1193 (D) each association of governments, established pursuant to an interlocal agreement
1194 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
1195 described in Subsection (2)(b)(iii)(A) is a member; and
1196 (E) the state planning coordinator appointed under Section 63J-4-202;
1197 (iv) with respect to the notice to counties and municipalities described in Subsection
1198 (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
1199 utility to consider in the process of preparing, adopting, and implementing the long-range plan
1200 or amendments to a long-range plan concerning:
1201 (A) impacts that the use of land proposed in the proposed long-range plan or
1202 amendments to a long-range plan may have on the county, municipality, or affected entity; and
1203 (B) uses of land that the county, municipality, or affected entity is planning or
1204 considering that may conflict with the proposed long-range plan or amendments to a long-range
1205 plan; and
1206 (v) include the address of an Internet website, if the specified public utility has one, and
1207 the name and telephone number of [
1208 obtained concerning the specified public utility's proposed long-range plan or amendments to a
1209 long-range plan.
1210 (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
1211 to acquire real property in a county of the first or second class for the purpose of expanding
1212 [
1213 that the specified public utility is authorized to provide shall provide written notice, as
1214 provided in this Subsection (3), of [
1215 property if the intended use of the property is contrary to:
1216 (i) the anticipated use of the property under the county or municipality's general plan;
1217 or
1218 (ii) the property's current zoning designation.
1219 (b) Each notice under Subsection (3)(a) shall:
1220 (i) indicate that the specified public utility intends to acquire real property;
1221 (ii) identify the real property; and
1222 (iii) be sent to:
1223 (A) each county in whose unincorporated area and each municipality in whose
1224 boundaries the property is located; and
1225 (B) each affected entity.
1226 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
1227 63G-2-305(8).
1228 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
1229 public utility previously provided notice under Subsection (2) identifying the general location
1230 within the municipality or unincorporated part of the county where the property to be acquired
1231 is located.
1232 (ii) If a specified public utility is not required to comply with the notice requirement of
1233 Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
1234 shall provide the notice specified in Subsection (3)(a) as soon as practicable after [
1235 specified public utility's acquisition of the real property.
1236 Section 24. Section 63F-1-502 is amended to read:
1237 63F-1-502. Definitions.
1238 As used in this part:
1239 (1) "Center" means the [
1240 Resource Center created in Section 63F-1-506.
1241 (2) "Database" means the State Geographic Information Database created in Section
1242 63F-1-507.
1243 (3) "Geographic Information System" or "GIS" means a computer driven data
1244 integration and map production system that interrelates disparate layers of data to specific
1245 geographic locations.
1246 (4) "State Geographic Information Database" means the database created in Section
1247 63F-1-507.
1248 (5) "Statewide Global Positioning Reference Network" or "network" means the
1249 network created in Section 63F-1-509.
1250 Section 25. Section 63F-1-506 is amended to read:
1251 63F-1-506. Utah Geospatial Resource Center.
1252 (1) There is created the [
1253 Resource Center as part of the division.
1254 (2) The center shall:
1255 (a) provide geographic information system services to state agencies under rules
1256 adopted in accordance with Section 63F-1-504 and policies established by the division;
1257 (b) provide geographic information system services to federal government, local
1258 political subdivisions, and private persons under rules and policies established by the division;
1259 (c) manage the State Geographic Information Database; and
1260 (d) establish standard format, lineage, and other requirements for the database.
1261 (3) (a) There is created a position of surveyor within the center.
1262 (b) The surveyor under this Subsection (3) shall:
1263 (i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
1264 Engineers and Professional Land Surveyors Licensing Act;
1265 (ii) provide technical support to the office of lieutenant governor in the lieutenant
1266 governor's evaluation under Section 67-1a-6.5 of a proposed boundary action, as defined in
1267 Section 17-23-20;
1268 (iii) as requested by a county surveyor, provide technical assistance to the county
1269 surveyor with respect to the county surveyor's responsibilities under Section 17-23-20;
1270 (iv) fulfill the duties described in Section 17-50-105, if engaged to do so as provided in
1271 that section;
1272 (v) assist the State Tax Commission in processing and quality assurance of boundary
1273 descriptions or maps into digital format for inclusion in the State Geographic Information
1274 Database;
1275 (vi) coordinate with county recorders and surveyors to create a statewide parcel layer in
1276 the State Geographic Information Database containing parcel boundary, parcel identifier, parcel
1277 address, owner type, and county recorder contact information; and
1278 (vii) facilitate and integrate the collection efforts of local government and federal
1279 agencies for data collection to densify and enhance the statewide Public Land Survey System
1280 reference network in the State Geographic Information Database.
1281 (4) The division may:
1282 (a) make rules and establish policies to govern the center and [
1283 operations; and
1284 (b) set fees for the services provided by the center.
1285 (5) The state may not sell information obtained from counties under Subsection
1286 (3)(b)(v).
1287 Section 26. Section 63F-1-508 is amended to read:
1288 63F-1-508. Committee to award grants to counties for inventory and mapping of
1289 R.S. 2477 rights-of-way -- Use of grants -- Request for proposals.
1290 (1) There is created within the center a committee to award grants to counties to
1291 inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
1292 provided by Subsection (5).
1293 (2) (a) The committee shall consist of:
1294 (i) the center manager;
1295 (ii) a representative of the Governor's Office of Management and Budget;
1296 (iii) a representative of Utah State University Extension;
1297 (iv) a representative of the Utah Association of Counties; and
1298 (v) three county commissioners.
1299 (b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
1300 be selected by the organizations they represent.
1301 (c) The committee members specified in Subsection (2)(a)(v) shall be:
1302 (i) selected by the Utah Association of Counties;
1303 (ii) from rural counties; and
1304 (iii) from different regions of the state.
1305 (3) (a) The committee shall select a chair from [
1306 (b) The committee shall meet upon the call of the chair or a majority of the committee
1307 members.
1308 (c) Four members shall constitute a quorum.
1309 (4) (a) Committee members who are state government employees shall receive no
1310 additional compensation for their work on the committee.
1311 (b) Committee members who are not state government employees shall receive no
1312 compensation or expenses from the state for their work on the committee.
1313 (5) (a) The committee shall award grants to counties to:
1314 (i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
1315 technology; and
1316 (ii) photograph:
1317 (A) roads and other evidence of construction of R.S. 2477 rights-of-way;
1318 (B) structures or natural features that may be indicative of the purpose for which an
1319 R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational facilities,
1320 or scenic overlooks; and
1321 (C) evidence of valid and existing rights on federal lands, such as mines and
1322 agricultural facilities.
1323 (b) (i) The committee may allow counties, while they are conducting the activities
1324 described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
1325 natural or cultural resources.
1326 (ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
1327 programs underway by state agencies, counties, or institutions of higher education.
1328 (c) Maps and other data acquired through the grants shall become a part of the State
1329 Geographic Information Database.
1330 (d) Counties shall provide an opportunity to interested parties to submit information
1331 relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
1332 provided in Subsections (5)(a) and (5)(b).
1333 (6) (a) The committee shall develop a request for proposals process and issue a request
1334 for proposals.
1335 (b) The request for proposals shall require each grant applicant to submit an
1336 implementation plan and identify any monetary or in-kind contributions from the county.
1337 (c) In awarding grants, the committee shall give priority to proposals to inventory, map,
1338 and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
1339 which are located on federal lands that:
1340 (i) a federal land management agency proposes for special management, such as lands
1341 to be managed as an area of critical environmental concern or primitive area; or
1342 (ii) are proposed to receive a special designation by Congress, such as lands to be
1343 designated as wilderness or a national conservation area.
1344 (7) Each county that receives a grant under the provision of this section shall provide a
1345 copy of all data regarding inventory and mapping to the [
1346 Center for inclusion in the state database.
1347 Section 27. Section 63H-1-403 is amended to read:
1348 63H-1-403. Notice of project area plan adoption -- Effective date of plan --
1349 Contesting the formation of the plan.
1350 (1) Upon the board's adoption of a project area plan, the board shall provide notice as
1351 provided in Subsection (1)(b) by publishing or causing to be published legal notice:
1352 (a) in a newspaper of general circulation within or near the project area; and
1353 (b) as required by Section 45-1-101.
1354 (2) (a) Each notice under Subsection (1) shall include:
1355 (i) the board resolution adopting the project area plan or a summary of the resolution;
1356 and
1357 (ii) a statement that the project area plan is available for general public inspection and
1358 the hours for inspection.
1359 (b) The statement required under Subsection (2)(a)(ii) may be included in the board
1360 resolution or summary described in Subsection (2)(a)(i).
1361 (3) The project area plan becomes effective on the date designated in the board
1362 resolution adopting the project area plan.
1363 (4) The authority shall make the adopted project area plan available to the general
1364 public at [
1365 (5) Within 10 days after the day on which a project area plan is adopted that establishes
1366 a project area, or after an amendment to a project area plan is adopted under which the
1367 boundary of a project area is modified, the authority shall send notice of the establishment or
1368 modification of the project area and an accurate map or plat of the project area to:
1369 (a) the State Tax Commission;
1370 (b) the [
1371 created in Section 63F-1-506; and
1372 (c) the assessor and recorder of each county where the project area is located.
1373 (6) (a) A legal action or other challenge to a project area plan or a project area
1374 described in a project area plan is barred unless brought within 30 days after the effective date
1375 of the project area plan.
1376 (b) For a project area created before December 1, 2018, a legal action or other
1377 challenge is barred.
1378 (c) For a project area created after December 1, 2018, and before May 14, 2019, a legal
1379 action or other challenge is barred after July 1, 2019.
1380 Section 28. Section 63H-7a-304 is amended to read:
1381 63H-7a-304. Unified Statewide 911 Emergency Service Account -- Creation --
1382 Administration -- Permitted uses.
1383 (1) There is created a restricted account within the General Fund known as the "Unified
1384 Statewide 911 Emergency Service Account," consisting of:
1385 (a) proceeds from the fee imposed in Section 69-2-403;
1386 (b) money appropriated or otherwise made available by the Legislature; and
1387 (c) contributions of money, property, or equipment from federal agencies, political
1388 subdivisions of the state, persons, or corporations.
1389 (2) (a) Except as provided in Subsection (4) and subject to Subsection (3) and
1390 appropriations by the Legislature, the authority shall disburse funds in the 911 account for the
1391 purpose of enhancing and maintaining the statewide public safety communications network and
1392 911 call processing equipment in order to rapidly, efficiently, effectively, and with greater
1393 interoperability deliver 911 services in the state.
1394 (b) In expending funds in the 911 account, the authority shall give a higher priority to
1395 an expenditure that:
1396 (i) best promotes statewide public safety;
1397 (ii) best promotes interoperability;
1398 (iii) impacts the largest service territory;
1399 (iv) impacts a densely populated area; or
1400 (v) impacts an underserved area.
1401 (c) The authority shall expend funds in the 911 account in accordance with the
1402 authority strategic plan described in Section 63H-7a-206.
1403 (d) The authority may not expend funds from the 911 account collected through the
1404 911 emergency service charge imposed in Section 69-2-403 on behalf of a PSAP that chooses
1405 not to participate in the:
1406 (i) public safety communications network; and
1407 (ii) the 911 emergency service defined in Section 69-2-102.
1408 (e) The authority may not expend funds from the 911 account collected through the
1409 prepaid wireless 911 service charge revenue distributed in Subsection 69-2-405(9)(c) on behalf
1410 of a PSAP that chooses not to participate in the:
1411 (i) public safety communications network; and
1412 (ii) 911 emergency service defined in Section 69-2-102.
1413 (f) The executive director shall recommend to the board expenditures for the authority
1414 to make from the 911 account in accordance with this Subsection (2).
1415 (3) Subject to an appropriation by the Legislature and approval by the board , the
1416 Administrative Services Division may use funds in the 911 account to cover the Administrative
1417 Services Division's administrative costs related to the 911 account.
1418 (4) (a) The authority shall reimburse from the 911 account to the [
1419
1420 an amount equal to up to 1 cent of each unified statewide 911 emergency service charge
1421 deposited into the 911 account under Section 69-2-403.
1422 (b) The [
1423 shall use the funds reimbursed to the [
1424 Geospatial Resource Center under Subsection (4)(a) to:
1425 (i) enhance and upgrade digital mapping standards; and
1426 (ii) maintain a statewide geospatial database for unified statewide 911 emergency
1427 service.
1428 Section 29. Section 63N-3-501 is amended to read:
1429 63N-3-501. Infrastructure and broadband coordination.
1430 (1) The office shall partner with the [
1431 Geospatial Resource Center created in Section 63F-1-506 to collect and maintain a database
1432 and interactive map that displays economic development data statewide, including:
1433 (a) voluntarily submitted broadband availability, speeds, and other broadband data;
1434 (b) voluntarily submitted public utility data;
1435 (c) workforce data, including information regarding:
1436 (i) enterprise zones designated under Section 63N-2-206;
1437 (ii) business resource centers;
1438 (iii) public institutions of higher education; and
1439 (iv) procurement technical assistance centers;
1440 (d) transportation data, which may include information regarding railway routes,
1441 commuter rail routes, airport locations, and major highways;
1442 (e) lifestyle data, which may include information regarding state parks, national parks
1443 and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
1444 and
1445 (f) other relevant economic development data as determined by the office, including
1446 data provided by partner organizations.
1447 (2) The office may:
1448 (a) make recommendations to state and federal agencies, local governments, the
1449 governor, and the Legislature regarding policies and initiatives that promote the development
1450 of broadband-related infrastructure in the state and help implement those policies and
1451 initiatives;
1452 (b) facilitate coordination between broadband providers and public and private entities;
1453 (c) collect and analyze data on broadband availability and usage in the state, including
1454 Internet speed, capacity, the number of unique visitors, and the availability of broadband
1455 infrastructure throughout the state;
1456 (d) create a voluntary broadband advisory committee, which shall include broadband
1457 providers and other public and private stakeholders, to solicit input on broadband-related policy
1458 guidance, best practices, and adoption strategies;
1459 (e) work with broadband providers, state and local governments, and other public and
1460 private stakeholders to facilitate and encourage the expansion and maintenance of broadband
1461 infrastructure throughout the state; and
1462 (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
1463 Procedures Act, and in accordance with federal requirements:
1464 (i) apply for federal grants;
1465 (ii) participate in federal programs; and
1466 (iii) administer federally funded broadband-related programs.
1467 Section 30. Section 67-1a-2.2 is amended to read:
1468 67-1a-2.2. Residences in more than one district -- Lieutenant governor to resolve.
1469 (1) If, in reviewing a map generated from a redistricting block assignment file, the
1470 lieutenant governor determines that a single-family or multi-family residence is within more
1471 than one Congressional, Senate, House, or State Board of Education district, the lieutenant
1472 governor may, by January 31, 2012, and in consultation with the [
1473
1474 residence is assigned.
1475 (2) In order to make the determination required by Subsection (1), the lieutenant
1476 governor shall review the block assignment file and other Bureau of the Census data and obtain
1477 and review other relevant data such as aerial photography or other data about the area.
1478 (3) Upon making the determination authorized by this section, the lieutenant governor
1479 shall notify county clerks affected by the determination and the [
1480
1481 Section 31. Section 67-1a-6.5 is amended to read:
1482 67-1a-6.5. Certification of local entity boundary actions -- Definitions -- Notice
1483 requirements -- Electronic copies -- Filing.
1484 (1) As used in this section:
1485 (a) "Applicable certificate" means:
1486 (i) for the impending incorporation of a city, town, local district, conservation district,
1487 or incorporation of a local district from a reorganized special service district, a certificate of
1488 incorporation;
1489 (ii) for the impending creation of a county, school district, special service district,
1490 community reinvestment agency, or interlocal entity, a certificate of creation;
1491 (iii) for the impending annexation of territory to an existing local entity, a certificate of
1492 annexation;
1493 (iv) for the impending withdrawal or disconnection of territory from an existing local
1494 entity, a certificate of withdrawal or disconnection, respectively;
1495 (v) for the impending consolidation of multiple local entities, a certificate of
1496 consolidation;
1497 (vi) for the impending division of a local entity into multiple local entities, a certificate
1498 of division;
1499 (vii) for the impending adjustment of a common boundary between local entities, a
1500 certificate of boundary adjustment; and
1501 (viii) for the impending dissolution of a local entity, a certificate of dissolution.
1502 (b) "Approved final local entity plat" means a final local entity plat, as defined in
1503 Section 17-23-20, that has been approved under Section 17-23-20 as a final local entity plat by
1504 the county surveyor.
1505 (c) "Approving authority" has the same meaning as defined in Section 17-23-20.
1506 (d) "Boundary action" has the same meaning as defined in Section 17-23-20.
1507 (e) "Center" means the [
1508 Resource Center created under Section 63F-1-506.
1509 (f) "Community reinvestment agency" has the same meaning as defined in Section
1510 17C-1-102.
1511 (g) "Conservation district" has the same meaning as defined in Section 17D-3-102.
1512 (h) "Interlocal entity" has the same meaning as defined in Section 11-13-103.
1513 (i) "Local district" has the same meaning as defined in Section 17B-1-102.
1514 (j) "Local entity" means a county, city, town, school district, local district, community
1515 reinvestment agency, special service district, conservation district, or interlocal entity.
1516 (k) "Notice of an impending boundary action" means a written notice, as described in
1517 Subsection (3), that provides notice of an impending boundary action.
1518 (l) "Special service district" has the same meaning as defined in Section 17D-1-102.
1519 (2) Within 10 days after receiving a notice of an impending boundary action, the
1520 lieutenant governor shall:
1521 (a) (i) issue the applicable certificate, if:
1522 (A) the lieutenant governor determines that the notice of an impending boundary action
1523 meets the requirements of Subsection (3); and
1524 (B) except in the case of an impending local entity dissolution, the notice of an
1525 impending boundary action is accompanied by an approved final local entity plat;
1526 (ii) send the applicable certificate to the local entity's approving authority;
1527 (iii) return the original of the approved final local entity plat to the local entity's
1528 approving authority;
1529 (iv) send a copy of the applicable certificate and approved final local entity plat to:
1530 (A) the State Tax Commission;
1531 (B) the center; and
1532 (C) the county assessor, county surveyor, county auditor, and county attorney of each
1533 county in which the property depicted on the approved final local entity plat is located; and
1534 (v) send a copy of the applicable certificate to the state auditor, if the boundary action
1535 that is the subject of the applicable certificate is:
1536 (A) the incorporation or creation of a new local entity;
1537 (B) the consolidation of multiple local entities;
1538 (C) the division of a local entity into multiple local entities; or
1539 (D) the dissolution of a local entity; or
1540 (b) (i) send written notification to the approving authority that the lieutenant governor
1541 is unable to issue the applicable certificate, if:
1542 (A) the lieutenant governor determines that the notice of an impending boundary action
1543 does not meet the requirements of Subsection (3); or
1544 (B) the notice of an impending boundary action is:
1545 (I) not accompanied by an approved final local entity plat; or
1546 (II) accompanied by a plat or final local entity plat that has not been approved as a final
1547 local entity plat by the county surveyor under Section 17-23-20; and
1548 (ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is
1549 unable to issue the applicable certificate.
1550 (3) Each notice of an impending boundary action shall:
1551 (a) be directed to the lieutenant governor;
1552 (b) contain the name of the local entity or, in the case of an incorporation or creation,
1553 future local entity, whose boundary is affected or established by the boundary action;
1554 (c) describe the type of boundary action for which an applicable certificate is sought;
1555 (d) be accompanied by a letter from the Utah State Retirement Office, created under
1556 Section 49-11-201, to the approving authority that identifies the potential provisions under
1557 Title 49, Utah State Retirement and Insurance Benefit Act, that the local entity shall comply
1558 with, related to the boundary action, if the boundary action is an impending incorporation or
1559 creation of a local entity that may result in the employment of personnel; and
1560 (e) (i) contain a statement, signed and verified by the approving authority, certifying
1561 that all requirements applicable to the boundary action have been met; or
1562 (ii) in the case of the dissolution of a municipality, be accompanied by a certified copy
1563 of the court order approving the dissolution of the municipality.
1564 (4) The lieutenant governor may require the approving authority to submit a paper or
1565 electronic copy of a notice of an impending boundary action and approved final local entity plat
1566 in conjunction with the filing of the original of those documents.
1567 (5) (a) The lieutenant governor shall:
1568 (i) keep, index, maintain, and make available to the public each notice of an impending
1569 boundary action, approved final local entity plat, applicable certificate, and other document that
1570 the lieutenant governor receives or generates under this section;
1571 (ii) make a copy of each document listed in Subsection (5)(a)(i) available on the
1572 Internet for 12 months after the lieutenant governor receives or generates the document;
1573 (iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any
1574 person who requests a paper copy; and
1575 (iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to
1576 any person who requests a certified copy.
1577 (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
1578 copy of a document that the lieutenant governor provides under this Subsection (5).
1579 Section 32. Section 72-5-304 is amended to read:
1580 72-5-304. Mapping and survey requirements.
1581 (1) The Department of Transportation, counties, and cities are not required to possess
1582 centerline surveys for R.S. 2477 rights-of-ways.
1583 (2) To be accepted, highways within R.S. 2477 rights-of-way do not need to be
1584 included in the plats, descriptions, and maps of county roads required by Sections 72-3-105 and
1585 72-3-107 or on the State Geographic Information Database, created in Section 63F-1-507,
1586 required to be maintained by Subsection (3).
1587 (3) (a) The [
1588 Center, created in Section 63F-1-506, shall create and maintain a record of R.S. 2477
1589 rights-of-way on the Geographic Information Database.
1590 (b) The record of R.S. 2477 rights-of-way shall be based on information maintained by
1591 the Department of Transportation and cartographic, topographic, photographic, historical, and
1592 other data available to or maintained by the [
1593 Geospatial Resource Center.
1594 (c) Agencies and political subdivisions of the state may provide additional information
1595 regarding R.S. 2477 rights-of-way when information is available.
1596 Section 33. Section 72-5-309 is amended to read:
1597 72-5-309. Acceptance of rights-of-way -- Notice of acknowledgment required.
1598 (1) The governor or the governor's designee may assess whether the grant of the R.S.
1599 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in
1600 the state and the applicable political subdivision as provided for in Section 72-5-103.
1601 (2) If the governor or governor's designee concludes that the grant has been accepted as
1602 to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the
1603 acceptance of the R.S. 2477 grant as to that right-of-way.
1604 (3) A notice of acknowledgment of the R.S. 2477 grant shall include:
1605 (a) a statement of reasons for the acknowledgment;
1606 (b) a general description of the right-of-way or rights-of-way subject to the notice of
1607 acknowledgment, including the county in which it is located, and notice of where a center-line
1608 description derived from Global Positioning System data may be viewed or obtained;
1609 (c) a statement that the owner of the servient estate in the land over which the
1610 right-of-way or rights-of-way subject to the notice runs or any person with a competing
1611 dominant estate ownership claim may file a petition with the district court for a decision
1612 regarding the correctness or incorrectness of the acknowledgment; and
1613 (d) a statement of the time limit provided in Section 72-5-310 for filing a petition.
1614 (4) (a) (i) The governor or the governor's designee may record a notice of
1615 acknowledgment, and any supporting affidavit, map, or other document purporting to establish
1616 or affect the state's property interest in the right-of-way or rights-of-way, in the office of the
1617 county recorder in the county where the right-of-way or rights-of-way exist.
1618 (ii) (A) A notice of acknowledgment recorded in the county recorder's office is not
1619 required to be accompanied by a paper copy of the center-line description.
1620 (B) A paper copy of each center-line description together with the notice of
1621 acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made
1622 available to the public upon request in accordance with Title 63G, Chapter 2, Government
1623 Records Access and Management Act.
1624 (C) An electronic copy of the center-line description identified in a notice of
1625 acknowledgment shall be available upon request at:
1626 (I) the county recorder's office; or
1627 (II) the [
1628 created in Section 63F-1-506.
1629 (b) A notice of acknowledgment recorded in the county recorder's office is conclusive
1630 evidence of acceptance of the R.S. 2477 grant upon:
1631 (i) expiration of the 60-day period for filing a petition under Section 72-5-310 without
1632 the filing of a petition; or
1633 (ii) a final court decision that the notice of acknowledgment was not incorrect.
1634 Section 34. Revisor instructions.
1635 The Legislature intends that the Office of Legislative Research and General Counsel, in
1636 preparing the Utah Code database for publication, on May 5, 2021, replace "Automated
1637 Geographic Reference Center" with "Utah Geospatial Resource Center" in any new language
1638 added to the Utah Code by legislation passed during the 2021 General Session.