Senator Ann Millner proposes the following substitute bill:


1     
DEPARTMENT OF GOVERNMENT OPERATIONS - CROSS

2     
REFERENCE CHANGES

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ann Millner

6     
House Sponsor: Val L. Peterson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies cross-references in conformance with 2021 General Session S.B.
11     181.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies cross-references in conformance with 2021 General Session S.B. 181.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19          This bill provides revisor instructions.
20     Utah Code Sections Affected:
21     AMENDS:
22          4-30-106, as last amended by Laws of Utah 2020, Chapter 154
23          4-21-106, as last amended by Laws of Utah 2019, Chapters 370 and 456
24          4-22-107, as last amended by Laws of Utah 2019, Chapters 370 and 456
25          7-1-706, as last amended by Laws of Utah 2010, Chapter 90

26          10-2-406, as last amended by Laws of Utah 2019, Chapter 255
27          10-2-407, as last amended by Laws of Utah 2019, Chapter 255
28          10-2-415, as last amended by Laws of Utah 2020, Chapter 22
29          10-2-418, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
30          10-2-419, as last amended by Laws of Utah 2019, Chapter 255
31          10-2-501, as last amended by Laws of Utah 2019, Chapter 255
32          10-2-502.5, as last amended by Laws of Utah 2019, Chapter 255
33          10-2-607, as last amended by Laws of Utah 2019, Chapter 255
34          10-2-708, as last amended by Laws of Utah 2020, Chapter 22
35          10-2a-207, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
36     by Coordination Clause, Laws of Utah 2019, Chapter 165
37          10-2a-210, as last amended by Laws of Utah 2020, Chapter 22
38          10-2a-213, as last amended by Laws of Utah 2020, Chapter 22
39          10-2a-214, as last amended by Laws of Utah 2020, Chapter 22
40          10-2a-215, as last amended by Laws of Utah 2020, Chapter 22
41          10-2a-405, as last amended by Laws of Utah 2016, Chapter 176
42          10-3-301, as last amended by Laws of Utah 2020, Chapter 95
43          10-3-818, as last amended by Laws of Utah 2010, Chapter 90
44          10-5-107.5, as enacted by Laws of Utah 2017, Chapter 71
45          10-5-108, as last amended by Laws of Utah 2017, Chapter 193
46          10-6-113, as last amended by Laws of Utah 2017, Chapter 193
47          10-6-135.5, as enacted by Laws of Utah 2017, Chapter 71
48          10-7-19, as last amended by Laws of Utah 2019, Chapter 255
49          10-8-2, as last amended by Laws of Utah 2019, Chapter 376
50          10-8-15, as last amended by Laws of Utah 2019, Chapter 413
51          10-9a-203, as last amended by Laws of Utah 2015, Chapter 202
52          10-9a-204, as last amended by Laws of Utah 2010, Chapter 90
53          10-9a-205, as last amended by Laws of Utah 2017, Chapter 84
54          10-9a-208, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
55          10-9a-603, as last amended by Laws of Utah 2020, Chapter 434
56          10-18-203, as last amended by Laws of Utah 2010, Chapter 90

57          10-18-302, as last amended by Laws of Utah 2014, Chapter 176
58          11-13-204, as last amended by Laws of Utah 2015, Chapter 265
59          11-13-509, as enacted by Laws of Utah 2015, Chapter 265
60          11-13-531, as enacted by Laws of Utah 2015, Chapter 265
61          11-14-202, as last amended by Laws of Utah 2020, Chapter 31
62          11-14-318, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
63          11-36a-503, as enacted by Laws of Utah 2011, Chapter 47
64          11-36a-504, as last amended by Laws of Utah 2017, Chapter 84
65          11-42-202, as last amended by Laws of Utah 2020, Chapter 282
66          11-42-402, as last amended by Laws of Utah 2015, Chapter 396
67          11-58-502, as last amended by Laws of Utah 2019, Chapter 399
68          11-58-503, as last amended by Laws of Utah 2019, Chapter 399
69          11-58-801, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
70          11-59-401, as enacted by Laws of Utah 2018, Chapter 388
71          13-1-2, as last amended by Laws of Utah 2019, Chapter 174
72          17-27a-203, as last amended by Laws of Utah 2009, Chapter 188
73          17-27a-204, as last amended by Laws of Utah 2010, Chapter 90
74          17-27a-205, as last amended by Laws of Utah 2017, Chapter 84
75          17-27a-208, as last amended by Laws of Utah 2019, Chapter 384
76          17-27a-306, as last amended by Laws of Utah 2015, Chapter 352
77          17-27a-404, as last amended by Laws of Utah 2020, Chapter 434
78          17-27a-603, as last amended by Laws of Utah 2020, Chapter 434
79          17-36-12, as last amended by Laws of Utah 2017, Chapter 193
80          17-36-26, as last amended by Laws of Utah 2017, Chapter 193
81          17-41-304, as last amended by Laws of Utah 2019, Chapter 227
82          17-41-405, as last amended by Laws of Utah 2019, Chapter 227
83          17-50-105, as last amended by Laws of Utah 2009, Chapter 350
84          17-50-303, as last amended by Laws of Utah 2019, Chapter 376
85          17B-1-106, as last amended by Laws of Utah 2013, Chapter 445
86          17B-1-211, as last amended by Laws of Utah 2013, Chapter 265
87          17B-1-303, as last amended by Laws of Utah 2019, Chapters 40 and 255

88          17B-1-306, as last amended by Laws of Utah 2020, Chapter 31
89          17B-1-413, as last amended by Laws of Utah 2010, Chapter 90
90          17B-1-417, as last amended by Laws of Utah 2010, Chapter 90
91          17B-1-505.5, as enacted by Laws of Utah 2017, Chapter 404
92          17B-1-609, as last amended by Laws of Utah 2015, Chapter 436
93          17B-1-643, as last amended by Laws of Utah 2016, Chapter 273
94          17B-1-1204, as last amended by Laws of Utah 2010, Chapter 90
95          17B-1-1307, as last amended by Laws of Utah 2010, Chapter 90
96          17B-2a-705, as last amended by Laws of Utah 2019, Chapter 255
97          17B-2a-1110, as last amended by Laws of Utah 2016, Chapter 176
98          17C-1-207, as last amended by Laws of Utah 2019, Chapter 376
99          17C-1-601.5, as last amended by Laws of Utah 2018, Chapter 101
100          17C-1-804, as last amended by Laws of Utah 2019, Chapter 376
101          17C-1-806, as last amended by Laws of Utah 2018, Chapter 364
102          17C-2-108, as last amended by Laws of Utah 2016, Chapter 350
103          17C-2-109, as last amended by Laws of Utah 2016, Chapter 350
104          17C-3-107, as last amended by Laws of Utah 2016, Chapter 350
105          17C-3-108, as last amended by Laws of Utah 2016, Chapter 350
106          17C-4-107, as last amended by Laws of Utah 2016, Chapter 350
107          17C-4-109, as last amended by Laws of Utah 2016, Chapter 350
108          17C-4-202, as last amended by Laws of Utah 2016, Chapter 350
109          17C-5-110, as enacted by Laws of Utah 2016, Chapter 350
110          17C-5-111, as enacted by Laws of Utah 2016, Chapter 350
111          17C-5-113, as enacted by Laws of Utah 2016, Chapter 350
112          17C-5-205, as last amended by Laws of Utah 2019, Chapter 376
113          17D-3-305, as last amended by Laws of Utah 2020, Chapter 311
114          19-1-202, as last amended by Laws of Utah 2017, Chapter 246
115          19-1-308, as enacted by Laws of Utah 2018, Chapter 427
116          19-2-109, as last amended by Laws of Utah 2012, Chapter 360
117          20A-1-512, as last amended by Laws of Utah 2019, Chapter 40
118          20A-3a-604, as renumbered and amended by Laws of Utah 2020, Chapter 31

119          20A-4-104, as last amended by Laws of Utah 2020, Chapter 31
120          20A-4-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
121          20A-5-101, as last amended by Laws of Utah 2019, Chapter 255
122          20A-5-303, as last amended by Laws of Utah 2011, Chapter 335
123          20A-5-403.5, as enacted by Laws of Utah 2020, Chapter 31
124          20A-5-405, as last amended by Laws of Utah 2020, Chapter 31
125          20A-7-204.1, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
126          20A-7-401.5, as enacted by Laws of Utah 2019, Chapter 203
127          20A-7-402, as last amended by Laws of Utah 2020, Chapters 22 and 354
128          20A-9-203, as last amended by Laws of Utah 2020, Chapter 22
129          20A-13-104, as last amended by Laws of Utah 2013, Chapter 383
130          20A-14-101.5, as last amended by Laws of Utah 2013, Chapter 455
131          20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
132          20A-14-201, as last amended by Laws of Utah 2011, Chapter 297
133          20A-20-203, as enacted by Laws of Utah 2020, Chapter 288
134          26-6-27, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 21
135          26-6-32, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 21
136          26-61a-303, as last amended by Laws of Utah 2020, Chapter 12
137          31A-2-103, as last amended by Laws of Utah 1994, Chapter 128
138          32B-1-303, as last amended by Laws of Utah 2019, Chapter 145
139          32B-2-206, as last amended by Laws of Utah 2012, Chapter 365
140          32B-2-207, as last amended by Laws of Utah 2018, Chapter 200
141          32B-3-204, as last amended by Laws of Utah 2020, Chapter 219
142          32B-8a-302, as last amended by Laws of Utah 2020, Chapter 219
143          34-41-101, as last amended by Laws of Utah 2007, Chapter 329
144          34A-1-201, as last amended by Laws of Utah 2020, Chapter 352
145          34A-1-204, as enacted by Laws of Utah 1997, Chapter 375
146          34A-1-205, as last amended by Laws of Utah 2020, Chapters 156, 352, and 354
147          35A-1-201, as last amended by Laws of Utah 2020, Chapter 352
148          35A-1-204, as last amended by Laws of Utah 1997, Chapter 375
149          36-1-101.5, as last amended by Laws of Utah 2013, Chapter 454

150          36-1-105, as last amended by Laws of Utah 2013, Chapter 454
151          36-1-201.5, as last amended by Laws of Utah 2017, Chapter 243
152          36-1-204, as last amended by Laws of Utah 2013, Chapter 382
153          40-2-202, as enacted by Laws of Utah 2008, Chapter 113
154          45-1-101, as last amended by Laws of Utah 2019, Chapter 274
155          46-4-501, as last amended by Laws of Utah 2019, Chapter 254
156          49-11-1102, as enacted by Laws of Utah 2016, Chapter 281
157          49-22-403, as enacted by Laws of Utah 2011, Chapter 439
158          49-23-403, as enacted by Laws of Utah 2011, Chapter 439
159          51-5-3, as last amended by Laws of Utah 2001, Chapter 175
160          52-4-202, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 1
161          52-4-203, as last amended by Laws of Utah 2018, Chapter 425
162          53-1-203, as enacted by Laws of Utah 1993, Chapter 234
163          53-1-303, as enacted by Laws of Utah 1993, Chapter 234
164          53-2a-103, as renumbered and amended by Laws of Utah 2013, Chapter 295
165          53-3-103, as enacted by Laws of Utah 1993, Chapter 234
166          53-7-103, as last amended by Laws of Utah 2018, Chapter 415
167          53-8-103, as renumbered and amended by Laws of Utah 1993, Chapter 234
168          53-10-103, as renumbered and amended by Laws of Utah 1998, Chapter 263
169          53-10-201, as enacted by Laws of Utah 1998, Chapter 263
170          53-10-301, as last amended by Laws of Utah 2002, Chapter 5
171          53-10-401, as enacted by Laws of Utah 1998, Chapter 263
172          53-13-114, as last amended by Laws of Utah 2012, Chapter 196
173          53B-7-101.5, as last amended by Laws of Utah 2010, Chapter 90
174          53E-4-202, as last amended by Laws of Utah 2019, Chapters 186 and 324
175          53E-8-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
176          53G-3-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
177          53G-4-204, as last amended by Laws of Utah 2019, Chapter 293
178          53G-4-402, as last amended by Laws of Utah 2020, Chapter 347
179          53G-5-203, as last amended by Laws of Utah 2019, Chapter 293
180          53G-5-504, as last amended by Laws of Utah 2020, Chapters 192 and 408

181          53G-7-1105, as last amended by Laws of Utah 2019, Chapter 293
182          54-3-28, as last amended by Laws of Utah 2013, Chapter 445
183          54-8-10, as last amended by Laws of Utah 2010, Chapter 90
184          54-8-16, as last amended by Laws of Utah 2010, Chapter 90
185          57-11-11, as last amended by Laws of Utah 2011, Chapter 340
186          59-1-206, as last amended by Laws of Utah 2020, Chapter 352
187          59-2-919, as last amended by Laws of Utah 2020, Chapter 354
188          59-2-919.2, as last amended by Laws of Utah 2010, Chapter 90
189          59-12-1102, as last amended by Laws of Utah 2016, Chapter 364
190          62A-1-109, as last amended by Laws of Utah 2019, Chapter 246
191          63A-5b-905, as renumbered and amended by Laws of Utah 2020, Chapter 152
192          63D-2-102, as last amended by Laws of Utah 2020, Chapter 365
193          63E-2-109, as last amended by Laws of Utah 2019, Chapter 370
194          63G-6a-103, as last amended by Laws of Utah 2020, Chapters 152, 257, 365 and last
195     amended by Coordination Clause, Laws of Utah 2020, Chapter 365
196          63G-22-102, as enacted by Laws of Utah 2018, Chapter 200
197          63H-1-403, as last amended by Laws of Utah 2020, Chapter 282
198          63H-1-701, as last amended by Laws of Utah 2018, Chapter 101
199          63H-2-502, as last amended by Laws of Utah 2018, Chapter 101
200          63H-2-504, as last amended by Laws of Utah 2012, Chapter 347
201          63H-4-108, as last amended by Laws of Utah 2019, Chapters 370 and 456
202          63H-5-108, as last amended by Laws of Utah 2019, Chapters 370 and 456
203          63H-6-103, as last amended by Laws of Utah 2020, Chapter 152
204          63H-7a-104, as enacted by Laws of Utah 2019, Chapter 456
205          63H-7a-304, as last amended by Laws of Utah 2020, Chapters 294 and 368
206          63H-7a-803, as last amended by Laws of Utah 2019, Chapters 370 and 509
207          63H-8-204, as last amended by Laws of Utah 2019, Chapter 370
208          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
209     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
210     of Utah 2020, Chapter 360
211          63I-2-267, as last amended by Laws of Utah 2020, Chapter 197

212          63J-4-602, as last amended by Laws of Utah 2020, Chapter 352
213          63J-4-603, as last amended by Laws of Utah 2018, Chapter 411
214          63M-4-402, as enacted by Laws of Utah 2014, Chapter 294
215          63N-3-501, as enacted by Laws of Utah 2018, Chapter 182
216          67-1-2.5, as last amended by Laws of Utah 2020, Chapters 154, 352, and 373
217          67-1-14, as last amended by Laws of Utah 2005, Chapter 169
218          67-1a-2.2, as enacted by Laws of Utah 2011, Third Special Session, Chapter 9
219          67-1a-6.5, as last amended by Laws of Utah 2016, Chapter 350
220          67-5-11, as last amended by Laws of Utah 2007, Chapter 166
221          72-3-108, as last amended by Laws of Utah 2010, Chapter 90
222          72-5-105, as last amended by Laws of Utah 2017, First Special Session, Chapter 2
223          72-5-304, as last amended by Laws of Utah 2005, Chapter 169
224          72-16-202, as last amended by Laws of Utah 2020, Chapter 423
225          73-1-16, as last amended by Laws of Utah 2010, Chapter 90
226          73-5-1, as last amended by Laws of Utah 2017, Chapter 463
227          73-5-14, as last amended by Laws of Utah 2010, Chapter 90
228          75-1-401, as last amended by Laws of Utah 2010, Chapter 90
229     

230     Be it enacted by the Legislature of the state of Utah:
231          Section 1. Section 4-21-106 is amended to read:
232          4-21-106. Exemption from certain operational requirements.
233          (1) The council is exempt from:
234          (a) Title 51, Chapter 5, Funds Consolidation Act;
235          (b) Title 63A, Utah [Administrative Services] Government Operations Code, except as
236     provided in Subsection (2)(c);
237          (c) Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt
238     procedures to ensure that the council makes purchases:
239          (i) in a manner that provides for fair competition between providers; and
240          (ii) at competitive prices;
241          (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
242          (e) Title [67] 63A, Chapter [19] 17, Utah State Personnel Management Act.

243          (2) The council is subject to:
244          (a) Title 51, Chapter 7, State Money Management Act;
245          (b) Title 52, Chapter 4, Open and Public Meetings Act;
246          (c) Title 63A, Chapter 1, Part 2, Utah Public Finance Website;
247          (d) Title 63G, Chapter 2, Government Records Access and Management Act;
248          (e) other Utah Code provisions not specifically exempted under Subsection
249     4-21-106(1); and
250          (f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
251     legislative auditor pursuant to Section 36-12-15.
252          Section 2. Section 4-22-107 is amended to read:
253          4-22-107. Exemption from certain operational requirements.
254          (1) The commission is exempt from:
255          (a) Title 51, Chapter 5, Funds Consolidation Act;
256          (b) Title 51, Chapter 7, State Money Management Act;
257          (c) except as provided in Subsection (2)(b), Title 63A, Utah [Administrative Services]
258     Government Operations Code;
259          (d) Title 63G, Chapter 6a, Utah Procurement Code, but the commission shall adopt
260     procedures to ensure that the commission makes purchases:
261          (i) in a manner that provides for fair competition between providers; and
262          (ii) at competitive prices;
263          (e) Title 63J, Chapter 1, Budgetary Procedures Act; and
264          (f) Title [67] 63A, Chapter [19] 17, Utah State Personnel Management Act.
265          (2) The commission is subject to:
266          (a) Title 52, Chapter 4, Open and Public Meetings Act;
267          (b) Title 63A, Chapter 1, Part 2, Utah Public Finance Website; and
268          (c) Title 63G, Chapter 2, Government Records Access and Management Act.
269          Section 3. Section 4-30-106 is amended to read:
270          4-30-106. Hearing on license application -- Notice of hearing.
271          (1) Upon the filing of an application, the department shall set a time for hearing on the
272     application in the city or town nearest the proposed site of the livestock market and cause
273     notice of the time and place of the hearing together with a copy of the application to be

274     forwarded by mail, not less than 15 days before the hearing date, to the following:
275          (a) each licensed livestock market operator within the state; and
276          (b) each livestock or other interested association or group of persons in the state that
277     has filed written notice with the department requesting receipt of notice of such hearings.
278          (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
279          (a) in a daily or weekly newspaper of general circulation within the city or town where
280     the hearing is scheduled; and
281          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
282          Section 4. Section 7-1-706 is amended to read:
283          7-1-706. Application to commissioner to exercise power -- Procedure.
284          (1) Except as provided in Sections 7-1-704 and 7-1-705, by filing a request for agency
285     action with the commissioner, any person may request the commissioner to:
286          (a) issue any rule or order;
287          (b) exercise any powers granted to the commissioner under this title; or
288          (c) act on any matter that is subject to the approval of the commissioner.
289          (2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
290     expense, cause a supervisor to make a careful investigation of the facts relevant or material to
291     the request.
292          (3) (a) The supervisor shall submit written findings and recommendations to the
293     commissioner.
294          (b) The application, any additional information furnished by the applicant, and the
295     findings and recommendations of the supervisor may be inspected by any person at the office
296     of the commissioner, except those portions of the application or report that the commissioner
297     designates as confidential to prevent a clearly unwarranted invasion of privacy.
298          (4) (a) If a hearing is held concerning the request, the commissioner shall publish
299     notice of the hearing at the applicant's expense:
300          (i) in a newspaper of general circulation within the county where the applicant is
301     located at least once a week for three successive weeks before the date of the hearing; and
302          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
303     three weeks before the date of the hearing.
304          (b) The notice required by Subsection (4)(a) shall include the information required by

305     the department's rules.
306          (c) The commissioner shall act upon the request within 30 days after the close of the
307     hearing, based on the record before the commissioner.
308          (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
309     within 90 days of receipt of the request based on:
310          (i) the application;
311          (ii) additional information filed with the commissioner; and
312          (iii) the findings and recommendations of the supervisor.
313          (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
314     and an order, and shall mail a copy of each to:
315          (i) the applicant;
316          (ii) all persons who have filed protests to the granting of the application; and
317          (iii) other persons that the commissioner considers should receive copies.
318          (6) The commissioner may impose any conditions or limitations on the approval or
319     disapproval of a request that the commissioner considers proper to:
320          (a) protect the interest of creditors, depositors, and other customers of an institution;
321          (b) protect its shareholders or members; and
322          (c) carry out the purposes of this title.
323          Section 5. Section 10-2-406 is amended to read:
324          10-2-406. Notice of certification -- Publishing and providing notice of petition.
325          (1) After receipt of the notice of certification from the city recorder or town clerk under
326     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall publish notice:
327          (a) (i) at least once a week for three successive weeks, beginning no later than 10 days
328     after the day on which the municipal legislative body receives the notice of certification, in a
329     newspaper of general circulation within:
330          (A) the area proposed for annexation; and
331          (B) the unincorporated area within 1/2 mile of the area proposed for annexation;
332          (ii) if there is no newspaper of general circulation in the combined area described in
333     Subsections (1)(a)(i)(A) and (B), no later than 10 days after the day on which the municipal
334     legislative body receives the notice of certification, by posting one notice, and at least one
335     additional notice per 2,000 population within the combined area, in places within the combined

336     area that are most likely to give notice to the residents within, and the owners of real property
337     located within, the combined area; or
338          (iii) no later than 10 days after the day on which the municipal legislative body
339     receives the notice of certification, by mailing the notice to each residence within, and to each
340     owner of real property located within, the combined area described in Subsections (1)(a)(i)(A)
341     and (B);
342          (b) in accordance with Section 45-1-101, for three weeks, beginning no later than 10
343     days after the day on which the municipal legislative body receives the notice of certification;
344          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
345     three weeks, beginning no later than 10 days after the day on which the municipal legislative
346     body receives the notice of certification;
347          (d) within 20 days after the day on which the municipal legislative body receives the
348     notice of certification, by mailing written notice to each affected entity; and
349          (e) if the municipality has a website, on the municipality's website for the period of
350     time described in Subsection (1)(c).
351          (2) The notice described in Subsection (1) shall:
352          (a) state that a petition has been filed with the municipality proposing the annexation of
353     an area to the municipality;
354          (b) state the date of the municipal legislative body's receipt of the notice of certification
355     under Subsection 10-2-405(2)(c)(i);
356          (c) describe the area proposed for annexation in the annexation petition;
357          (d) state that the complete annexation petition is available for inspection and copying at
358     the office of the city recorder or town clerk;
359          (e) state in conspicuous and plain terms that the municipality may grant the petition
360     and annex the area described in the petition unless, within the time required under Subsection
361     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
362     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
363     municipality;
364          (f) state the address of the commission or, if a commission has not yet been created in
365     the county, the county clerk, where a protest to the annexation petition may be filed;
366          (g) state that the area proposed for annexation to the municipality will also

367     automatically be annexed to a local district providing fire protection, paramedic, and
368     emergency services or a local district providing law enforcement service, as the case may be, as
369     provided in Section 17B-1-416, if:
370          (i) the proposed annexing municipality is entirely within the boundaries of a local
371     district:
372          (A) that provides fire protection, paramedic, and emergency services or law
373     enforcement service, respectively; and
374          (B) in the creation of which an election was not required because of Subsection
375     17B-1-214(3)(c); and
376          (ii) the area proposed to be annexed to the municipality is not already within the
377     boundaries of the local district; and
378          (h) state that the area proposed for annexation to the municipality will be automatically
379     withdrawn from a local district providing fire protection, paramedic, and emergency services or
380     a local district providing law enforcement service, as the case may be, as provided in
381     Subsection 17B-1-502(2), if:
382          (i) the petition proposes the annexation of an area that is within the boundaries of a
383     local district:
384          (A) that provides fire protection, paramedic, and emergency services or law
385     enforcement service, respectively; and
386          (B) in the creation of which an election was not required because of Subsection
387     17B-1-214(3)(c); and
388          (ii) the proposed annexing municipality is not within the boundaries of the local
389     district.
390          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
391     written protest in terms of the actual date rather than by reference to the statutory citation.
392          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
393     for a proposed annexation of an area within a county of the first class shall include a statement
394     that a protest to the annexation petition may be filed with the commission by property owners if
395     it contains the signatures of the owners of private real property that:
396          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
397     annexation;

398          (ii) covers at least 25% of the private land area located in the unincorporated area
399     within 1/2 mile of the area proposed for annexation; and
400          (iii) is equal in value to at least 15% of all real property located in the unincorporated
401     area within 1/2 mile of the area proposed for annexation.
402          Section 6. Section 10-2-407 is amended to read:
403          10-2-407. Protest to annexation petition -- Planning advisory area planning
404     commission recommendation -- Petition requirements -- Disposition of petition if no
405     protest filed.
406          (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
407          (a) the legislative body or governing board of an affected entity;
408          (b) the owner of rural real property as defined in Section 17B-2a-1107; or
409          (c) for a proposed annexation of an area within a county of the first class, the owners of
410     private real property that:
411          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
412     annexation;
413          (ii) covers at least 25% of the private land area located in the unincorporated area
414     within 1/2 mile of the area proposed for annexation; and
415          (iii) is equal in value to at least 15% of all real property located in the unincorporated
416     area within 1/2 mile of the area proposed for annexation.
417          (2) Each protest under Subsection (1) shall:
418          (a) be filed:
419          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
420     certification under Subsection 10-2-405(2)(c)(i); and
421          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
422     the commission; or
423          (B) in a county that has not yet created a commission under Section 10-2-409, with the
424     clerk of the county in which the area proposed for annexation is located;
425          (b) state each reason for the protest of the annexation petition and, if the area proposed
426     to be annexed is located in a specified county, justification for the protest under the standards
427     established in this chapter;
428          (c) if the area proposed to be annexed is located in a specified county, contain other

429     information that the commission by rule requires or that the party filing the protest considers
430     pertinent; and
431          (d) contain the name and address of a contact person who is to receive notices sent by
432     the commission with respect to the protest proceedings.
433          (3) The party filing a protest under this section shall on the same date deliver or mail a
434     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
435          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
436          (a) immediately notify the county legislative body of the protest; and
437          (b) deliver the protest to the boundary commission within five days after:
438          (i) receipt of the protest, if the boundary commission has previously been created; or
439          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
440     boundary commission has not previously been created.
441          (5) (a) If a protest is filed under this section:
442          (i) the municipal legislative body may, at its next regular meeting after expiration of
443     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
444          (ii) if the municipal legislative body does not deny the annexation petition under
445     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
446     annexation petition until after receipt of the commission's notice of its decision on the protest
447     under Section 10-2-416.
448          (b) If a municipal legislative body denies an annexation petition under Subsection
449     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
450     the denial in writing to:
451          (i) the contact sponsor of the annexation petition;
452          (ii) the commission; and
453          (iii) each entity that filed a protest.
454          (6) If no timely protest is filed under this section, the municipal legislative body may,
455     subject to Subsection (7), approve the petition.
456          (7) Before approving an annexation petition under Subsection (6), the municipal
457     legislative body shall hold a public hearing and publish notice of the public hearing:
458          (a) (i) at least seven days before the day of the public hearing in a newspaper of general
459     circulation within the municipality and the area proposed for annexation;

460          (ii) if there is no newspaper of general circulation in the combined area described in
461     Subsection (7)(a)(i), at least seven days before the day of the public hearing, by posting one
462     notice, and at least one additional notice per 2,000 population within the combined area, in
463     places within the combined area that are most likely to give notice to the residents within, and
464     the owners of real property located within, the combined area; or
465          (iii) at least 10 days before the day of the public hearing by mailing the notice to each
466     residence within, and to each owner of real property located within, the combined area
467     described in Subsection (7)(a)(i);
468          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
469     seven days before the day of the public hearing;
470          (c) in accordance with Section 45-1-101, for seven days before the day of the public
471     hearing; and
472          (d) if the municipality has a website, on the municipality's website for seven days
473     before the day of the public hearing.
474          Section 7. Section 10-2-415 is amended to read:
475          10-2-415. Public hearing -- Notice.
476          (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
477     requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
478     located in a county of the first class, the commission shall hold a public hearing within 30 days
479     after the day on which the commission receives the feasibility study or supplemental feasibility
480     study results.
481          (b) At the public hearing described in Subsection (1)(a), the commission shall:
482          (i) require the feasibility consultant to present the results of the feasibility study and, if
483     applicable, the supplemental feasibility study;
484          (ii) allow those present to ask questions of the feasibility consultant regarding the study
485     results; and
486          (iii) allow those present to speak to the issue of annexation.
487          (2) The commission shall publish notice of the public hearing described in Subsection
488     (1)(a):
489          (a) (i) at least once a week for two successive weeks before the public hearing in a
490     newspaper of general circulation within the area proposed for annexation, the surrounding 1/2

491     mile of unincorporated area, and the proposed annexing municipality;
492          (ii) if there is no newspaper of general circulation within the combined area described
493     in Subsection (2)(a)(i), at least two weeks before the day of the public hearing, by posting one
494     notice, and at least one additional notice per 2,000 population within the combined area, in
495     places within the combined area that are most likely to give notice of the public hearing to the
496     residents within, and the owners of real property located within, the combined area; or
497          (iii) by mailing notice to each residence within, and to each owner of real property
498     located within, the combined area described in Subsection (2)(a)(i);
499          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
500     two weeks before the day of the public hearing;
501          (c) in accordance with Section 45-1-101, for two weeks before the day of the public
502     hearing;
503          (d) by sending written notice of the public hearing to the municipal legislative body of
504     the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
505     that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
506     person;
507          (e) if the municipality has a website, on the municipality's website for two weeks
508     before the day of the public hearing; and
509          (f) on the county's website for two weeks before the day of the public hearing.
510          (3) The notice described in Subsection (2) shall:
511          (a) be entitled, "notice of annexation hearing";
512          (b) state the name of the annexing municipality;
513          (c) describe the area proposed for annexation; and
514          (d) specify the following sources where an individual may obtain a copy of the
515     feasibility study conducted in relation to the proposed annexation:
516          (i) if the municipality has a website, the municipality's website;
517          (ii) a municipality's physical address; and
518          (iii) a mailing address and telephone number.
519          (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
520     expired with respect to a proposed annexation of an area located in a specified county, the
521     boundary commission shall hold a hearing on all protests that were filed with respect to the

522     proposed annexation.
523          (5) At least 14 days before the date of a hearing described in Subsection (4), the
524     commission chair shall publish notice of the hearing:
525          (a) (i) in a newspaper of general circulation within the area proposed for annexation;
526          (ii) if there is no newspaper of general circulation within the area proposed for
527     annexation, by posting one notice, and at least one additional notice per 2,000 population
528     within the area in places within the area that are most likely to give notice of the hearing to the
529     residents within, and the owners of real property located within, the area; or
530          (iii) mailing notice to each resident within, and each owner of real property located
531     within, the area proposed for annexation;
532          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
533     14 days before the day of the hearing;
534          (c) in accordance with Section 45-1-101, for 14 days before the day of the hearing;
535          (d) if the municipality has a website, on the municipality's website for two weeks
536     before the day of the public hearing; and
537          (e) on the county's website for two weeks before the day of the public hearing.
538          (6) Each notice described in Subsection (5) shall:
539          (a) state the date, time, and place of the hearing;
540          [(a)] (b) briefly summarize the nature of the protest; and
541          [(b)] (c) state that a copy of the protest is on file at the commission's office.
542          (7) The commission may continue a hearing under Subsection (4) from time to time,
543     but no continued hearing may be held later than 60 days after the original hearing date.
544          (8) In considering protests, the commission shall consider whether the proposed
545     annexation:
546          (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
547     annexation policy plan of the proposed annexing municipality;
548          (b) conflicts with the annexation policy plan of another municipality; and
549          (c) if the proposed annexation includes urban development, will have an adverse tax
550     consequence on the remaining unincorporated area of the county.
551          (9) (a) The commission shall record each hearing under this section by electronic
552     means.

553          (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
554     applicable, information received at the hearing, and the written decision of the commission
555     shall constitute the record of the hearing.
556          Section 8. Section 10-2-418 is amended to read:
557          10-2-418. Annexation of an island or peninsula without a petition -- Notice --
558     Hearing.
559          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
560     accordance with this section of an area located within a county of the first class,
561     "municipal-type services" does not include a service provided by a municipality pursuant to a
562     contract that the municipality has with another political subdivision as "political subdivision" is
563     defined in Section 17B-1-102.
564          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
565     unincorporated area under this section without an annexation petition if:
566          (a) for an unincorporated area within the expansion area of more than one municipality,
567     each municipality agrees to the annexation; and
568          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
569     or unincorporated peninsulas contiguous to the municipality;
570          (B) the majority of each island or peninsula consists of residential or commercial
571     development;
572          (C) the area proposed for annexation requires the delivery of municipal-type services;
573     and
574          (D) the municipality has provided most or all of the municipal-type services to the area
575     for more than one year;
576          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
577     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
578     residents; and
579          (B) the municipality has provided one or more municipal-type services to the area for
580     at least one year;
581          (iii) the area consists of:
582          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
583     municipality; and

584          (B) for an area outside of the county of the first class proposed for annexation, no more
585     than 50 acres; or
586          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
587     county of the second class;
588          (B) the area to be annexed is located in the expansion area of a municipality; and
589          (C) the county legislative body in which the municipality is located provides notice to
590     each property owner within the area to be annexed that the county legislative body will hold a
591     public hearing, no less than 15 days after the day on which the county legislative body provides
592     the notice, and may make a recommendation of annexation to the municipality whose
593     expansion area includes the area to be annexed after the public hearing.
594          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
595     portion of an unincorporated island or unincorporated peninsula under this section, leaving
596     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
597          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
598     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
599     the municipality's best interest; and
600          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
601     the entire island of unincorporated area, of which a portion is being annexed, complies with the
602     requirement of Subsection (2)(b)(ii) relating to the number of residents.
603          (4) (a) This subsection applies only to an annexation within a county of the first class.
604          (b) A county of the first class shall agree to an annexation if the majority of private
605     property owners within the area to be annexed give written consent to the annexation, in
606     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
607          (c) For purposes of Subsection (4)(b), the majority of private property owners is
608     property owners who own:
609          (i) the majority of the total private land area within the area proposed for annexation;
610     and
611          (ii) private real property equal to at least 1/2 the value of private real property within
612     the area proposed for annexation.
613          (d) A property owner consenting to annexation shall indicate the property owner's
614     consent on a form which includes language in substantially the following form:

615          "Notice: If this written consent is used to proceed with an annexation of your property
616     in accordance with Utah Code Section 10-2-418, no public election is required by law to
617     approve the annexation. If you sign this consent and later decide you do not want to support
618     the annexation of your property, you may withdraw your signature by submitting a signed,
619     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
620     choose to withdraw your signature, you must do so no later than the close of the public hearing
621     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
622          (e) A private property owner may withdraw the property owner's signature indicating
623     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
624     close of the public hearing held in accordance with Subsection (5)(b).
625          (5) The legislative body of each municipality intending to annex an area under this
626     section shall:
627          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
628     area, describing the area proposed to be annexed; and
629          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
630     adoption of the resolution described in Subsection (5)(a).
631          (6) A legislative body described in Subsection (5) shall publish notice of a public
632     hearing described in Subsection (5)(b):
633          (a) (i) at least once a week for three successive weeks before the public hearing in a
634     newspaper of general circulation within the municipality and the area proposed for annexation;
635          (ii) if there is no newspaper of general circulation in the combined area described in
636     Subsection (6)(a)(i), at least three weeks before the day of the public hearing, by posting one
637     notice, and at least one additional notice per 2,000 population in the combined area, in places
638     within the combined area that are most likely to give notice to the residents within, and the
639     owners of real property located within, the combined area; or
640          (iii) at least three weeks before the day of the public hearing, by mailing notice to each
641     residence within, and each owner of real property located within, the combined area described
642     in Subsection (6)(a)(i);
643          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
644     three weeks before the day of the public hearing;
645          (c) in accordance with Section 45-1-101, for three weeks before the day of the public

646     hearing;
647          (d) by sending written notice to:
648          (i) the board of each local district and special service district whose boundaries contain
649     some or all of the area proposed for annexation; and
650          (ii) the legislative body of the county in which the area proposed for annexation is
651     located; and
652          (e) if the municipality has a website, on the municipality's website for three weeks
653     before the day of the public hearing.
654          (7) The legislative body of the annexing municipality shall ensure that:
655          (a) each notice described in Subsection (6):
656          (i) states that the municipal legislative body has adopted a resolution indicating the
657     municipality's intent to annex the area proposed for annexation;
658          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
659          (iii) describes the area proposed for annexation; and
660          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
661     states in conspicuous and plain terms that the municipal legislative body will annex the area
662     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
663     annexation are filed by the owners of private real property that:
664          (A) is located within the area proposed for annexation;
665          (B) covers a majority of the total private land area within the entire area proposed for
666     annexation; and
667          (C) is equal in value to at least 1/2 the value of all private real property within the
668     entire area proposed for annexation; and
669          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
670     days after the day on which the municipal legislative body adopts a resolution under Subsection
671     (5)(a).
672          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
673     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
674     ordinance approving the annexation of the area proposed for annexation under this section
675     unless, at or before the hearing, written protests to the annexation have been filed with the
676     recorder or clerk of the municipality by the owners of private real property that:

677          (i) is located within the area proposed for annexation;
678          (ii) covers a majority of the total private land area within the entire area proposed for
679     annexation; and
680          (iii) is equal in value to at least 1/2 the value of all private real property within the
681     entire area proposed for annexation.
682          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
683     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
684     annexation of the area proposed for annexation under this section without allowing or
685     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
686     land area within the entire area proposed for annexation, representing at least 75% of the value
687     of the private real property within the entire area proposed for annexation, have consented in
688     writing to the annexation.
689          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
690     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
691     validly annexed.
692          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
693     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
694     annexation of an area that the county legislative body proposes for annexation under this
695     section without allowing or considering protests under Subsection (8)(a) if the county
696     legislative body has formally recommended annexation to the annexing municipality and has
697     made a formal finding that:
698          (A) the area to be annexed can be more efficiently served by the municipality than by
699     the county;
700          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
701     the future as the result of urban development;
702          (C) annexation of the area is likely to facilitate the consolidation of overlapping
703     functions of local government; and
704          (D) annexation of the area is likely to result in an equitable distribution of community
705     resources and obligations.
706          (ii) The county legislative body may base the finding required in Subsection
707     (8)(c)(i)(B) on:

708          (A) existing development in the area;
709          (B) natural or other conditions that may limit the future development of the area; or
710          (C) other factors that the county legislative body considers relevant.
711          (iii) A county legislative body may make the recommendation for annexation required
712     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
713     information provided at the public hearing, the county legislative body makes a formal finding
714     that it would be equitable to leave a portion of the island unincorporated.
715          (iv) If a county legislative body has made a recommendation of annexation under
716     Subsection (8)(c)(i):
717          (A) the relevant municipality is not required to proceed with the recommended
718     annexation; and
719          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
720     the entire area that the county legislative body recommended for annexation.
721          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
722     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
723     validly annexed.
724          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
725     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
726     approving the annexation of the area proposed for annexation, and the annexation proceedings
727     under this section shall be considered terminated.
728          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
729     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
730     island regarding which protests have been filed and proceeding under Subsection (3) to annex
731     some or all of the remaining portion of the unincorporated island.
732          Section 9. Section 10-2-419 is amended to read:
733          10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
734          (1) The legislative bodies of two or more municipalities having common boundaries
735     may adjust their common boundaries as provided in this section.
736          (2) The legislative body of each municipality intending to adjust a boundary that is
737     common with another municipality shall:
738          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a

739     common boundary; and
740          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
741     adoption of the resolution under Subsection (2)(a).
742          (3) A legislative body described in Subsection (2) shall publish notice of a public
743     hearing described in Subsection (2)(b):
744          (a) (i) at least once a week for three successive weeks before the public hearing in a
745     newspaper of general circulation within the municipality;
746          (ii) if there is no newspaper of general circulation within the municipality, at least three
747     weeks before the day of the public hearing, by posting one notice, and at least one additional
748     notice per 2,000 population of the municipality, in places within the municipality that are most
749     likely to give notice to residents of the municipality; or
750          (iii) at least three weeks before the day of the public hearing, by mailing notice to each
751     residence in the municipality;
752          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
753     three weeks before the day of the public hearing;
754          (c) in accordance with Section 45-1-101, for three weeks before the day of the public
755     hearing;
756          (d) if the proposed boundary adjustment may cause any part of real property owned by
757     the state to be within the geographic boundary of a different local governmental entity than
758     before the adjustment, by providing written notice, at least 50 days before the day of the public
759     hearing, to:
760          (i) the title holder of any state-owned real property described in this Subsection (3)(d);
761     and
762          (ii) the Utah State Developmental Center Board, created under Section 62A-5-202, if
763     any state-owned real property described in this Subsection (3)(d) is associated with the Utah
764     State Developmental Center; and
765          (e) if the municipality has a website, on the municipality's website for three weeks
766     before the day of the public hearing.
767          (4) The notice described in Subsection (3) shall:
768          (a) state that the municipal legislative body has adopted a resolution indicating the
769     municipal legislative body's intent to adjust a boundary that the municipality has in common

770     with another municipality;
771          (b) describe the area proposed to be adjusted;
772          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
773          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
774     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
775     protest to the adjustment is filed by:
776          (i) an owner of private real property that:
777          (A) is located within the area proposed for adjustment;
778          (B) covers at least 25% of the total private land area within the area proposed for
779     adjustment; and
780          (C) is equal in value to at least 15% of the value of all private real property within the
781     area proposed for adjustment; or
782          (ii) a title holder of state-owned real property described in Subsection (3)(d);
783          (e) state that the area that is the subject of the boundary adjustment will, because of the
784     boundary adjustment, be automatically annexed to a local district providing fire protection,
785     paramedic, and emergency services or a local district providing law enforcement service, as the
786     case may be, as provided in Section 17B-1-416, if:
787          (i) the municipality to which the area is being added because of the boundary
788     adjustment is entirely within the boundaries of a local district:
789          (A) that provides fire protection, paramedic, and emergency services or law
790     enforcement service, respectively; and
791          (B) in the creation of which an election was not required because of Subsection
792     17B-1-214(3)(c); and
793          (ii) the municipality from which the area is being taken because of the boundary
794     adjustment is not within the boundaries of the local district; and
795          (f) state that the area proposed for annexation to the municipality will be automatically
796     withdrawn from a local district providing fire protection, paramedic, and emergency services,
797     as provided in Subsection 17B-1-502(2), if:
798          (i) the municipality to which the area is being added because of the boundary
799     adjustment is not within the boundaries of a local district:
800          (A) that provides fire protection, paramedic, and emergency services; and

801          (B) in the creation of which an election was not required because of Subsection
802     17B-1-214(3)(c); and
803          (ii) the municipality from which the area is being taken because of the boundary
804     adjustment is entirely within the boundaries of the local district.
805          (5) The first publication of the notice described in Subsection (3)(a)(i) shall be within
806     14 days after the day on which the municipal legislative body adopts a resolution under
807     Subsection (2)(a).
808          (6) Upon conclusion of the public hearing described in Subsection (2)(b), the
809     municipal legislative body may adopt an ordinance approving the adjustment of the common
810     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
811     adjustment is filed with the city recorder or town clerk by a person described in Subsection
812     (3)(d)(i) or (ii).
813          (7) The municipal legislative body shall comply with the requirements of Section
814     10-2-425 as if the boundary adjustment were an annexation.
815          (8) (a) An ordinance adopted under Subsection (6) becomes effective when each
816     municipality involved in the boundary adjustment has adopted an ordinance under Subsection
817     (6).
818          (b) The effective date of a boundary adjustment under this section is governed by
819     Section 10-2-425.
820          Section 10. Section 10-2-501 is amended to read:
821          10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
822     Requirements upon filing request.
823          (1) As used in this part "petitioner" means:
824          (a) one or more persons who:
825          (i) own title to real property within the area proposed for disconnection; and
826          (ii) sign a request for disconnection proposing to disconnect the area proposed for
827     disconnection from the municipality; or
828          (b) the mayor of the municipality within which the area proposed for disconnection is
829     located who signs a request for disconnection proposing to disconnect the area proposed for
830     disconnection from the municipality.
831          (2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a

832     municipality shall file with that municipality's legislative body a request for disconnection.
833          (b) Each request for disconnection shall:
834          (i) contain the names, addresses, and signatures of the owners of more than 50% of any
835     private real property in the area proposed for disconnection;
836          (ii) give the reasons for the proposed disconnection;
837          (iii) include a map or plat of the territory proposed for disconnection; and
838          (iv) designate between one and five persons with authority to act on the petitioner's
839     behalf in the proceedings.
840          (3) Upon filing the request for disconnection, the petitioner shall publish notice of the
841     request:
842          (a) (i) once a week for three consecutive weeks before the public hearing described in
843     Section 10-2-502.5 in a newspaper of general circulation within the municipality;
844          (ii) if there is no newspaper of general circulation in the municipality, at least three
845     weeks before the day of the public hearing described in Section 10-2-502.5, by posting one
846     notice, and at least one additional notice per 2,000 population of the municipality, in places
847     within the municipality that are most likely to give notice to the residents within, and the
848     owners of real property located within, the municipality, including the residents who live in the
849     area proposed for disconnection; or
850          (iii) at least three weeks before the day of the public hearing described in Section
851     10-2-502.5, by mailing notice to each residence within, and each owner of real property located
852     within, the municipality;
853          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
854     three weeks before the day of the public hearing described in Section 10-2-502.5;
855          (c) in accordance with Section 45-1-101, for three weeks before the day of the public
856     hearing described in Section 10-2-502.5;
857          (d) by mailing notice to each owner of real property located within the area proposed to
858     be disconnected;
859          (e) by delivering a copy of the request to the legislative body of the county in which the
860     area proposed for disconnection is located; and
861          (f) if the municipality has a website, on the municipality's website for three weeks
862     before the day of the public hearing.

863          Section 11. Section 10-2-502.5 is amended to read:
864          10-2-502.5. Hearing on request for disconnection -- Determination by municipal
865     legislative body -- Petition in district court.
866          (1) No sooner than seven calendar days after, and no later than 30 calendar days after,
867     the last day on which the petitioner publishes the notice required under Subsection
868     10-2-501(3)(a), the legislative body of the municipality in which the area proposed for
869     disconnection is located shall hold a public hearing.
870          (2) The municipal legislative body shall provide notice of the public hearing:
871          (a) at least seven days before the hearing date, in writing to the petitioner and to the
872     legislative body of the county in which the area proposed for disconnection is located;
873           (b) (i) at least seven days before the hearing date, by publishing notice in a newspaper
874     of general circulation within the municipality;
875          (ii) if there is no newspaper of general circulation within the municipality, at least
876     seven days before the hearing date, by posting one notice, and at least one additional notice per
877     2,000 population of the municipality, in places within the municipality that are most likely to
878     give notice to residents within, and the owners of real property located within, the municipality;
879     or
880          (iii) at least 10 days before the hearing date, by mailing notice to each residence within,
881     and each owner of real property located within, the municipality;
882          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
883     seven days before the hearing date;
884          (d) in accordance with Section 45-1-101, for seven days before the hearing date; and
885          (e) if the municipality has a website, on the municipality's website for seven days
886     before the hearing date.
887          (3) In the public hearing, any person may speak and submit documents regarding the
888     disconnection proposal.
889          (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
890          (a) determine whether to grant the request for disconnection; and
891          (b) if the municipality determines to grant the request, adopt an ordinance approving
892     disconnection of the area from the municipality.
893          (5) (a) A petition against the municipality challenging the municipal legislative body's

894     determination under Subsection (4) may be filed in district court by:
895          (i) the petitioner; or
896          (ii) the county in which the area proposed for disconnection is located.
897          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
898     disconnection.
899          Section 12. Section 10-2-607 is amended to read:
900          10-2-607. Notice of election.
901          If the county legislative bodies find that the resolution or petition for consolidation and
902     their attachments substantially conform with the requirements of this part, the county
903     legislative bodies shall publish notice of the election for consolidation to the voters of each
904     municipality that would become part of the consolidated municipality:
905          (1) (a) in a newspaper of general circulation within the boundaries of the municipality
906     at least once a week for four consecutive weeks before the election;
907          (b) if there is no newspaper of general circulation in the municipality, at least four
908     weeks before the day of the election, by posting one notice, and at least one additional notice
909     per 2,000 population of the municipality, in places within the municipality that are most likely
910     to give notice to the voters in the municipality; or
911          (c) at least four weeks before the day of the election, by mailing notice to each
912     registered voter in the municipality;
913          (2) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
914     at least four weeks before the day of the election;
915          (3) in accordance with Section 45-1-101, for at least four weeks before the day of the
916     election; and
917          (4) if the municipality has a website, on the municipality's website for at least four
918     weeks before the day of the election.
919          Section 13. Section 10-2-708 is amended to read:
920          10-2-708. Notice of disincorporation -- Publication and filing.
921          When a municipality has been dissolved, the clerk of the court shall publish notice of
922     the dissolution:
923          (1) (a) in a newspaper of general circulation in the county in which the municipality is
924     located at least once a week for four consecutive weeks;

925          (b) if there is no newspaper of general circulation in the county in which the
926     municipality is located, by posting one notice, and at least one additional notice per 2,000
927     population of the county in places within the county that are most likely to give notice to the
928     residents within, and the owners of real property located within, the county, including the
929     residents and owners within the municipality that is dissolved; or
930          (c) by mailing notice to each residence within, and each owner of real property located
931     within, the county;
932          (2) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
933     four weeks;
934          (3) in accordance with Section 45-1-101, for four weeks;
935          (4) if the municipality has a website, on the municipality's website for four weeks; and
936          (5) on the county's website for four weeks.
937          Section 14. Section 10-2a-207 is amended to read:
938          10-2a-207. Public hearings on feasibility study results -- Notice of hearings.
939          (1) If the results of the feasibility study or supplemental feasibility study comply with
940     Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the
941     feasibility study or supplemental feasibility study, conduct at least two public hearings:
942          (a) within 60 days after the day on which the lieutenant governor receives the results;
943          (b) at least seven days apart;
944          (c) except in a proposed municipality that will be a city of the fifth class or a town, in
945     geographically diverse locations;
946          (d) within or near the proposed municipality;
947          (e) to allow the feasibility consultant to present the results of the feasibility study; and
948          (f) to inform the public about the results of the feasibility study.
949          (2) At each public hearing described in Subsection (1), the lieutenant governor shall:
950          (a) provide a map or plat of the boundary of the proposed municipality;
951          (b) provide a copy of the feasibility study for public review;
952          (c) allow members of the public to express views about the proposed incorporation,
953     including views about the proposed boundaries; and
954          (d) allow the public to ask the feasibility consultant questions about the feasibility
955     study.

956          (3) The lieutenant governor shall publish notice of the public hearings described in
957     Subsection (1):
958          (a) (i) at least once a week for three consecutive weeks before the first public hearing
959     in a newspaper of general circulation within the proposed municipality;
960          (ii) if there is no newspaper of general circulation in the proposed municipality, at least
961     three weeks before the day of the first public hearing, by posting one notice, and at least one
962     additional notice per 2,000 population of the proposed municipality, in places within the
963     proposed municipality that are most likely to give notice to the residents within, and the owners
964     of real property located within, the proposed municipality; or
965          (iii) at least three weeks before the first public hearing, by mailing notice to each
966     residence within, and each owner of real property located within, the proposed municipality;
967          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
968     three weeks before the day of the first public hearing;
969          (c) in accordance with Section 45-1-101, for three weeks before the day of the first
970     public hearing; and
971          (d) on the lieutenant governor's website for three weeks before the day of the first
972     public hearing.
973          (4) The last notice required to be published under Subsection (3)(a)(i) shall be at least
974     three days before the first public hearing required under Subsection (1).
975          (5) (a) Except as provided in Subsection (5)(b), the notice described in Subsection (3)
976     shall include the feasibility study summary described in Subsection 10-2a-205(3)(c) and shall
977     indicate that a full copy of the study is available on the lieutenant governor's website and for
978     inspection at the Office of the Lieutenant Governor.
979          (b) Instead of publishing the [feasability] feasibility summary under Subsection (5)(a),
980     the lieutenant governor may publish a statement that specifies the following sources where a
981     resident within, or the owner of real property located within, the proposed municipality, may
982     view or obtain a copy of the [feasability] feasibility study:
983          (i) the lieutenant governor's website;
984          (ii) the physical address of the Office of the Lieutenant Governor; and
985          (iii) a mailing address and telephone number.
986          Section 15. Section 10-2a-210 is amended to read:

987          10-2a-210. Incorporation election.
988          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
989     the lieutenant governor shall schedule an incorporation election for the proposed municipality
990     described in the petition to be held on the date of the next regular general election described in
991     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
992     is at least 65 days after the day on which the lieutenant governor certifies the petition.
993          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
994     which the proposed municipality is located to hold the election on the date that the lieutenant
995     governor schedules under Subsection (1)(a).
996          (ii) The county shall hold the election as directed by the lieutenant governor under
997     Subsection (1)(b)(i).
998          (2) The county clerk shall publish notice of the election:
999          (a) (i) in a newspaper of general circulation within the area proposed to be incorporated
1000     at least once a week for three successive weeks before the election;
1001          (ii) if there is no newspaper of general circulation in the area proposed to be
1002     incorporated, at least three weeks before the day of the election, by posting one notice, and at
1003     least one additional notice per 2,000 population of the area proposed to be incorporated, in
1004     places within the area proposed to be incorporated that are most likely to give notice to the
1005     voters within the area proposed to be incorporated; or
1006          (iii) at least three weeks before the day of the election, by mailing notice to each
1007     registered voter in the area proposed to be incorporated;
1008          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
1009     three weeks before the day of the election;
1010          (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
1011          (d) if the proposed municipality has a website, on the proposed municipality's website
1012     for three weeks before the day of the election; and
1013          (e) on the county's website for three weeks before the day of the election.
1014          (3) (a) The notice required by Subsection (2) shall contain:
1015          (i) a statement of the contents of the petition;
1016          (ii) a description of the area proposed to be incorporated as a municipality;
1017          (iii) a statement of the date and time of the election and the location of polling places;

1018     and
1019          (iv) except as provided in Subsection (3)(c), the feasibility study summary described in
1020     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1021     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1022          (b) The last notice required to be published under Subsection (2)(a)(i) shall be
1023     published at least one day, but no more than seven days, before the day of the election.
1024          (c) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the notice
1025     may include a statement that specifies the following sources where a registered voter in area
1026     proposed to be incorporated may view or obtain a copy the feasibility study:
1027          (i) the lieutenant governor's website;
1028          (ii) the physical address of the Office of the Lieutenant Governor; and
1029          (iii) a mailing address and telephone number.
1030          (4) An individual may not vote in an incorporation election under this section unless
1031     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1032     boundaries of the proposed municipality.
1033          (5) If a majority of those who vote in an incorporation election held under this section
1034     cast votes in favor of incorporation, the area shall incorporate.
1035          Section 16. Section 10-2a-213 is amended to read:
1036          10-2a-213. Determination of number of council members -- Determination of
1037     election districts -- Hearings and notice.
1038          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1039     after the day on which the county conducts the canvass of the election under Section
1040     10-2a-212:
1041          (a) for the incorporation of a city:
1042          (i) if the voters at the incorporation election choose the council-mayor form of
1043     government, determine the number of council members that will constitute the city council of
1044     the city; and
1045          (ii) if the voters at the incorporation election vote to elect council members by district,
1046     determine the number of council members to be elected by district and draw the boundaries of
1047     those districts, which shall be substantially equal in population; and
1048          (b) for the incorporation of any municipality:

1049          (i) determine the initial terms of the mayor and members of the municipal council so
1050     that:
1051          (A) the mayor and approximately half the members of the municipal council are
1052     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1053     successors to serve a full four-year term that coincides with the schedule established in
1054     Subsection 10-3-205(1); and
1055          (B) the remaining members of the municipal council are elected to serve an initial
1056     term, of no less than one year, that allows the members' successors to serve a full four-year
1057     term that coincides with the schedule established in Subsection 10-3-205(2); and
1058          (ii) submit in writing to the county legislative body the results of the determinations
1059     made by the sponsors under Subsections (1)(a) and (b)(i).
1060          (2) A newly incorporated town shall operate under the five-member council form of
1061     government as defined in Section 10-3b-102.
1062          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1063     sponsors shall hold a public hearing within the future municipality on the applicable issues
1064     described in Subsections (1)(a) and (b)(i).
1065          (4) The petition sponsors shall publish notice of the public hearing described in
1066     Subsection (3):
1067          (a) (i) in a newspaper of general circulation within the future municipality at least once
1068     a week for two successive weeks before the public hearing;
1069          (ii) if there is no newspaper of general circulation in the future municipality, at least
1070     two weeks before the day of the public hearing, by posting one notice, and at least one
1071     additional notice per 2,000 population of the future municipality, in places within the future
1072     municipality that are most likely to give notice to the residents within, and the owners of real
1073     property located within, the future municipality; or
1074          (iii) at least two weeks before the day of the public hearing, by mailing notice to each
1075     residence within, and each owner of real property located within, the future municipality;
1076          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
1077     two weeks before the day of the public hearing;
1078          (c) in accordance with Section 45-1-101, for at least two weeks before the day of the
1079     public hearing;

1080          (d) if the future municipality has a website, for two weeks before the day of the public
1081     hearing; and
1082          (e) on the county's website for two weeks before the day of the public hearing.
1083          (5) The last notice required to be published under Subsection (4)(a)(i) shall be
1084     published at least three days before the day of the public hearing described in Subsection (3).
1085          Section 17. Section 10-2a-214 is amended to read:
1086          10-2a-214. Notice of number of commission or council members to be elected and
1087     of district boundaries -- Declaration of candidacy for municipal office.
1088          (1) Within 20 days after the day on which a county legislative body receives the
1089     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1090     publish, in accordance with Subsection (2), notice containing:
1091          (a) the number of municipal council members to be elected for the new municipality;
1092          (b) except as provided in Subsection (3), if some or all of the municipal council
1093     members are to be elected by district, a description of the boundaries of those districts;
1094          (c) information about the deadline for an individual to file a declaration of candidacy to
1095     become a candidate for mayor or municipal council; and
1096          (d) information about the length of the initial term of each of the municipal officers.
1097          (2) The county clerk shall publish the notice described in Subsection (1):
1098          (a) (i) in a newspaper of general circulation within the future municipality at least once
1099     a week for two consecutive weeks;
1100          (ii) if there is no newspaper of general circulation in the future municipality, by posting
1101     one notice, and at least one additional notice per 2,000 population of the future municipality, in
1102     places within the future municipality that are most likely to give notice to the residents in the
1103     future municipality; or
1104          (iii) by mailing notice to each residence in the future municipality;
1105          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
1106     two weeks;
1107          (c) in accordance with Section 45-1-101, for two weeks;
1108          (d) if the future municipality has a website, on the future municipality's website for two
1109     weeks; and
1110          (e) on the county's website for two weeks.

1111          (3) Instead of publishing the district boundaries described in Subsection (1)(b), the
1112     notice may include a statement that specifies the following sources where a resident of the
1113     future municipality may view or obtain a copy the district:
1114          (a) the county website;
1115          (b) the physical address of the county offices; and
1116          (c) a mailing address and telephone number.
1117          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1118     candidate for mayor or municipal council of a municipality incorporating under this part shall
1119     file a declaration of candidacy with the clerk of the county in which the future municipality is
1120     located and in accordance with:
1121          (a) for an incorporation held on the date of a regular general election, the deadlines for
1122     filing a declaration of candidacy under Section 20A-9-202; or
1123          (b) for an incorporation held on the date of a municipal general election, the deadlines
1124     for filing a declaration of candidacy under Section 20A-9-203.
1125          Section 18. Section 10-2a-215 is amended to read:
1126          10-2a-215. Election of officers of new municipality -- Primary and final election
1127     dates -- County clerk duties -- Candidate duties -- Occupation of office.
1128          (1) For the election of municipal officers, the county legislative body shall:
1129          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1130     primary election; and
1131          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1132     final election.
1133          (2) Each election described in Subsection (1) shall be held:
1134          (a) consistent with the petition sponsors' determination of the length of each council
1135     member's initial term; and
1136          (b) for the incorporation of a city:
1137          (i) appropriate to the form of government chosen by the voters at the incorporation
1138     election;
1139          (ii) consistent with the voters' decision about whether to elect city council members by
1140     district and, if applicable, consistent with the boundaries of those districts as determined by the
1141     petition sponsors; and

1142          (iii) consistent with the sponsors' determination of the number of city council members
1143     to be elected.
1144          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1145     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1146          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1147          (ii) municipal primary election described in Section 20A-9-404.
1148          (b) The county shall hold the primary election, if necessary, on the next election date
1149     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1150     10-2a-210.
1151          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1152     Subsection (1)(b):
1153          (i) on the following election date that next follows the date of the incorporation
1154     election held under Subsection 10-2a-210(1)(a);
1155          (ii) a regular general election described in Section 20A-1-201; or
1156          (iii) a regular municipal general election under Section 20A-1-202.
1157          (b) The county shall hold the final election on the earliest of the next election date that
1158     is listed in Subsection (4)(a)(i), (ii), or (iii):
1159          (i) that is after a primary election; or
1160          (ii) if there is no primary election, that is at least:
1161          (A) 75 days after the incorporation election under Section 10-2a-210; and
1162          (B) 65 days after the candidate filing period.
1163          (5) The county clerk shall publish notice of an election under this section:
1164          (a) (i) in accordance with Subsection (6), at least once a week for two consecutive
1165     weeks before the election in a newspaper of general circulation within the future municipality;
1166          (ii) if there is no newspaper of general circulation in the future municipality, at least
1167     two weeks before the day of the election, by posting one notice, and at least one additional
1168     notice per 2,000 population of the future municipality, in places within the future municipality
1169     that are most likely to give notice to the voters within the future municipality; or
1170          (iii) at least two weeks before the day of the election, by mailing notice to each
1171     registered voter within the future municipality;
1172          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for

1173     two weeks before the day of the election;
1174          (c) in accordance with Section 45-1-101, for two weeks before the day of the election;
1175          (d) if the future municipality has a website, on the future municipality's website for two
1176     weeks before the day of the election; and
1177          (e) on the county's website for two weeks before the day of the election.
1178          (6) The last notice required to be published under Subsection (5)(a)(i) shall be
1179     published at least one day but no more than seven days before the day of the election.
1180          (7) Until the municipality is incorporated, the county clerk:
1181          (a) is the election officer for all purposes related to the election of municipal officers;
1182          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1183     related to the election of municipal officers for a new municipality that are not otherwise
1184     contrary to law;
1185          (c) shall require and determine deadlines for municipal office candidates to file
1186     campaign financial disclosures in accordance with Section 10-3-208; and
1187          (d) shall ensure that the ballot for the election includes each office that is required to be
1188     included in the election for officers of the newly incorporated municipality, including the term
1189     of each office.
1190          (8) An individual who has filed as a candidate for an office described in this section
1191     shall comply with:
1192          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1193          (b) the requirements and deadlines established by the county clerk under this section.
1194          (9) Notwithstanding Section 10-3-201, the officers elected at a final election described
1195     in Subsection (4)(a) shall take office:
1196          (a) after taking the oath of office; and
1197          (b) at noon on the first Monday following the day on which the election official
1198     transmits a certificate of nomination or election under the officer's seal to each elected
1199     candidate in accordance with Subsection 20A-4-304(4)(b).
1200          Section 19. Section 10-2a-405 is amended to read:
1201          10-2a-405. Duties of county legislative body -- Public hearing -- Notice -- Other
1202     election and incorporation issues -- Rural real property excluded.
1203          (1) The legislative body of a county of the first class shall before an election described

1204     in Section 10-2a-404:
1205          (a) in accordance with Subsection (3), publish notice of the public hearing described in
1206     Subsection (1)(b);
1207          (b) hold a public hearing; and
1208          (c) at the public hearing, adopt a resolution:
1209          (i) identifying, including a map prepared by the county surveyor, all unincorporated
1210     islands within the county;
1211          (ii) identifying each eligible city that will annex each unincorporated island, including
1212     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1213     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1214     and
1215          (iii) identifying, including a map prepared by the county surveyor, the planning
1216     townships within the county and any changes to the boundaries of a planning township that the
1217     county legislative body proposes under Subsection (5).
1218          (2) The county legislative body shall exclude from a resolution adopted under
1219     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1220     consent to include the property in accordance with Subsection (7).
1221          (3) (a) The county clerk shall publish notice of the public hearing described in
1222     Subsection (1)(b):
1223          (i) by mailing notice to each owner of real property located in an unincorporated island
1224     or planning township no later than 15 days before the day of the public hearing;
1225          (ii) at least once a week for three successive weeks in a newspaper of general
1226     circulation within each unincorporated island, each eligible city, and each planning township;
1227     and
1228          (iii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601,
1229     for three weeks before the day of the public hearing.
1230          (b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
1231     three days before the first public hearing required under Subsection (1)(b).
1232          (c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
1233     within an unincorporated island, an eligible city, or a planning township, the county clerk shall
1234     post at least one notice of the hearing per 1,000 population in conspicuous places within the

1235     selected unincorporated island, eligible city, or planning township, as applicable, that are most
1236     likely to give notice of the hearing to the residents of the unincorporated island, eligible city, or
1237     planning township.
1238          (ii) The clerk shall post the notices under Subsection (3)(c)(i) at least seven days before
1239     the hearing under Subsection (1)(b).
1240          (d) The notice under Subsection (3)(a) or (c) shall include:
1241          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1242     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1243     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1244     the eligible city or cities; or
1245          (B) for residents of a planning township, a statement that the property in the planning
1246     township shall be, pending the results of the election held under Section 10-2a-404,
1247     incorporated as a city, town, or metro township;
1248          (ii) the location and time of the public hearing; and
1249          (iii) the county website where a map may be accessed showing:
1250          (A) how the unincorporated island boundaries will change if annexed by an eligible
1251     city; or
1252          (B) how the planning township area boundaries will change, if applicable under
1253     Subsection (5), when the planning township incorporates as a metro township or as a city or
1254     town.
1255          (e) The county clerk shall publish a map described in Subsection (3)(d)(iii) on the
1256     county website.
1257          (4) The county legislative body may, by ordinance or resolution adopted at a public
1258     meeting and in accordance with applicable law, resolve an issue that arises with an election
1259     held in accordance with this part or the incorporation and establishment of a metro township in
1260     accordance with this part.
1261          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1262     meeting, change the boundaries of a planning township.
1263          (b) A change to a planning township boundary under this Subsection (5) is effective
1264     only upon the vote of the residents of the planning township at an election under Section
1265     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the

1266     boundaries of the planning township before the election.
1267          (c) The county legislative body:
1268          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1269     alteration:
1270          (A) affects less than 5% of the residents residing within the planning advisory area; and
1271          (B) does not increase the area located within the planning township's boundaries; and
1272          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1273     surrounded by one or more municipalities.
1274          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1275     annexation or an incorporation process that, if approved, would change the boundaries of a
1276     planning township.
1277          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1278          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
1279          (ii) that does not include residential units with a density greater than one unit per acre.
1280          (b) Unless an owner of rural real property gives written consent to a county legislative
1281     body, rural real property described in Subsection (7)(c) may not be:
1282          (i) included in a planning township identified under Subsection (1)(c); or
1283          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1284     part.
1285          (c) The following rural real property is subject to an owner's written consent under
1286     Subsection (7)(b):
1287          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1288     consisting of one or more tax parcels;
1289          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1290     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1291     more tax parcels;
1292          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1293     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1294     contiguous acres of rural real property consisting of one or more tax parcels; or
1295          (iv) rural real property that is located in whole or in part in one of the following as
1296     defined in Section 17-41-101:

1297          (A) an agricultural protection area;
1298          (B) an industrial protection area; or
1299          (C) a mining protection area.
1300          Section 20. Section 10-3-301 is amended to read:
1301          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
1302     office -- Mayor and recorder limitations.
1303          (1) As used in this section:
1304          (a) "Absent" means that an elected municipal officer fails to perform official duties,
1305     including the officer's failure to attend each regularly scheduled meeting that the officer is
1306     required to attend.
1307          (b) "Principal place of residence" means the same as that term is defined in Section
1308     20A-2-105.
1309          (c) "Secondary residence" means a place where an individual resides other than the
1310     individual's principal place of residence.
1311          (2) (a) On or before May 1 in a year in which there is a municipal general election, the
1312     municipal clerk shall publish a notice that identifies:
1313          (i) the municipal offices to be voted on in the municipal general election; and
1314          (ii) the dates for filing a declaration of candidacy for the offices identified under
1315     Subsection (2)(a)(i).
1316          (b) The municipal clerk shall publish the notice described in Subsection (2)(a):
1317          (i) on the Utah Public Notice Website established by Section [63F-1-701] 63A-16-601;
1318     and
1319          (ii) in at least one of the following ways:
1320          (A) at the principal office of the municipality;
1321          (B) in a newspaper of general circulation within the municipality at least once a week
1322     for two successive weeks in accordance with Section 45-1-101;
1323          (C) in a newsletter produced by the municipality;
1324          (D) on a website operated by the municipality; or
1325          (E) with a utility enterprise fund customer's bill.
1326          (3) (a) An individual who files a declaration of candidacy for a municipal office shall
1327     comply with the requirements described in Section 20A-9-203.

1328          (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
1329     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
1330     Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
1331          (A) Saturday or Sunday; or
1332          (B) state holiday as listed in Section 63G-1-301.
1333          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
1334     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
1335     (3)(b)(i) without maintaining office hours by:
1336          (A) posting the recorder's or clerk's contact information, including a phone number and
1337     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
1338     and, if available, on the municipal website; and
1339          (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
1340     via the contact information described in Subsection (3)(b)(ii)(A).
1341          (4) An individual elected to municipal office shall be a registered voter in the
1342     municipality in which the individual is elected.
1343          (5) (a) Each elected officer of a municipality shall maintain a principal place of
1344     residence within the municipality, and within the district that the elected officer represents,
1345     during the officer's term of office.
1346          (b) Except as provided in Subsection (6), an elected municipal office is automatically
1347     vacant if the officer elected to the municipal office, during the officer's term of office:
1348          (i) establishes a principal place of residence outside the district that the elected officer
1349     represents;
1350          (ii) resides at a secondary residence outside the district that the elected officer
1351     represents for a continuous period of more than 60 days while still maintaining a principal
1352     place of residence within the district;
1353          (iii) is absent from the district that the elected officer represents for a continuous period
1354     of more than 60 days; or
1355          (iv) fails to respond to a request, within 30 days after the day on which the elected
1356     officer receives the request, from the county clerk or the lieutenant governor seeking
1357     information to determine the officer's residency.
1358          (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the

1359     consent of the municipal legislative body in accordance with Subsection (6)(b) before the
1360     expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
1361          (i) reside at a secondary residence outside the district that the elected officer represents
1362     while still maintaining a principal place of residence within the district for a continuous period
1363     of up to one year during the officer's term of office; or
1364          (ii) be absent from the district that the elected officer represents for a continuous period
1365     of up to one year during the officer's term of office.
1366          (b) At a public meeting, the municipal legislative body may give the consent described
1367     in Subsection (6)(a) by majority vote after taking public comment regarding:
1368          (i) whether the legislative body should give the consent; and
1369          (ii) the length of time to which the legislative body should consent.
1370          (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
1371     treasurer.
1372          (b) The recorder of a municipality may not also serve as the municipal treasurer.
1373          (c) An individual who holds a county elected office may not, at the same time, hold a
1374     municipal elected office.
1375          (d) The restriction described in Subsection (7)(c) applies regardless of whether the
1376     individual is elected to the office or appointed to fill a vacancy in the office.
1377          Section 21. Section 10-3-818 is amended to read:
1378          10-3-818. Salaries in municipalities.
1379          (1) The elective and statutory officers of municipalities shall receive such
1380     compensation for their services as the governing body may fix by ordinance adopting
1381     compensation or compensation schedules enacted after public hearing.
1382          (2) Upon its own motion the governing body may review or consider the compensation
1383     of any officer or officers of the municipality or a salary schedule applicable to any officer or
1384     officers of the city for the purpose of determining whether or not it should be adopted, changed,
1385     or amended. In the event that the governing body decides that the compensation or
1386     compensation schedules should be adopted, changed, or amended, it shall set a time and place
1387     for a public hearing at which all interested persons shall be given an opportunity to be heard.
1388          (3) (a) Notice of the time, place, and purpose of the meeting shall be published at least
1389     seven days before the meeting by publication:

1390          (i) at least once in a newspaper published in the county within which the municipality
1391     is situated and generally circulated in the municipality; and
1392          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
1393          (b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
1394     given by posting this notice in three public places in the municipality.
1395          (4) After the conclusion of the public hearing, the governing body may enact an
1396     ordinance fixing, changing, or amending the compensation of any elective or appointive officer
1397     of the municipality or adopting a compensation schedule applicable to any officer or officers.
1398          (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
1399     establishing a salary or compensation schedule for its elective or appointive officers and any
1400     salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
1401     municipality has enacted an ordinance pursuant to the provisions of this chapter.
1402          (6) The compensation of all municipal officers shall be paid at least monthly out of the
1403     municipal treasury provided that municipalities having 1,000 or fewer population may by
1404     ordinance provide for the payment of its statutory officers less frequently. None of the
1405     provisions of this chapter shall be considered as limiting or restricting the authority to any
1406     municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
1407     Section 5, to determine the salaries of its elective and appointive officers or employees.
1408          Section 22. Section 10-5-107.5 is amended to read:
1409          10-5-107.5. Transfer of enterprise fund money to another fund.
1410          (1) As used in this section:
1411          (a) "Budget hearing" means a public hearing required under Section 10-5-108.
1412          (b) "Enterprise fund accounting data" means a detailed overview of the various
1413     enterprise funds of the town that includes:
1414          (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1415     cover, as applicable:
1416          (A) administrative and overhead costs of the town attributable to the operation of the
1417     enterprise for which the enterprise fund was created; and
1418          (B) other costs not associated with the enterprise for which the enterprise fund was
1419     created; and
1420          (ii) specific enterprise fund information.

1421          (c) "Enterprise fund hearing" means the public hearing required under Subsection
1422     (3)(d).
1423          (d) "Specific enterprise fund information" means:
1424          (i) the dollar amount of transfers from an enterprise fund to another fund; and
1425          (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1426     to another fund.
1427          (2) Subject to the requirements of this section, a town may transfer money in an
1428     enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1429     that is not directly related to the goods or services provided by the enterprise for which the
1430     enterprise fund was created.
1431          (3) The governing body of a town that intends to transfer money in an enterprise fund
1432     to another fund shall:
1433          (a) provide notice of the intended transfer as required under Subsection (4);
1434          (b) clearly identify in a separate section or document accompanying the town's
1435     tentative budget or, if an amendment to the town's budget includes or is based on an intended
1436     transfer, in a separate section or document accompanying the amendment to the town's budget:
1437          (i) the enterprise fund from which money is intended to be transferred; and
1438          (ii) the specific enterprise fund information for that enterprise fund;
1439          (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1440          (d) hold an enterprise fund hearing before the adoption of the town's budget or, if
1441     applicable, the amendment to the budget.
1442          (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1443     shall:
1444          (i) provide the notice described in Subsection (4)(b) by:
1445          (A) mailing a copy of the notice to users of the goods or services provided by the
1446     enterprise for which the enterprise fund was created, if the town regularly mails users a
1447     periodic billing for the goods or services;
1448          (B) emailing a copy of the notice to users of the goods or services provided by the
1449     enterprise for which the enterprise fund was created, if the town regularly emails users a
1450     periodic billing for the goods or services;
1451          (C) posting the notice on the Utah Public Notice Website created in Section

1452     [63F-1-701] 63A-16-601; and
1453          (D) if the town has a website, prominently posting the notice on the town's website
1454     until the enterprise fund hearing is concluded; and
1455          (ii) if the town communicates with the public through a social media platform, publish
1456     notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1457     media platform.
1458          (b) The notice required under Subsection (4)(a)(i) shall:
1459          (i) explain the intended transfer of enterprise fund money to another fund;
1460          (ii) include specific enterprise fund information for each enterprise fund from which
1461     money is intended to be transferred;
1462          (iii) provide the date, time, and place of the enterprise fund hearing; and
1463          (iv) explain the purpose of the enterprise fund hearing.
1464          (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1465     hearing and any other public hearing.
1466          (b) At an enterprise fund hearing, the governing body shall:
1467          (i) explain the intended transfer of enterprise fund money to another fund;
1468          (ii) provide enterprise fund accounting data to the public; and
1469          (iii) allow members of the public in attendance at the hearing to comment on:
1470          (A) the intended transfer of enterprise fund money to another fund; and
1471          (B) the enterprise fund accounting data.
1472          (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
1473     based on a transfer of money from an enterprise fund to another fund, the governing body shall:
1474          (i) within 60 days after adopting the budget or budget amendment:
1475          (A) mail a notice to users of the goods or services provided by the enterprise for which
1476     the enterprise fund was created, if the town regularly mails users a periodic billing for the
1477     goods or services; and
1478          (B) email a notice to users of the goods or services provided by the enterprise for
1479     which the enterprise fund was created, if the town regularly emails users a periodic billing for
1480     the goods or services;
1481          (ii) within seven days after adopting the budget or budget amendment:
1482          (A) post enterprise fund accounting data on the town's website, if the town has a

1483     website;
1484          (B) using the town's social media platform, publish notice of the adoption of a budget
1485     or budget amendment that includes or is based on a transfer of money from an enterprise fund
1486     to another fund, if the town communicates with the public through a social media platform; and
1487          (iii) within 30 days after adopting the budget, submit to the state auditor the specific
1488     enterprise fund information for each enterprise fund from which money will be transferred.
1489          (b) A notice required under Subsection (6)(a)(i) shall:
1490          (i) announce the adoption of a budget or budget amendment that includes or is based
1491     on a transfer of money from an enterprise fund to another fund; and
1492          (ii) include the specific enterprise fund information.
1493          (c) The governing body shall maintain the website posting required under Subsection
1494     (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
1495          Section 23. Section 10-5-108 is amended to read:
1496          10-5-108. Budget hearing -- Notice -- Adjustments.
1497          (1) Prior to the adoption of the final budget or an amendment to a budget, a town
1498     council shall hold a public hearing to receive public comment.
1499          (2) The town council shall provide notice of the place, purpose, and time of the public
1500     hearing by publishing notice at least seven days before the hearing:
1501          (a) (i) at least once in a newspaper of general circulation in the town; or
1502          (ii) if there is no newspaper of general circulation, then by posting the notice in three
1503     public places at least 48 hours before the hearing;
1504          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601; and
1505          (c) on the home page of the website, either in full or as a link, of the town or metro
1506     township, if the town or metro township has a publicly viewable website, until the hearing
1507     takes place.
1508          (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
1509     expenditures and revenues in conformity with this chapter.
1510          Section 24. Section 10-6-113 is amended to read:
1511          10-6-113. Budget -- Notice of hearing to consider adoption.
1512          At the meeting at which each tentative budget is adopted, the governing body shall
1513     establish the time and place of a public hearing to consider its adoption and shall order that

1514     notice of the public hearing be published at least seven days prior to the hearing:
1515          (1) (a) in at least one issue of a newspaper of general circulation published in the
1516     county in which the city is located; or
1517          (b) if there is not a newspaper as described in Subsection (1)(a), in three public places
1518     within the city;
1519          (2) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601; and
1520          (3) on the home page of the website, either in full or as a link, of the city or metro
1521     township, if the city or metro township has a publicly viewable website, until the hearing takes
1522     place.
1523          Section 25. Section 10-6-135.5 is amended to read:
1524          10-6-135.5. Transfer of enterprise fund money to another fund.
1525          (1) As used in this section:
1526          (a) "Budget hearing" means a public hearing required under Section 10-6-114.
1527          (b) "Enterprise fund accounting data" means a detailed overview of the various
1528     enterprise funds of the city that includes:
1529          (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1530     cover, as applicable:
1531          (A) administrative and overhead costs of the city attributable to the operation of the
1532     enterprise for which the enterprise fund was created; and
1533          (B) other costs not associated with the enterprise for which the enterprise fund was
1534     created; and
1535          (ii) specific enterprise fund information.
1536          (c) "Enterprise fund hearing" means the public hearing required under Subsection
1537     (3)(d).
1538          (d) "Specific enterprise fund information" means:
1539          (i) the dollar amount of transfers from an enterprise fund to another fund; and
1540          (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1541     to another fund.
1542          (2) Subject to the requirements of this section, a city may transfer money in an
1543     enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1544     that is not directly related to the goods or services provided by the enterprise for which the

1545     enterprise fund was created.
1546          (3) The governing body of a city that intends to transfer money in an enterprise fund to
1547     another fund shall:
1548          (a) provide notice of the intended transfer as required under Subsection (4);
1549          (b) clearly identify in a separate section or document accompanying the city's tentative
1550     budget or, if an amendment to the city's budget includes or is based on an intended transfer, in
1551     a separate section or document accompanying the amendment to the city's budget:
1552          (i) the enterprise fund from which money is intended to be transferred; and
1553          (ii) the specific enterprise fund information for that enterprise fund;
1554          (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1555          (d) hold an enterprise fund hearing before the adoption of the city's budget or, if
1556     applicable, the amendment to the budget.
1557          (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1558     shall:
1559          (i) provide the notice described in Subsection (4)(b) by:
1560          (A) mailing a copy of the notice to users of the goods or services provided by the
1561     enterprise for which the enterprise fund was created, if the city regularly mails users a periodic
1562     billing for the goods or services;
1563          (B) emailing a copy of the notice to users of the goods or services provided by the
1564     enterprise for which the enterprise fund was created, if the city regularly emails users a periodic
1565     billing for the goods or services;
1566          (C) posting the notice on the Utah Public Notice Website created in Section
1567     [63F-1-701] 63A-16-601; and
1568          (D) if the city has a website, prominently posting the notice on the city's website until
1569     the enterprise fund hearing is concluded; and
1570          (ii) if the city communicates with the public through a social media platform, publish
1571     notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1572     media platform.
1573          (b) The notice required under Subsection (4)(a)(i) shall:
1574          (i) explain the intended transfer of enterprise fund money to another fund;
1575          (ii) include specific enterprise fund information for each enterprise fund from which

1576     money is intended to be transferred;
1577          (iii) provide the date, time, and place of the enterprise fund hearing; and
1578          (iv) explain the purpose of the enterprise fund hearing.
1579          (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1580     hearing and any other public hearing.
1581          (b) At an enterprise fund hearing, the governing body shall:
1582          (i) explain the intended transfer of enterprise fund money to another fund;
1583          (ii) provide enterprise fund accounting data to the public; and
1584          (iii) allow members of the public in attendance at the hearing to comment on:
1585          (A) the intended transfer of enterprise fund money to another fund; and
1586          (B) the enterprise fund accounting data.
1587          (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
1588     based on a transfer of money from an enterprise fund to another fund, the governing body shall:
1589          (i) within 60 days after adopting the budget or budget amendment:
1590          (A) mail a notice to users of the goods or services provided by the enterprise for which
1591     the enterprise fund was created, if the city regularly mails users a periodic billing for the goods
1592     or services; and
1593          (B) email a notice to users of the goods or services provided by the enterprise for
1594     which the enterprise fund was created, if the city regularly emails users a periodic billing for
1595     the goods or services;
1596          (ii) within seven days after adopting the budget or budget amendment:
1597          (A) post enterprise fund accounting data on the city's website, if the city has a website;
1598          (B) using the city's social media platform, publish notice of the adoption of a budget or
1599     budget amendment that includes or is based on a transfer of money from an enterprise fund to
1600     another fund, if the city communicates with the public through a social media platform; and
1601          (iii) within 30 days after adopting the budget, submit to the state auditor the specific
1602     enterprise fund information for each enterprise fund from which money will be transferred.
1603          (b) A notice required under Subsection (6)(a)(i) shall:
1604          (i) announce the adoption of a budget or budget amendment that includes or is based
1605     on a transfer of money from an enterprise fund to another fund; and
1606          (ii) include the specific enterprise fund information.

1607          (c) The governing body shall maintain the website posting required under Subsection
1608     (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
1609          Section 26. Section 10-7-19 is amended to read:
1610          10-7-19. Election to authorize -- Notice -- Ballots.
1611          (1) Subject to Subsection (2), the board of commissioners or city council of any city, or
1612     the board of trustees of any incorporated town, may aid and encourage the building of railroads
1613     by granting to any railroad company, for depot or other railroad purposes, real property of the
1614     city or incorporated town, not necessary for municipal or public purposes, upon the limitations
1615     and conditions established by the board of commissioners, city council, or board of trustees.
1616          (2) A board of commissioners, city council, or board of trustees may not grant real
1617     property under Subsection (1) unless the grant is approved by the eligible voters of the city or
1618     town at the next municipal election, or at a special election called for that purpose by the board
1619     of commissioners, city council, or board of trustees.
1620          (3) If the question is submitted at a special election, the election shall be held as nearly
1621     as practicable in conformity with the general election laws of the state.
1622          (4) The board of commissioners, city council, or board of trustees shall publish notice
1623     of an election described in Subsections (2) and (3):
1624          (a) (i) in a newspaper of general circulation in the city or town once a week for four
1625     weeks before the election;
1626          (ii) if there is no newspaper of general circulation in the city or town, at least four
1627     weeks before the day of the election, by posting one notice, and at least one additional notice
1628     per 2,000 population of the city or town, in places within the city or town that are most likely to
1629     give notice to the voters in the city or town; or
1630          (iii) at least four weeks before the day of the election, by mailing notice to each
1631     registered voter in the city or town;
1632          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
1633     four weeks before the day of the election;
1634          (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
1635     and
1636          (d) if the municipality has a website, on the municipality's website for at least four
1637     weeks before the day of the election.

1638          (5) The board of commissioners, city council, or board of trustees shall cause ballots to
1639     be printed and provided to the eligible voters, which shall read: "For the proposed grant for
1640     depot or other railroad purposes: Yes. No."
1641          (6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
1642     city council, or board of trustees shall convey the real property to the railroad company.
1643          Section 27. Section 10-8-2 is amended to read:
1644          10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
1645     authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
1646          (1) (a) A municipal legislative body may:
1647          (i) appropriate money for corporate purposes only;
1648          (ii) provide for payment of debts and expenses of the corporation;
1649          (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
1650     dispose of real and personal property for the benefit of the municipality, whether the property is
1651     within or without the municipality's corporate boundaries, if the action is in the public interest
1652     and complies with other law;
1653          (iv) improve, protect, and do any other thing in relation to this property that an
1654     individual could do; and
1655          (v) subject to Subsection (2) and after first holding a public hearing, authorize
1656     municipal services or other nonmonetary assistance to be provided to or waive fees required to
1657     be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
1658          (b) A municipality may:
1659          (i) furnish all necessary local public services within the municipality;
1660          (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
1661     located and operating within and operated by the municipality; and
1662          (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
1663     located inside or outside the corporate limits of the municipality and necessary for any of the
1664     purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
1665     Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
1666          (c) Each municipality that intends to acquire property by eminent domain under
1667     Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
1668          (d) Subsection (1)(b) may not be construed to diminish any other authority a

1669     municipality may claim to have under the law to acquire by eminent domain property located
1670     inside or outside the municipality.
1671          (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
1672     the provisions of Subsection (3).
1673          (b) The total amount of services or other nonmonetary assistance provided or fees
1674     waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
1675     municipality's budget for that fiscal year.
1676          (3) It is considered a corporate purpose to appropriate money for any purpose that, in
1677     the judgment of the municipal legislative body, provides for the safety, health, prosperity,
1678     moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
1679     subject to this Subsection (3).
1680          (a) The net value received for any money appropriated shall be measured on a
1681     project-by-project basis over the life of the project.
1682          (b) (i) A municipal legislative body shall establish the criteria for a determination
1683     under this Subsection (3).
1684          (ii) A municipal legislative body's determination of value received is presumed valid
1685     unless a person can show that the determination was arbitrary, capricious, or illegal.
1686          (c) The municipality may consider intangible benefits received by the municipality in
1687     determining net value received.
1688          (d) (i) Before the municipal legislative body makes any decision to appropriate any
1689     funds for a corporate purpose under this section, the municipal legislative body shall hold a
1690     public hearing.
1691          (ii) The municipal legislative body shall publish a notice of the hearing described in
1692     Subsection (3)(d)(i):
1693          (A) in a newspaper of general circulation at least 14 days before the date of the hearing
1694     or, if there is no newspaper of general circulation, by posting notice in at least three
1695     conspicuous places within the municipality for the same time period; and
1696          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, at
1697     least 14 days before the date of the hearing.
1698          (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
1699     municipality shall perform a study that analyzes and demonstrates the purpose for an

1700     appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
1701          (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
1702     the municipality for review by interested parties at least 14 days immediately before the public
1703     hearing described in Subsection (3)(d)(i).
1704          (iii) A municipality shall consider the following factors when conducting the study
1705     described in Subsection (3)(e)(i):
1706          (A) what identified benefit the municipality will receive in return for any money or
1707     resources appropriated;
1708          (B) the municipality's purpose for the appropriation, including an analysis of the way
1709     the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
1710     peace, order, comfort, or convenience of the inhabitants of the municipality; and
1711          (C) whether the appropriation is necessary and appropriate to accomplish the
1712     reasonable goals and objectives of the municipality in the area of economic development, job
1713     creation, affordable housing, elimination of a development impediment, job preservation, the
1714     preservation of historic structures and property, and any other public purpose.
1715          (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
1716     to make an appropriation.
1717          (ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
1718     court within 30 days after the day on which the municipal legislative body makes a decision.
1719          (iii) Any appeal shall be based on the record of the proceedings before the legislative
1720     body.
1721          (iv) A decision of the municipal legislative body shall be presumed to be valid unless
1722     the appealing party shows that the decision was arbitrary, capricious, or illegal.
1723          (g) The provisions of this Subsection (3) apply only to those appropriations made after
1724     May 6, 2002.
1725          (h) This section applies only to appropriations not otherwise approved pursuant to Title
1726     10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
1727     Fiscal Procedures Act for Utah Cities.
1728          (4) (a) Before a municipality may dispose of a significant parcel of real property, the
1729     municipality shall:
1730          (i) provide reasonable notice of the proposed disposition at least 14 days before the

1731     opportunity for public comment under Subsection (4)(a)(ii); and
1732          (ii) allow an opportunity for public comment on the proposed disposition.
1733          (b) Each municipality shall, by ordinance, define what constitutes:
1734          (i) a significant parcel of real property for purposes of Subsection (4)(a); and
1735          (ii) reasonable notice for purposes of Subsection (4)(a)(i).
1736          (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
1737     real property for the purpose of expanding the municipality's infrastructure or other facilities
1738     used for providing services that the municipality offers or intends to offer shall provide written
1739     notice, as provided in this Subsection (5), of its intent to acquire the property if:
1740          (i) the property is located:
1741          (A) outside the boundaries of the municipality; and
1742          (B) in a county of the first or second class; and
1743          (ii) the intended use of the property is contrary to:
1744          (A) the anticipated use of the property under the general plan of the county in whose
1745     unincorporated area or the municipality in whose boundaries the property is located; or
1746          (B) the property's current zoning designation.
1747          (b) Each notice under Subsection (5)(a) shall:
1748          (i) indicate that the municipality intends to acquire real property;
1749          (ii) identify the real property; and
1750          (iii) be sent to:
1751          (A) each county in whose unincorporated area and each municipality in whose
1752     boundaries the property is located; and
1753          (B) each affected entity.
1754          (c) A notice under this Subsection (5) is a protected record as provided in Subsection
1755     63G-2-305(8).
1756          (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
1757     previously provided notice under Section 10-9a-203 identifying the general location within the
1758     municipality or unincorporated part of the county where the property to be acquired is located.
1759          (ii) If a municipality is not required to comply with the notice requirement of
1760     Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
1761     the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real

1762     property.
1763          Section 28. Section 10-8-15 is amended to read:
1764          10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.
1765          (1) As used in this section, "affected entity" means a:
1766          (a) county that has land use authority over land subject to an ordinance or regulation
1767     described in this section;
1768          (b) local health department, as that term is defined in Section 26A-1-102, that has
1769     jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
1770     described in this section;
1771          (c) municipality that has enacted or has the right to enact an ordinance or regulation
1772     described in this section over the land subject to an ordinance or regulation described in this
1773     section; and
1774          (d) municipality that has land use authority over land subject to an ordinance or
1775     regulation described in this section.
1776          (2) A municipality may construct or authorize the construction of waterworks within or
1777     without the municipal limits, and for the purpose of maintaining and protecting the same from
1778     injury and the water from pollution the municipality's jurisdiction shall extend over the territory
1779     occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
1780     in and necessary for the construction, maintenance and operation of the same, and over the
1781     stream or other source from which the water is taken, for 15 miles above the point from which
1782     it is taken and for a distance of 300 feet on each side of such stream and over highways along
1783     such stream or watercourse within said 15 miles and said 300 feet.
1784          (3) The jurisdiction of a city of the first class shall additionally be over the entire
1785     watershed within the county of origin of the city of the first class and subject to Subsection (6)
1786     provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
1787     source; and provided further, that the city of the first class shall provide a highway in and
1788     through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
1789     be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
1790     territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
1791     of the city may enact ordinances placing under police regulations the manner of driving such
1792     cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over

1793     which the city has jurisdiction.
1794          (4) A municipality may enact all ordinances and regulations necessary to carry the
1795     power herein conferred into effect, and is authorized and empowered to enact ordinances
1796     preventing pollution or contamination of the streams or watercourses from which the
1797     municipality derives the municipality's water supply, in whole or in part, for domestic and
1798     culinary purposes, and may enact ordinances prohibiting or regulating the construction or
1799     maintenance of any closet, privy, outhouse or urinal within the area over which the
1800     municipality has jurisdiction, and provide for permits for the construction and maintenance of
1801     the same.
1802          (5) In granting a permit described in Subsection (4), a municipality may annex thereto
1803     such reasonable conditions and requirements for the protection of the public health as the
1804     municipality determines proper, and may, if determined advisable, require that all closets,
1805     privies and urinals along such streams shall be provided with effective septic tanks or other
1806     germ-destroying instrumentalities.
1807          (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
1808     city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
1809     municipalities and counties that have jurisdiction over the area where the watershed is located.
1810          (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
1811     or regulation under the authority of this section shall:
1812          (i) hold a public hearing on the proposed ordinance or regulation; and
1813          (ii) give notice of the date, place, and time of the hearing, as described in Subsection
1814     (7)(b).
1815          (b) At least ten days before the day on which the public hearing described in
1816     Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
1817          (i) mailed to:
1818          (A) each affected entity;
1819          (B) the director of the Division of Drinking Water; and
1820          (C) the director of the Division of Water Quality; and
1821          (ii) published:
1822          (A) in a newspaper of general circulation in the county in which the land subject to the
1823     proposed ordinance or regulation is located; and

1824          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
1825          (c) An ordinance or regulation adopted under the authority of this section may not
1826     conflict with:
1827          (i) existing federal or state statutes; or
1828          (ii) a rule created pursuant to a federal or state statute governing drinking water or
1829     water quality.
1830          (d) A municipality that enacts an ordinance or regulation under the authority of this
1831     section shall:
1832          (i) provide a copy of the ordinance or regulation to each affected entity; and
1833          (ii) include a copy of the ordinance or regulation in the municipality's drinking water
1834     source protection plan.
1835          Section 29. Section 10-9a-203 is amended to read:
1836          10-9a-203. Notice of intent to prepare a general plan or comprehensive general
1837     plan amendments in certain municipalities.
1838          (1) Before preparing a proposed general plan or a comprehensive general plan
1839     amendment, each municipality within a county of the first or second class shall provide 10
1840     calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
1841     plan amendment:
1842          (a) to each affected entity;
1843          (b) to the Automated Geographic Reference Center created in Section [63F-1-506]
1844     63A-16-505;
1845          (c) to the association of governments, established pursuant to an interlocal agreement
1846     under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
1847     and
1848          (d) on the Utah Public Notice Website created under Section [63F-1-701] 63A-16-601.
1849          (2) Each notice under Subsection (1) shall:
1850          (a) indicate that the municipality intends to prepare a general plan or a comprehensive
1851     general plan amendment, as the case may be;
1852          (b) describe or provide a map of the geographic area that will be affected by the general
1853     plan or amendment;
1854          (c) be sent by mail, e-mail, or other effective means;

1855          (d) invite the affected entities to provide information for the municipality to consider in
1856     the process of preparing, adopting, and implementing a general plan or amendment concerning:
1857          (i) impacts that the use of land proposed in the proposed general plan or amendment
1858     may have; and
1859          (ii) uses of land within the municipality that the affected entity is considering that may
1860     conflict with the proposed general plan or amendment; and
1861          (e) include the address of an Internet website, if the municipality has one, and the name
1862     and telephone number of a person where more information can be obtained concerning the
1863     municipality's proposed general plan or amendment.
1864          Section 30. Section 10-9a-204 is amended to read:
1865          10-9a-204. Notice of public hearings and public meetings to consider general plan
1866     or modifications.
1867          (1) Each municipality shall provide:
1868          (a) notice of the date, time, and place of the first public hearing to consider the original
1869     adoption or any modification of all or any portion of a general plan; and
1870          (b) notice of each public meeting on the subject.
1871          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
1872     days before the public hearing and shall be:
1873          (a) (i) published in a newspaper of general circulation in the area; and
1874          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
1875     63A-16-601;
1876          (b) mailed to each affected entity; and
1877          (c) posted:
1878          (i) in at least three public locations within the municipality; or
1879          (ii) on the municipality's official website.
1880          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1881     before the meeting and shall be:
1882          (a) (i) submitted to a newspaper of general circulation in the area; and
1883          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
1884     63A-16-601; and
1885          (b) posted:

1886          (i) in at least three public locations within the municipality; or
1887          (ii) on the municipality's official website.
1888          Section 31. Section 10-9a-205 is amended to read:
1889          10-9a-205. Notice of public hearings and public meetings on adoption or
1890     modification of land use regulation.
1891          (1) Each municipality shall give:
1892          (a) notice of the date, time, and place of the first public hearing to consider the
1893     adoption or any modification of a land use regulation; and
1894          (b) notice of each public meeting on the subject.
1895          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1896          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1897          (b) posted:
1898          (i) in at least three public locations within the municipality; or
1899          (ii) on the municipality's official website; and
1900          (c) (i) (A) published in a newspaper of general circulation in the area at least 10
1901     calendar days before the public hearing; and
1902          (B) published on the Utah Public Notice Website created in Section [63F-1-701]
1903     63A-16-601, at least 10 calendar days before the public hearing; or
1904          (ii) mailed at least 10 days before the public hearing to:
1905          (A) each property owner whose land is directly affected by the land use ordinance
1906     change; and
1907          (B) each adjacent property owner within the parameters specified by municipal
1908     ordinance.
1909          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1910     before the meeting and shall be posted:
1911          (a) in at least three public locations within the municipality; or
1912          (b) on the municipality's official website.
1913          (4) (a) A municipality shall send a courtesy notice to each owner of private real
1914     property whose property is located entirely or partially within a proposed zoning map
1915     enactment or amendment at least 10 days before the scheduled day of the public hearing.
1916          (b) The notice shall:

1917          (i) identify with specificity each owner of record of real property that will be affected
1918     by the proposed zoning map or map amendments;
1919          (ii) state the current zone in which the real property is located;
1920          (iii) state the proposed new zone for the real property;
1921          (iv) provide information regarding or a reference to the proposed regulations,
1922     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
1923     amendment is adopted;
1924          (v) state that the owner of real property may no later than 10 days after the day of the
1925     first public hearing file a written objection to the inclusion of the owner's property in the
1926     proposed zoning map or map amendment;
1927          (vi) state the address where the property owner should file the protest;
1928          (vii) notify the property owner that each written objection filed with the municipality
1929     will be provided to the municipal legislative body; and
1930          (viii) state the location, date, and time of the public hearing described in Section
1931     10-9a-502.
1932          (c) If a municipality mails notice to a property owner in accordance with Subsection
1933     (2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
1934     Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
1935     than sent separately.
1936          Section 32. Section 10-9a-208 is amended to read:
1937          10-9a-208. Hearing and notice for petition to vacate a public street.
1938          (1) For any petition to vacate some or all of a public street or municipal utility
1939     easement the legislative body shall:
1940          (a) hold a public hearing; and
1941          (b) give notice of the date, place, and time of the hearing, as provided in Subsection
1942     (2).
1943          (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
1944     body shall ensure that the notice required under Subsection (1)(b) is:
1945          (a) mailed to the record owner of each parcel that is accessed by the public street or
1946     municipal utility easement;
1947          (b) mailed to each affected entity;

1948          (c) posted on or near the public street or municipal utility easement in a manner that is
1949     calculated to alert the public; and
1950          (d) (i) published on the website of the municipality in which the land subject to the
1951     petition is located until the public hearing concludes; and
1952          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
1953     63A-16-601.
1954          Section 33. Section 10-9a-603 is amended to read:
1955          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
1956     acknowledgment, surveyor certification, and underground utility facility owner
1957     verification of plat -- Recording plat.
1958          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
1959     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
1960     the land shall provide an accurate plat that describes or specifies:
1961          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
1962     the county recorder's office;
1963          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
1964     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
1965     intended to be used as a street or for any other public use, and whether any such area is
1966     reserved or proposed for dedication for a public purpose;
1967          (c) the lot or unit reference, block or building reference, street or site address, street
1968     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
1969     and width of the blocks and lots intended for sale; and
1970          (d) every existing right-of-way and easement grant of record for an underground
1971     facility, as defined in Section 54-8a-2, and for any other utility facility.
1972          (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the municipality's
1973     ordinances and this part and has been approved by the culinary water authority, the sanitary
1974     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
1975     health department and the municipality consider the local health department's approval
1976     necessary, the municipality shall approve the plat.
1977          (b) Municipalities are encouraged to receive a recommendation from the fire authority
1978     and the public safety answering point before approving a plat.

1979          (c) A municipality may not require that a plat be approved or signed by a person or
1980     entity who:
1981          (i) is not an employee or agent of the municipality; or
1982          (ii) does not:
1983          (A) have a legal or equitable interest in the property within the proposed subdivision;
1984          (B) provide a utility or other service directly to a lot within the subdivision;
1985          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
1986     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
1987     relation to the plat; or
1988          (D) provide culinary public water service whose source protection zone designated as
1989     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
1990          (d) For a subdivision application that includes land located within a notification zone,
1991     as determined under Subsection (2)(f), the land use authority shall:
1992          (i) within 20 days after the day on which a complete subdivision application is filed,
1993     provide written notice of the application to the canal owner or associated canal operator contact
1994     described in:
1995          (A) Section 10-9a-211;
1996          (B) Subsection 73-5-7(2); or
1997          (C) Subsection (5)(c); and
1998          (ii) wait to approve or reject the subdivision application for at least 20 days after the
1999     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
2000     to receive input from the canal owner or associated canal operator, including input regarding:
2001          (A) access to the canal;
2002          (B) maintenance of the canal;
2003          (C) canal protection; and
2004          (D) canal safety.
2005          (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
2006          (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
2007     canal owner or associated canal operator if:
2008          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
2009          (ii) the centerline alignment is available to the land use authority:

2010          (A) from information provided by the canal company under Section 10-9a-211, using
2011     mapping-grade global positioning satellite units or digitized data from the most recent aerial
2012     photo available to the canal owner or associated canal operator;
2013          (B) using the state engineer's inventory of canals under Section 73-5-7; or
2014          (C) from information provided by a surveyor under Subsection (5)(c).
2015          (3) The municipality may withhold an otherwise valid plat approval until the owner of
2016     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
2017     penalties owing on the land have been paid.
2018          (4) (a) Within 30 days after approving a final plat under this section, a municipality
2019     shall submit to the Automated Geographic Reference Center, created in Section [63F-1-506]
2020     63A-16-505, for inclusion in the unified statewide 911 emergency service database described
2021     in Subsection 63H-7a-304(4)(b):
2022          (i) an electronic copy of the approved final plat; or
2023          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
2024     for construction within the bounds of the approved plat.
2025          (b) If requested by the Automated Geographic Reference Center, a municipality that
2026     approves a final plat under this section shall:
2027          (i) coordinate with the Automated Geographic Reference Center to validate the
2028     information described in Subsection (4)(a); and
2029          (ii) assist the Automated Geographic Reference Center in creating electronic files that
2030     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
2031     911 emergency service database.
2032          (5) (a) A county recorder may not record a plat unless:
2033          (i) prior to recordation, the municipality has approved and signed the plat;
2034          (ii) each owner of record of land described on the plat has signed the owner's
2035     dedication as shown on the plat; and
2036          (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
2037     provided by law.
2038          (b) The surveyor making the plat shall certify that the surveyor:
2039          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2040     Professional Land Surveyors Licensing Act;

2041          (ii) has completed a survey of the property described on the plat in accordance with
2042     Section 17-23-17 and has verified all measurements; and
2043          (iii) has placed monuments as represented on the plat.
2044          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
2045     an existing or proposed underground facility or utility facility within the proposed subdivision,
2046     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
2047     depiction of the:
2048          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
2049     public or private easement, or grants of record;
2050          (B) location of an existing underground facility and utility facility; and
2051          (C) physical restrictions governing the location of the underground facility and utility
2052     facility within the subdivision.
2053          (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
2054          (A) indicates only that the plat approximates the location of the existing underground
2055     and utility facilities but does not warrant or verify their precise location; and
2056          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
2057     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
2058     applicable to prescriptive rights, or any other provision of law.
2059          (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
2060     certified, and approved, the individual seeking to record the plat shall, within the time period
2061     and manner designated by ordinance, record the plat in the county recorder's office in the
2062     county in which the lands platted and laid out are situated.
2063          (b) A failure to record a plat within the time period designated by ordinance renders the
2064     plat voidable by the land use authority.
2065          Section 34. Section 10-18-203 is amended to read:
2066          10-18-203. Feasibility study on providing cable television or public
2067     telecommunications services -- Public hearings.
2068          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
2069     the municipality shall require the feasibility consultant to:
2070          (a) complete the feasibility study in accordance with this section;
2071          (b) submit to the legislative body by no later than 180 days from the date the feasibility

2072     consultant is hired to conduct the feasibility study:
2073          (i) the full written results of the feasibility study; and
2074          (ii) a summary of the results that is no longer than one page in length; and
2075          (c) attend the public hearings described in Subsection (4) to:
2076          (i) present the feasibility study results; and
2077          (ii) respond to questions from the public.
2078          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
2079          (a) (i) if the municipality is proposing to provide cable television services to
2080     subscribers, whether the municipality providing cable television services in the manner
2081     proposed by the municipality will hinder or advance competition for cable television services
2082     in the municipality; or
2083          (ii) if the municipality is proposing to provide public telecommunications services to
2084     subscribers, whether the municipality providing public telecommunications services in the
2085     manner proposed by the municipality will hinder or advance competition for public
2086     telecommunications services in the municipality;
2087          (b) whether but for the municipality any person would provide the proposed:
2088          (i) cable television services; or
2089          (ii) public telecommunications services;
2090          (c) the fiscal impact on the municipality of:
2091          (i) the capital investment in facilities that will be used to provide the proposed:
2092          (A) cable television services; or
2093          (B) public telecommunications services; and
2094          (ii) the expenditure of funds for labor, financing, and administering the proposed:
2095          (A) cable television services; or
2096          (B) public telecommunications services;
2097          (d) the projected growth in demand in the municipality for the proposed:
2098          (i) cable television services; or
2099          (ii) public telecommunications services;
2100          (e) the projections at the time of the feasibility study and for the next five years, of a
2101     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
2102     facilities necessary to provide the proposed:

2103          (i) cable television services; or
2104          (ii) public telecommunications services; and
2105          (f) the projections at the time of the feasibility study and for the next five years of the
2106     revenues to be generated from the proposed:
2107          (i) cable television services; or
2108          (ii) public telecommunications services.
2109          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
2110     the feasibility consultant shall assume that the municipality will price the proposed cable
2111     television services or public telecommunications services consistent with Subsection
2112     10-18-303(5).
2113          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
2114     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
2115     receives the results of the feasibility study, shall schedule at least two public hearings to be
2116     held:
2117          (a) within 60 days of the meeting at which the public hearings are scheduled;
2118          (b) at least seven days apart; and
2119          (c) for the purpose of allowing:
2120          (i) the feasibility consultant to present the results of the feasibility study; and
2121          (ii) the public to:
2122          (A) become informed about the feasibility study results; and
2123          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2124          (5) (a) Except as provided in Subsection (5)(b), the municipality shall publish notice of
2125     the public hearings required under Subsection (4):
2126          (i) at least once a week for three consecutive weeks in a newspaper of general
2127     circulation in the municipality and at least three days before the first public hearing required
2128     under Subsection (4); and
2129          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
2130     three weeks, at least three days before the first public hearing required under Subsection (4).
2131          (b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
2132     circulation in the municipality, for each 1,000 residents, the municipality shall post at least one
2133     notice of the hearings in a conspicuous place within the municipality that is likely to give

2134     notice of the hearings to the greatest number of residents of the municipality.
2135          (ii) The municipality shall post the notices at least seven days before the first public
2136     hearing required under Subsection (4) is held.
2137          Section 35. Section 10-18-302 is amended to read:
2138          10-18-302. Bonding authority.
2139          (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
2140     legislative body of a municipality may by resolution determine to issue one or more revenue
2141     bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
2142     to subscribers:
2143          (a) a cable television service; or
2144          (b) a public telecommunications service.
2145          (2) The resolution described in Subsection (1) shall:
2146          (a) describe the purpose for which the indebtedness is to be created; and
2147          (b) specify the dollar amount of the one or more bonds proposed to be issued.
2148          (3) (a) A revenue bond issued under this section shall be secured and paid for:
2149          (i) from the revenues generated by the municipality from providing:
2150          (A) cable television services with respect to revenue bonds issued to finance facilities
2151     for the municipality's cable television services; and
2152          (B) public telecommunications services with respect to revenue bonds issued to finance
2153     facilities for the municipality's public telecommunications services; and
2154          (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues
2155     generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
2156          (A) notwithstanding Subsection 11-14-201(3) and except as provided in Subsections
2157     (4) and (5), the revenue bond is approved by the registered voters in an election held:
2158          (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
2159     11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
2160          (II) notwithstanding Subsection 11-14-203(2), at a regular general election;
2161          (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
2162     revenue bond; and
2163          (C) the municipality or municipalities annually appropriate the revenues described in
2164     this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.

2165          (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
2166     origination, financing, or other carrying costs associated with the one or more revenue bonds
2167     issued under this section from the town or city, respectively, general funds or other enterprise
2168     funds of the municipality.
2169          (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
2170     pursuant to an agreement:
2171          (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
2172          (ii) to which a municipality is a party.
2173          (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
2174     municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
2175     entity that issues revenue bonds, if:
2176          (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
2177     a member of a municipal entity that is issuing revenue bonds has published the first notice
2178     described in Subsection (4)(b)(iii);
2179          (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
2180     is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
2181     the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
2182     this Subsection (4)(b)(ii);
2183          (iii) the municipality that is issuing the revenue bonds or the municipality that is a
2184     member of the municipal entity that is issuing the revenue bonds has:
2185          (A) held a public hearing for which public notice was given by publication of the
2186     notice:
2187          (I) in a newspaper published in the municipality or in a newspaper of general
2188     circulation within the municipality for two consecutive weeks, with the first publication being
2189     not less than 14 days before the public hearing; and
2190          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
2191     two weeks before the public hearing; and
2192          (B) the notice identifies:
2193          (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
2194     Act;
2195          (II) the purpose for the bonds to be issued;

2196          (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2197     be pledged in any fiscal year;
2198          (IV) the maximum number of years that the pledge will be in effect; and
2199          (V) the time, place, and location for the public hearing;
2200          (iv) the municipal entity that issues revenue bonds:
2201          (A) adopts a final financing plan; and
2202          (B) in accordance with Title 63G, Chapter 2, Government Records Access and
2203     Management Act, makes available to the public at the time the municipal entity adopts the final
2204     financing plan:
2205          (I) the final financing plan; and
2206          (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
2207     Chapter 2, Government Records Access and Management Act;
2208          (v) any municipality that is a member of a municipal entity described in Subsection
2209     (4)(b)(iv):
2210          (A) not less than 30 calendar days after the municipal entity complies with Subsection
2211     (4)(b)(iv)(B), holds a final public hearing;
2212          (B) provides notice, at the time the municipality schedules the final public hearing, to
2213     any person who has provided to the municipality a written request for notice; and
2214          (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
2215     interested parties; and
2216          (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2217     more than 50% of the average annual debt service of all revenue bonds described in this section
2218     to provide service throughout the municipality or municipal entity may be paid from the
2219     revenues described in Subsection (3)(a)(ii).
2220          (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
2221     to a municipality that issues revenue bonds if:
2222          (a) the municipality that is issuing the revenue bonds has:
2223          (i) held a public hearing for which public notice was given by publication of the notice:
2224          (A) in a newspaper published in the municipality or in a newspaper of general
2225     circulation within the municipality for two consecutive weeks, with the first publication being
2226     not less than 14 days before the public hearing; and

2227          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
2228     14 days before the public hearing; and
2229          (ii) the notice identifies:
2230          (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2231     Bonding Act;
2232          (B) the purpose for the bonds to be issued;
2233          (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
2234     pledged in any fiscal year;
2235          (D) the maximum number of years that the pledge will be in effect; and
2236          (E) the time, place, and location for the public hearing; and
2237          (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2238     more than 50% of the average annual debt service of all revenue bonds described in this section
2239     to provide service throughout the municipality or municipal entity may be paid from the
2240     revenues described in Subsection (3)(a)(ii).
2241          (6) A municipality that issues bonds pursuant to this section may not make or grant any
2242     undue or unreasonable preference or advantage to itself or to any private provider of:
2243          (a) cable television services; or
2244          (b) public telecommunications services.
2245          Section 36. Section 11-13-204 is amended to read:
2246          11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
2247     services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
2248     lieutenant governor -- Recording requirements -- Public Service Commission.
2249          (1) (a) An interlocal entity:
2250          (i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the
2251     conduct of its business;
2252          (ii) may:
2253          (A) amend or repeal a bylaw, policy, or procedure;
2254          (B) sue and be sued;
2255          (C) have an official seal and alter that seal at will;
2256          (D) make and execute contracts and other instruments necessary or convenient for the
2257     performance of its duties and the exercise of its powers and functions;

2258          (E) acquire real or personal property, or an undivided, fractional, or other interest in
2259     real or personal property, necessary or convenient for the purposes contemplated in the
2260     agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
2261          (F) directly or by contract with another:
2262          (I) own and acquire facilities and improvements or an undivided, fractional, or other
2263     interest in facilities and improvements;
2264          (II) construct, operate, maintain, and repair facilities and improvements; and
2265          (III) provide the services contemplated in the agreement creating the interlocal entity
2266     and establish, impose, and collect rates, fees, and charges for the services provided by the
2267     interlocal entity;
2268          (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
2269     obligations and secure their payment by an assignment, pledge, or other conveyance of all or
2270     any part of the revenues and receipts from the facilities, improvements, or services that the
2271     interlocal entity provides;
2272          (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
2273     other obligations issued by the interlocal entity;
2274          (I) sell or contract for the sale of the services, output, product, or other benefits
2275     provided by the interlocal entity to:
2276          (I) public agencies inside or outside the state; and
2277          (II) with respect to any excess services, output, product, or benefits, any person on
2278     terms that the interlocal entity considers to be in the best interest of the public agencies that are
2279     parties to the agreement creating the interlocal entity; and
2280          (J) create a local disaster recovery fund in the same manner and to the same extent as
2281     authorized for a local government in accordance with Section 53-2a-605; and
2282          (iii) may not levy, assess, or collect ad valorem property taxes.
2283          (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to
2284     the extent provided by the documents under which the assignment, pledge, or other conveyance
2285     is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
2286     payable to the state or its political subdivisions.
2287          (2) An energy services interlocal entity:
2288          (a) except with respect to any ownership interest it has in facilities providing additional

2289     project capacity, is not subject to:
2290          (i) Part 3, Project Entity Provisions; or
2291          (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
2292     Pay Corporate Franchise or Income Tax Act; and
2293          (b) may:
2294          (i) own, acquire, and, by itself or by contract with another, construct, operate, and
2295     maintain a facility or improvement for the generation, transmission, and transportation of
2296     electric energy or related fuel supplies;
2297          (ii) enter into a contract to obtain a supply of electric power and energy and ancillary
2298     services, transmission, and transportation services, and supplies of natural gas and fuels
2299     necessary for the operation of generation facilities;
2300          (iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
2301     and others, whether located in or out of the state, for the sale of wholesale services provided by
2302     the energy services interlocal entity; and
2303          (iv) adopt and implement risk management policies and strategies and enter into
2304     transactions and agreements to manage the risks associated with the purchase and sale of
2305     energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
2306     and other instruments.
2307          (3) Notwithstanding Section 11-13-216, an agreement creating an interlocal entity or
2308     an amendment to that agreement may provide that the agreement may continue and the
2309     interlocal entity may remain in existence until the latest to occur of:
2310          (a) 50 years after the date of the agreement or amendment;
2311          (b) five years after the interlocal entity has fully paid or otherwise discharged all of its
2312     indebtedness;
2313          (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
2314     or transferred all of its interest in its facilities and improvements; or
2315          (d) five years after the facilities and improvements of the interlocal entity are no longer
2316     useful in providing the service, output, product, or other benefit of the facilities and
2317     improvements, as determined under the agreement governing the sale of the service, output,
2318     product, or other benefit.
2319          (4) (a) Upon execution of an agreement to approve the creation of an interlocal entity,

2320     including an electric interlocal entity and an energy services interlocal entity, the governing
2321     body of a member of the interlocal entity under Section 11-13-203 shall:
2322          (i) within 30 days after the date of the agreement, jointly file with the lieutenant
2323     governor:
2324          (A) a copy of a notice of an impending boundary action, as defined in Section
2325     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
2326          (B) if less than all of the territory of any Utah public agency that is a party to the
2327     agreement is included within the interlocal entity, a copy of an approved final local entity plat,
2328     as defined in Section 67-1a-6.5; and
2329          (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
2330     67-1a-6.5:
2331          (A) if the interlocal entity is located within the boundary of a single county, submit to
2332     the recorder of that county:
2333          (I) the original:
2334          (Aa) notice of an impending boundary action;
2335          (Bb) certificate of creation; and
2336          (Cc) approved final local entity plat, if an approved final local entity plat was required
2337     to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
2338          (II) a certified copy of the agreement approving the creation of the interlocal entity; or
2339          (B) if the interlocal entity is located within the boundaries of more than a single
2340     county:
2341          (I) submit to the recorder of one of those counties:
2342          (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
2343     (Cc); and
2344          (Bb) a certified copy of the agreement approving the creation of the interlocal entity;
2345     and
2346          (II) submit to the recorder of each other county:
2347          (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
2348     and (Cc); and
2349          (Bb) a certified copy of the agreement approving the creation of the interlocal entity.
2350          (b) Upon the lieutenant governor's issuance of a certificate of creation under Section

2351     67-1a-6.5, the interlocal entity is created.
2352          (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
2353     recorder of each county in which the property is located, a newly created interlocal entity may
2354     not charge or collect a fee for service provided to property within the interlocal entity.
2355          (5) Nothing in this section may be construed as expanding the rights of any
2356     municipality or interlocal entity to sell or provide retail service.
2357          (6) Except as provided in Subsection (7):
2358          (a) nothing in this section may be construed to expand or limit the rights of a
2359     municipality to sell or provide retail electric service; and
2360          (b) an energy services interlocal entity may not provide retail electric service to
2361     customers located outside the municipal boundaries of its members.
2362          (7) (a) An energy services interlocal entity created before July 1, 2003, that is
2363     comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1,
2364     2010, provided retail electric service to customers outside the municipal boundaries of its
2365     members, may provide retail electric service outside the municipal boundaries of its members
2366     if:
2367          (i) the energy services interlocal entity:
2368          (A) enters into a written agreement with each public utility holding a certificate of
2369     public convenience and necessity issued by the Public Service Commission to provide service
2370     within an agreed upon geographic area for the energy services interlocal entity to be
2371     responsible to provide electric service in the agreed upon geographic area outside the municipal
2372     boundaries of the members of the energy services interlocal entity; and
2373          (B) obtains a franchise agreement, with the legislative body of the county or other
2374     governmental entity for the geographic area in which the energy services interlocal entity
2375     provides service outside the municipal boundaries of its members; and
2376          (ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from
2377     the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A).
2378          (b) (i) The Public Service Commission shall, after a public hearing held in accordance
2379     with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in
2380     Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it
2381     incorporates the customer protections described in Subsection (7)(c) and the franchise

2382     agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a
2383     neutral arbiter or ombudsman for resolving potential future complaints by customers of the
2384     energy services interlocal entity.
2385          (ii) In approving an agreement, the Public Service Commission shall also amend the
2386     certificate of public convenience and necessity of any public utility described in Subsection
2387     (7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the
2388     public utility the geographic area that the energy services interlocal entity has agreed to serve.
2389          (c) In providing retail electric service to customers outside of the municipal boundaries
2390     of its members, but not within the municipal boundaries of another municipality that grants a
2391     franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal
2392     entity shall comply with the following:
2393          (i) the rates and conditions of service for customers outside the municipal boundaries
2394     of the members shall be at least as favorable as the rates and conditions of service for similarly
2395     situated customers within the municipal boundaries of the members;
2396          (ii) the energy services interlocal entity shall operate as a single entity providing
2397     service both inside and outside of the municipal boundaries of its members;
2398          (iii) a general rebate, refund, or other payment made to customers located within the
2399     municipal boundaries of the members shall also be provided to similarly situated customers
2400     located outside the municipal boundaries of the members;
2401          (iv) a schedule of rates and conditions of service, or any change to the rates and
2402     conditions of service, shall be approved by the governing board of the energy services
2403     interlocal entity;
2404          (v) before implementation of any rate increase, the governing board of the energy
2405     services interlocal entity shall first hold a public meeting to take public comment on the
2406     proposed increase, after providing at least 20 days and not more than 60 days' advance written
2407     notice to its customers on the ordinary billing and on the Utah Public Notice Website, created
2408     by Section [63F-1-701] 63A-16-601; and
2409          (vi) the energy services interlocal entity shall file with the Public Service Commission
2410     its current schedule of rates and conditions of service.
2411          (d) The Public Service Commission shall make the schedule of rates and conditions of
2412     service of the energy services interlocal entity available for public inspection.

2413          (e) Nothing in this section:
2414          (i) gives the Public Service Commission jurisdiction over the provision of retail
2415     electric service by an energy services interlocal entity within the municipal boundaries of its
2416     members; or
2417          (ii) makes an energy services interlocal entity a public utility under Title 54, Public
2418     Utilities.
2419          (f) Nothing in this section expands or diminishes the jurisdiction of the Public Service
2420     Commission over a municipality or an association of municipalities organized under Title 11,
2421     Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's
2422     language.
2423          (g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its
2424     authority to provide electric service to the extent authorized by Sections 11-13-202 and
2425     11-13-203 and Subsections 11-13-204(1) through (5).
2426          (ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves
2427     the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not
2428     provide retail electric service to customers located outside the municipal boundaries of its
2429     members, except for customers located within the geographic area described in the agreement.
2430          Section 37. Section 11-13-509 is amended to read:
2431          11-13-509. Hearing to consider adoption -- Notice.
2432          (1) At the meeting at which the tentative budget is adopted, the governing board shall:
2433          (a) establish the time and place of a public hearing to consider its adoption; and
2434          (b) except as provided in Subsection (2) or (5), order that notice of the hearing:
2435          (i) be published, at least seven days before the day of the hearing, in at least one issue
2436     of a newspaper of general circulation in a county in which the interlocal entity provides service
2437     to the public or in which its members are located, if such a newspaper is generally circulated in
2438     the county or counties; and
2439          (ii) be published at least seven days before the day of the hearing on the Utah Public
2440     Notice Website created in Section [63F-1-701] 63A-16-601.
2441          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
2442     required in Subsection (1)(b):
2443          (a) may be combined with the notice required under Section 59-2-919; and

2444          (b) shall be published in accordance with the advertisement provisions of Section
2445     59-2-919.
2446          (3) Proof that notice was given in accordance with Subsection (1)(b), (2), or (5) is
2447     prima facie evidence that notice was properly given.
2448          (4) If a notice required under Subsection (1)(b), (2), or (5) is not challenged within 30
2449     days after the day on which the hearing is held, the notice is adequate and proper.
2450          (5) A governing board of an interlocal entity with an annual operating budget of less
2451     than $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
2452          (a) mailing a written notice, postage prepaid, to each voter in an interlocal entity; and
2453          (b) posting the notice in three public places within the interlocal entity's service area.
2454          Section 38. Section 11-13-531 is amended to read:
2455          11-13-531. Imposing or increasing a fee for service provided by interlocal entity.
2456          (1) The governing board shall fix the rate for a service or commodity provided by the
2457     interlocal entity.
2458          (2) (a) Before imposing a new fee or increasing an existing fee for a service provided
2459     by an interlocal entity, an interlocal entity governing board shall first hold a public hearing at
2460     which interested persons may speak for or against the proposal to impose a fee or to increase an
2461     existing fee.
2462          (b) Each public hearing under Subsection (2)(a) shall be held on a weekday in the
2463     evening beginning no earlier than 6 p.m.
2464          (c) A public hearing required under this Subsection (2) may be combined with a public
2465     hearing on a tentative budget required under Section 11-13-510.
2466          (d) Except to the extent that this section imposes more stringent notice requirements,
2467     the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
2468     holding the public hearing under Subsection (2)(a).
2469          (3) (a) An interlocal entity board shall give notice of a hearing under Subsection (2)(a):
2470          (i) as provided in Subsection (3)(b)(i) or (c); and
2471          (ii) for at least 20 days before the day of the hearing on the Utah Public Notice
2472     Website, created by Section [63F-1-701] 63A-16-601.
2473          (b) (i) Except as provided by Subsection (3)(c)(i), the notice required under Subsection
2474     (2)(a) shall be published:

2475          (A) in a newspaper or combination of newspapers of general circulation in the
2476     interlocal entity, if there is a newspaper or combination of newspapers of general circulation in
2477     the interlocal entity; or
2478          (B) if there is no newspaper or combination of newspapers of general circulation in the
2479     interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population
2480     within the interlocal entity, at places within the interlocal entity that are most likely to provide
2481     actual notice to residents within the interlocal entity.
2482          (ii) The notice described in Subsection (3)(b)(i)(A):
2483          (A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
2484     point, and surrounded by a 1/4-inch border;
2485          (B) may not be placed in that portion of the newspaper where legal notices and
2486     classified advertisements appear;
2487          (C) whenever possible, shall appear in a newspaper that is published at least one day
2488     per week;
2489          (D) shall be in a newspaper or combination of newspapers of general interest and
2490     readership in the interlocal entity, and not of limited subject matter; and
2491          (E) shall be run once each week for the two weeks preceding the hearing.
2492          (iii) The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the
2493     interlocal entity board intends to impose or increase a fee for a service provided by the
2494     interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the
2495     notice, which shall be not less than seven days after the day the first notice is published, for the
2496     purpose of hearing comments regarding the proposed imposition or increase of a fee and to
2497     explain the reasons for the proposed imposition or increase.
2498          (c) (i) In lieu of providing notice under Subsection (3)(b)(i), the interlocal entity
2499     governing board may give the notice required under Subsection (2)(a) by mailing the notice to
2500     a person within the interlocal entity's service area who:
2501          (A) will be charged the fee for an interlocal entity's service, if the fee is being imposed
2502     for the first time; or
2503          (B) is being charged a fee, if the fee is proposed to be increased.
2504          (ii) Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii).
2505          (iii) A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an

2506     existing fee.
2507          (d) If the hearing required under this section is combined with the public hearing
2508     required under Section 11-13-510, the notice requirements under this Subsection (3) are
2509     satisfied if a notice that meets the requirements of Subsection (3)(b)(iii) is combined with the
2510     notice required under Section 11-13-509.
2511          (e) Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie
2512     evidence that notice was properly given.
2513          (f) If no challenge is made to the notice given of a public hearing required by
2514     Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate
2515     and proper.
2516          (4) After holding a public hearing under Subsection (2)(a), a governing board may:
2517          (a) impose the new fee or increase the existing fee as proposed;
2518          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2519     then impose the new fee or increase the existing fee as adjusted; or
2520          (c) decline to impose the new fee or increase the existing fee.
2521          (5) This section applies to each new fee imposed and each increase of an existing fee
2522     that occurs on or after May 12, 2015.
2523          (6) An interlocal entity that accepts an electronic payment may charge an electronic
2524     payment fee.
2525          Section 39. Section 11-14-202 is amended to read:
2526          11-14-202. Notice of election -- Contents -- Publication -- Mailing.
2527          (1) The governing body shall publish notice of the election:
2528          (a) (i) once per week for three consecutive weeks before the election in a newspaper of
2529     general circulation in the local political subdivision, in accordance with Section 11-14-316, the
2530     first publication occurring not less than 21, nor more than 35, days before the day of the
2531     election;
2532          (ii) if there is no newspaper of general circulation in the local political subdivision, at
2533     least 21 days before the day of the election, by posting one notice, and at least one additional
2534     notice per 2,000 population of the local political subdivision, in places within the local political
2535     subdivision that are most likely to give notice to the voters in the local political subdivision; or
2536          (iii) at least three weeks before the day of the election, by mailing notice to each

2537     registered voter in the local political subdivision;
2538          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
2539     three weeks before the day of the election;
2540          (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
2541     and
2542          (d) if the local political subdivision has a website, on the local political subdivision's
2543     website for at least three weeks before the day of the election.
2544          (2) When the debt service on the bonds to be issued will increase the property tax
2545     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2546     per year, the governing body shall prepare and mail either a voter information pamphlet or a
2547     notification described in Subsection (8):
2548          (a) at least 15 days, but not more than 45 days, before the bond election;
2549          (b) to each household containing a registered voter who is eligible to vote on the
2550     bonds; and
2551          (c) that includes the information required by Subsections (4) and (5).
2552          (3) The election officer may change the location of, or establish an additional:
2553          (a) voting precinct polling place, in accordance with Subsection (6);
2554          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2555          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
2556          (4) The notice described in Subsection (1) and the voter information pamphlet
2557     described in Subsection (2):
2558          (a) shall include, in the following order:
2559          (i) the date of the election;
2560          (ii) the hours during which the polls will be open;
2561          (iii) the address of the Statewide Electronic Voter Information Website and, if
2562     available, the address of the election officer's website, with a statement indicating that the
2563     election officer will post on the website the location of each polling place for each voting
2564     precinct, each early voting polling place, and each election day voting center, including any
2565     changes to the location of a polling place and the location of an additional polling place;
2566          (iv) a phone number that a voter may call to obtain information regarding the location
2567     of a polling place; and

2568          (v) the title and text of the ballot proposition, including the property tax cost of the
2569     bond described in Subsection 11-14-206(2)(a); and
2570          (b) may include the location of each polling place.
2571          (5) The voter information pamphlet required by this section shall include:
2572          (a) the information required under Subsection (4); and
2573          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2574     which may be based on information the governing body determines to be useful, including:
2575          (i) expected debt service on the bonds to be issued;
2576          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2577     outstanding general obligation bonds of the issuer;
2578          (iii) funds other than property taxes available to pay debt service on general obligation
2579     bonds;
2580          (iv) timing of expenditures of bond proceeds;
2581          (v) property values; and
2582          (vi) any additional information that the governing body determines may be useful to
2583     explain the property tax impact of issuance of the bonds.
2584          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2585     deadlines described in Subsections (1) and (2):
2586          (i) if necessary, change the location of a voting precinct polling place; or
2587          (ii) if the election officer determines that the number of voting precinct polling places
2588     is insufficient due to the number of registered voters who are voting, designate additional
2589     voting precinct polling places.
2590          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2591     location of a voting precinct polling place or designates an additional voting precinct polling
2592     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2593     times, and location of a changed voting precinct polling place or an additional voting precinct
2594     polling place:
2595          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2596     Information Website;
2597          (ii) by posting the information on the website of the election officer, if available; and
2598          (iii) by posting notice:

2599          (A) of a change in the location of a voting precinct polling place, at the new location
2600     and, if possible, the old location; and
2601          (B) of an additional voting precinct polling place, at the additional voting precinct
2602     polling place.
2603          (7) The governing body shall pay the costs associated with the notice required by this
2604     section.
2605          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2606     preaddressed return form that a person may use to request delivery of a voter information
2607     pamphlet by mail.
2608          (b) The notice described in Subsection (8)(a) shall include:
2609          (i) the website upon which the voter information pamphlet is available; and
2610          (ii) the phone number a voter may call to request delivery of a voter information
2611     pamphlet by mail.
2612          (9) A local school board shall comply with the voter information pamphlet
2613     requirements described in Section 53G-4-603.
2614          Section 40. Section 11-14-318 is amended to read:
2615          11-14-318. Public hearing required.
2616          (1) Before issuing bonds authorized under this chapter, a local political subdivision
2617     shall:
2618          (a) in accordance with Subsection (2), provide public notice of the local political
2619     subdivision's intent to issue bonds; and
2620          (b) hold a public hearing:
2621          (i) if an election is required under this chapter:
2622          (A) no sooner than 30 days before the day on which the notice of election is published
2623     under Section 11-14-202; and
2624          (B) no later than five business days before the day on which the notice of election is
2625     published under Section 11-14-202; and
2626          (ii) to receive input from the public with respect to:
2627          (A) the issuance of the bonds; and
2628          (B) the potential economic impact that the improvement, facility, or property for which
2629     the bonds pay all or part of the cost will have on the private sector.

2630          (2) A local political subdivision shall:
2631          (a) publish the notice required by Subsection (1)(a):
2632          (i) once each week for two consecutive weeks in the official newspaper described in
2633     Section 11-14-316 with the first publication being not less than 14 days before the public
2634     hearing required by Subsection (1)(b); and
2635          (ii) on the Utah Public Notice Website, created under Section [63F-1-701]
2636     63A-16-601, no less than 14 days before the public hearing required by Subsection (1)(b); and
2637          (b) ensure that the notice:
2638          (i) identifies:
2639          (A) the purpose for the issuance of the bonds;
2640          (B) the maximum principal amount of the bonds to be issued;
2641          (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
2642          (D) the time, place, and location of the public hearing; and
2643          (ii) informs the public that the public hearing will be held for the purposes described in
2644     Subsection (1)(b)(ii).
2645          Section 41. Section 11-36a-503 is amended to read:
2646          11-36a-503. Notice of preparation of an impact fee analysis.
2647          (1) Before preparing or contracting to prepare an impact fee analysis, each local
2648     political subdivision or, subject to Subsection (2), private entity shall post a public notice on
2649     the Utah Public Notice Website created under Section [63F-1-701] 63A-16-601.
2650          (2) For a private entity required to post notice on the Utah Public Notice Website under
2651     Subsection (1):
2652          (a) the private entity shall give notice to the general purpose local government in which
2653     the private entity's primary business is located; and
2654          (b) the general purpose local government described in Subsection (2)(a) shall post the
2655     notice on the Utah Public Notice Website.
2656          Section 42. Section 11-36a-504 is amended to read:
2657          11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing --
2658     Protections.
2659          (1) Before adopting an impact fee enactment:
2660          (a) a municipality legislative body shall:

2661          (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee
2662     enactment were a land use regulation;
2663          (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment
2664     were a land use regulation; and
2665          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2666     Section 10-9a-801 as if the impact fee were a land use regulation;
2667          (b) a county legislative body shall:
2668          (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee
2669     enactment were a land use regulation;
2670          (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee
2671     enactment were a land use regulation; and
2672          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2673     Section 17-27a-801 as if the impact fee were a land use regulation;
2674          (c) a local district or special service district shall:
2675          (i) comply with the notice and hearing requirements of Section 17B-1-111; and
2676          (ii) receive the protections of Section 17B-1-111;
2677          (d) a local political subdivision shall at least 10 days before the day on which a public
2678     hearing is scheduled in accordance with this section:
2679          (i) make a copy of the impact fee enactment available to the public; and
2680          (ii) post notice of the local political subdivision's intent to enact or modify the impact
2681     fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice
2682     Website created under Section [63F-1-701] 63A-16-601; and
2683          (e) a local political subdivision shall submit a copy of the impact fee analysis and a
2684     copy of the summary of the impact fee analysis prepared in accordance with Section
2685     11-36a-303 on its website or to each public library within the local political subdivision.
2686          (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
2687     commission in the impact fee enactment process.
2688          Section 43. Section 11-42-202 is amended to read:
2689          11-42-202. Requirements applicable to a notice of a proposed assessment area
2690     designation.
2691          (1) Each notice required under Subsection 11-42-201(2)(a) shall:

2692          (a) state that the local entity proposes to:
2693          (i) designate one or more areas within the local entity's jurisdictional boundaries as an
2694     assessment area;
2695          (ii) provide an improvement to property within the proposed assessment area; and
2696          (iii) finance some or all of the cost of improvements by an assessment on benefitted
2697     property within the assessment area;
2698          (b) describe the proposed assessment area by any reasonable method that allows an
2699     owner of property in the proposed assessment area to determine that the owner's property is
2700     within the proposed assessment area;
2701          (c) describe, in a general and reasonably accurate way, the improvements to be
2702     provided to the assessment area, including:
2703          (i) the nature of the improvements; and
2704          (ii) the location of the improvements, by reference to streets or portions or extensions
2705     of streets or by any other means that the governing body chooses that reasonably describes the
2706     general location of the improvements;
2707          (d) state the estimated cost of the improvements as determined by a project engineer;
2708          (e) for the version of notice mailed in accordance with Subsection (4)(b), state the
2709     estimated total assessment specific to the benefitted property for which the notice is mailed;
2710          (f) state that the local entity proposes to levy an assessment on benefitted property
2711     within the assessment area to pay some or all of the cost of the improvements according to the
2712     estimated benefits to the property from the improvements;
2713          (g) if applicable, state that an unassessed benefitted government property will receive
2714     improvements for which the cost will be allocated proportionately to the remaining benefitted
2715     properties within the proposed assessment area and that a description of each unassessed
2716     benefitted government property is available for public review at the location or website
2717     described in Subsection (6);
2718          (h) state the assessment method by which the governing body proposes to calculate the
2719     proposed assessment, including, if the local entity is a municipality or county, whether the
2720     assessment will be collected:
2721          (i) by directly billing a property owner; or
2722          (ii) by inclusion on a property tax notice issued in accordance with Section 59-2-1317

2723     and in compliance with Section 11-42-401;
2724          (i) state:
2725          (i) the date described in Section 11-42-203 and the location at which protests against
2726     designation of the proposed assessment area or of the proposed improvements are required to
2727     be filed;
2728          (ii) the method by which the governing body will determine the number of protests
2729     required to defeat the designation of the proposed assessment area or acquisition or
2730     construction of the proposed improvements; and
2731          (iii) in large, boldface, and conspicuous type that a property owner must protest the
2732     designation of the assessment area in writing if the owner objects to the area designation or
2733     being assessed for the proposed improvements, operation and maintenance costs, or economic
2734     promotion activities;
2735          (j) state the date, time, and place of the public hearing required in Section 11-42-204;
2736          (k) if the governing body elects to create and fund a reserve fund under Section
2737     11-42-702, include a description of:
2738          (i) how the reserve fund will be funded and replenished; and
2739          (ii) how remaining money in the reserve fund is to be disbursed upon full payment of
2740     the bonds;
2741          (l) if the governing body intends to designate a voluntary assessment area, include a
2742     property owner consent form that:
2743          (i) estimates the total assessment to be levied against the particular parcel of property;
2744          (ii) describes any additional benefits that the governing body expects the assessed
2745     property to receive from the improvements;
2746          (iii) designates the date and time by which the fully executed consent form is required
2747     to be submitted to the governing body; and
2748          (iv) if the governing body intends to enforce an assessment lien on the property in
2749     accordance with Subsection 11-42-502.1(2)(a)(ii)(C):
2750          (A) appoints a trustee that satisfies the requirements described in Section 57-1-21;
2751          (B) gives the trustee the power of sale;
2752          (C) is binding on the property owner and all successors; and
2753          (D) explains that if an assessment or an installment of an assessment is not paid when

2754     due, the local entity may sell the property owner's property to satisfy the amount due plus
2755     interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
2756          (m) if the local entity intends to levy an assessment to pay operation and maintenance
2757     costs or for economic promotion activities, include:
2758          (i) a description of the operation and maintenance costs or economic promotion
2759     activities to be paid by assessments and the initial estimated annual assessment to be levied;
2760          (ii) a description of how the estimated assessment will be determined;
2761          (iii) a description of how and when the governing body will adjust the assessment to
2762     reflect the costs of:
2763          (A) in accordance with Section 11-42-406, current economic promotion activities; or
2764          (B) current operation and maintenance costs;
2765          (iv) a description of the method of assessment if different from the method of
2766     assessment to be used for financing any improvement; and
2767          (v) a statement of the maximum number of years over which the assessment will be
2768     levied for:
2769          (A) operation and maintenance costs; or
2770          (B) economic promotion activities;
2771          (n) if the governing body intends to divide the proposed assessment area into
2772     classifications under Subsection 11-42-201(1)(b), include a description of the proposed
2773     classifications;
2774          (o) if applicable, state the portion and value of the improvement that will be increased
2775     in size or capacity to serve property outside of the assessment area and how the increases will
2776     be financed; and
2777          (p) state whether the improvements will be financed with a bond and, if so, the
2778     currently estimated interest rate and term of financing, subject to Subsection (2), for which the
2779     benefitted properties within the assessment area may be obligated.
2780          (2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
2781     interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
2782     subject to the market rate at the time of the issuance of the bond.
2783          (3) A notice required under Subsection 11-42-201(2)(a) may contain other information
2784     that the governing body considers to be appropriate, including:

2785          (a) the amount or proportion of the cost of the improvement to be paid by the local
2786     entity or from sources other than an assessment;
2787          (b) the estimated total amount of each type of assessment for the various improvements
2788     to be financed according to the method of assessment that the governing body chooses; and
2789          (c) provisions for any improvements described in Subsection 11-42-102(24)(a)(ii).
2790          (4) Each notice required under Subsection 11-42-201(2)(a) shall:
2791          (a) (i) (A) be published in a newspaper of general circulation within the local entity's
2792     jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
2793     least five but not more than 20 days before the day of the hearing required in Section
2794     11-42-204; or
2795          (B) if there is no newspaper of general circulation within the local entity's jurisdictional
2796     boundaries, be posted in at least three public places within the local entity's jurisdictional
2797     boundaries at least 20 but not more than 35 days before the day of the hearing required in
2798     Section 11-42-204; and
2799          (ii) be published on the Utah Public Notice Website described in Section [63F-1-701]
2800     63A-16-601 for four weeks before the deadline for filing protests specified in the notice under
2801     Subsection (1)(i); and
2802          (b) be mailed, postage prepaid, within 10 days after the first publication or posting of
2803     the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
2804     assessment area at the property owner's mailing address.
2805          (5) (a) The local entity may record the version of the notice that is published or posted
2806     in accordance with Subsection (4)(a) with the office of the county recorder, by legal description
2807     and tax identification number as identified in county records, against the property proposed to
2808     be assessed.
2809          (b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
2810     after the day on which the local entity records the notice if the local entity has failed to adopt
2811     the designation ordinance or resolution under Section 11-42-201 designating the assessment
2812     area for which the notice was recorded.
2813          (6) A local entity shall make available on the local entity's website, or, if no website is
2814     available, at the local entity's place of business, the address and type of use of each unassessed
2815     benefitted government property described in Subsection (1)(g).

2816          (7) If a governing body fails to provide actual or constructive notice under this section,
2817     the local entity may not assess a levy against a benefitted property omitted from the notice
2818     unless:
2819          (a) the property owner gives written consent;
2820          (b) the property owner received notice under Subsection 11-42-401(2)(a)(iii) and did
2821     not object to the levy of the assessment before the final hearing of the board of equalization; or
2822          (c) the benefitted property is conveyed to a subsequent purchaser and, before the date
2823     of conveyance, the requirements of Subsections 11-42-206(3)(a)(i) and (ii), or, if applicable,
2824     Subsection 11-42-207(1)(d)(i) are met.
2825          Section 44. Section 11-42-402 is amended to read:
2826          11-42-402. Notice of assessment and board of equalization hearing.
2827          Each notice required under Subsection 11-42-401(2)(a)(iii) shall:
2828          (1) state:
2829          (a) that an assessment list is completed and available for examination at the offices of
2830     the local entity;
2831          (b) the total estimated or actual cost of the improvements;
2832          (c) the amount of the total estimated or actual cost of the proposed improvements to be
2833     paid by the local entity;
2834          (d) the amount of the assessment to be levied against benefitted property within the
2835     assessment area;
2836          (e) the assessment method used to calculate the proposed assessment;
2837          (f) the unit cost used to calculate the assessments shown on the assessment list, based
2838     on the assessment method used to calculate the proposed assessment; and
2839          (g) the dates, times, and place of the board of equalization hearings under Subsection
2840     11-42-401(2)(b)(i);
2841          (2) (a) beginning at least 20 but not more than 35 days before the day on which the first
2842     hearing of the board of equalization is held:
2843          (i) be published at least once in a newspaper of general circulation within the local
2844     entity's jurisdictional boundaries; or
2845          (ii) if there is no newspaper of general circulation within the local entity's jurisdictional
2846     boundaries, be posted in at least three public places within the local entity's jurisdictional

2847     boundaries; and
2848          (b) be published on the Utah Public Notice Website created in Section [63F-1-701]
2849     63A-16-601 for 35 days immediately before the day on which the first hearing of the board of
2850     equalization is held; and
2851          (3) be mailed, postage prepaid, within 10 days after the first publication or posting of
2852     the notice under Subsection (2) to each owner of property to be assessed within the proposed
2853     assessment area at the property owner's mailing address.
2854          Section 45. Section 11-58-502 is amended to read:
2855          11-58-502. Public meeting to consider and discuss draft project area plan --
2856     Notice -- Adoption of plan.
2857          (1) The board shall hold at least one public meeting to consider and discuss a draft
2858     project area plan.
2859          (2) At least 10 days before holding a public meeting under Subsection (1), the board
2860     shall give notice of the public meeting:
2861          (a) to each taxing entity;
2862          (b) to a municipality in which the proposed project area is located or that is located
2863     within one-half mile of the proposed project area; and
2864          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
2865          (3) Following consideration and discussion of the draft project area plan, and any
2866     modification of the project area plan under Subsection 11-58-501(2)(d), the board may adopt
2867     the draft project area plan or modified draft project area plan as the project area plan.
2868          Section 46. Section 11-58-503 is amended to read:
2869          11-58-503. Notice of project area plan adoption -- Effective date of plan -- Time
2870     for challenging a project area plan or project area.
2871          (1) Upon the board's adoption of a project area plan, the board shall provide notice as
2872     provided in Subsection (2) by publishing or causing to be published legal notice:
2873          (a) in a newspaper of general circulation within or near the project area; and
2874          (b) as required by Section 45-1-101.
2875          (2) (a) Each notice under Subsection (1) shall include:
2876          (i) the board resolution adopting the project area plan or a summary of the resolution;
2877     and

2878          (ii) a statement that the project area plan is available for general public inspection and
2879     the hours for inspection.
2880          (b) The statement required under Subsection (2)(a)(ii) may be included within the
2881     board resolution adopting the project area plan or within the summary of the resolution.
2882          (3) The project area plan shall become effective on the date designated in the board
2883     resolution.
2884          (4) The authority shall make the adopted project area plan available to the general
2885     public at its offices during normal business hours.
2886          (5) Within 10 days after the day on which a project area plan is adopted that establishes
2887     a project area, or after an amendment to a project area plan is adopted under which the
2888     boundary of a project area is modified, the authority shall send notice of the establishment or
2889     modification of the project area and an accurate map or plat of the project area to:
2890          (a) the State Tax Commission;
2891          (b) the Automated Geographic Reference Center created in Section [63F-1-506]
2892     63A-16-505; and
2893          (c) the assessor and recorder of each county where the project area is located.
2894          (6) (a) A legal action or other challenge to a project area plan or a project area
2895     described in a project area plan is barred unless brought within 30 days after the effective date
2896     of the project area plan.
2897          (b) A legal action or other challenge to a project area that consists of authority
2898     jurisdictional land is barred unless brought within 30 days after the board adopts a business
2899     plan under Subsection 11-58-202(1)(a) for the authority jurisdictional land.
2900          Section 47. Section 11-58-801 is amended to read:
2901          11-58-801. Annual port authority budget -- Fiscal year -- Public hearing required
2902     -- Auditor forms -- Requirement to file annual budget.
2903          (1) The authority shall prepare and its board adopt an annual budget of revenues and
2904     expenditures for the authority for each fiscal year.
2905          (2) Each annual authority budget shall be adopted before June 22, except that the
2906     authority's initial budget shall be adopted as soon as reasonably practicable after the
2907     organization of the board and the beginning of authority operations.
2908          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.

2909          (4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
2910     annual budget.
2911          (b) The authority shall provide notice of the public hearing on the annual budget by
2912     publishing notice:
2913          (i) at least once in a newspaper of general circulation within the state, one week before
2914     the public hearing; and
2915          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
2916     at least one week immediately before the public hearing.
2917          (c) The authority shall make the annual budget available for public inspection at least
2918     three days before the date of the public hearing.
2919          (5) The state auditor shall prescribe the budget forms and the categories to be contained
2920     in each authority budget, including:
2921          (a) revenues and expenditures for the budget year;
2922          (b) legal fees; and
2923          (c) administrative costs, including rent, supplies, and other materials, and salaries of
2924     authority personnel.
2925          (6) (a) Within 30 days after adopting an annual budget, the board shall file a copy of
2926     the annual budget with the auditor of each county in which the authority jurisdictional land is
2927     located, the State Tax Commission, the state auditor, the State Board of Education, and each
2928     taxing entity that levies a tax on property from which the authority collects property tax
2929     differential.
2930          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
2931     state as a taxing entity is met if the authority files a copy with the State Tax Commission and
2932     the state auditor.
2933          Section 48. Section 11-59-401 is amended to read:
2934          11-59-401. Annual authority budget -- Fiscal year -- Public hearing and notice
2935     required -- Auditor forms.
2936          (1) The authority shall prepare and its board adopt an annual budget of revenues and
2937     expenditures for the authority for each fiscal year.
2938          (2) Each annual authority budget shall be adopted before June 22.
2939          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.

2940          (4) (a) Before adopting an annual budget, the authority board shall hold a public
2941     hearing on the annual budget.
2942          (b) The authority shall provide notice of the public hearing on the annual budget by
2943     publishing notice:
2944          (i) at least once in a newspaper of general circulation within the state, one week before
2945     the public hearing; and
2946          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
2947     at least one week immediately before the public hearing.
2948          (c) The authority shall make the annual budget available for public inspection at least
2949     three days before the date of the public hearing.
2950          (5) The state auditor shall prescribe the budget forms and the categories to be contained
2951     in each authority budget, including:
2952          (a) revenues and expenditures for the budget year;
2953          (b) legal fees; and
2954          (c) administrative costs, including rent, supplies, and other materials, and salaries of
2955     authority personnel.
2956          Section 49. Section 13-1-2 is amended to read:
2957          13-1-2. Creation and functions of department -- Divisions created -- Fees --
2958     Commerce Service Account.
2959          (1) (a) There is created the Department of Commerce.
2960          (b) The department shall:
2961          (i) execute and administer state laws regulating business activities and occupations
2962     affecting the public interest; and
2963          (ii) ensure that any training or certification required of a public official or public
2964     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2965     22, State Training and Certification Requirements, if the training or certification is required:
2966          (A) under this title;
2967          (B) by the department; or
2968          (C) by an agency or division within the department.
2969          (2) Within the department the following divisions are created:
2970          (a) the Division of Occupational and Professional Licensing;

2971          (b) the Division of Real Estate;
2972          (c) the Division of Securities;
2973          (d) the Division of Public Utilities;
2974          (e) the Division of Consumer Protection; and
2975          (f) the Division of Corporations and Commercial Code.
2976          (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
2977     fees assessed for services provided by the department by following the procedures and
2978     requirements of Section 63J-1-504.
2979          (b) The department shall submit each fee established in this manner to the Legislature
2980     for its approval as part of the department's annual appropriations request.
2981          (c) (i) There is created a restricted account within the General Fund known as the
2982     "Commerce Service Account."
2983          (ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by
2984     each division and by the department.
2985          (iii) The undesignated account balance may not exceed $1,000,000 at the end of each
2986     fiscal year.
2987          (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
2988     into the General Fund any undesignated funds in the account that exceed the amount necessary
2989     to maintain the undesignated account balance at $1,000,000.
2990          (d) The department may not charge or collect a fee or expend money from the
2991     restricted account without approval by the Legislature.
2992          (4) (a) As used in this Subsection (4):
2993          (i) "Business entity" means a sole proprietorship, partnership, limited partnership,
2994     limited liability company, corporation, or other entity or association used to carry on a business
2995     for profit.
2996          (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in
2997     Subsection (4)(c).
2998          (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial
2999     Code, established in Section 13-1a-1, is authorized or required to charge a business entity in
3000     connection with the business entity's periodic renewal of its status with the Division of
3001     Corporations and Commercial Code.

3002          (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the
3003     establishment and maintenance of the single sign-on business portal.
3004          (v) "Single sign-on business portal" means the same as that term is defined in Section
3005     [63F-3-103] 63A-16-802.
3006          (b) (i) The schedule of fees adopted by the department under Subsection (3) shall
3007     include a single sign-on fee, not to exceed $5, as part of a renewal fee.
3008          (ii) The department shall deposit all single sign-on fee revenue into the fund.
3009          (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund.
3010          (ii) The fund consists of:
3011          (A) money that the department collects from the single sign-on fee; and
3012          (B) money that the Legislature appropriates to the fund.
3013          (d) The department shall use the money in the fund to pay for costs:
3014          (i) to design, create, operate, and maintain the single sign-on business portal; and
3015          (ii) incurred by:
3016          (A) the Department of Technology Services, created in Section [63F-1-103]
3017     63A-16-103; or
3018          (B) a third-party vendor working under a contract with the Department of Technology
3019     Services.
3020          (e) The department shall report on fund revenues and expenditures to the Public
3021     Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any
3022     other time requested by the committee.
3023          Section 50. Section 17-27a-203 is amended to read:
3024          17-27a-203. Notice of intent to prepare a general plan or comprehensive general
3025     plan amendments in certain counties.
3026          (1) Before preparing a proposed general plan or a comprehensive general plan
3027     amendment, each county of the first or second class shall provide 10 calendar days notice of its
3028     intent to prepare a proposed general plan or a comprehensive general plan amendment:
3029          (a) to each affected entity;
3030          (b) to the Automated Geographic Reference Center created in Section [63F-1-506]
3031     63A-16-505;
3032          (c) to the association of governments, established pursuant to an interlocal agreement

3033     under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
3034          (d) on the Utah Public Notice Website created under Section [63F-1-701] 63A-16-601.
3035          (2) Each notice under Subsection (1) shall:
3036          (a) indicate that the county intends to prepare a general plan or a comprehensive
3037     general plan amendment, as the case may be;
3038          (b) describe or provide a map of the geographic area that will be affected by the general
3039     plan or amendment;
3040          (c) be sent by mail, e-mail, or other effective means;
3041          (d) invite the affected entities to provide information for the county to consider in the
3042     process of preparing, adopting, and implementing a general plan or amendment concerning:
3043          (i) impacts that the use of land proposed in the proposed general plan or amendment
3044     may have; and
3045          (ii) uses of land within the county that the affected entity is considering that may
3046     conflict with the proposed general plan or amendment; and
3047          (e) include the address of an Internet website, if the county has one, and the name and
3048     telephone number of a person where more information can be obtained concerning the county's
3049     proposed general plan or amendment.
3050          Section 51. Section 17-27a-204 is amended to read:
3051          17-27a-204. Notice of public hearings and public meetings to consider general
3052     plan or modifications.
3053          (1) A county shall provide:
3054          (a) notice of the date, time, and place of the first public hearing to consider the original
3055     adoption or any modification of all or any portion of a general plan; and
3056          (b) notice of each public meeting on the subject.
3057          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
3058     days before the public hearing and shall be:
3059          (a) (i) published in a newspaper of general circulation in the area; and
3060          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
3061     63A-16-601;
3062          (b) mailed to each affected entity; and
3063          (c) posted:

3064          (i) in at least three public locations within the county; or
3065          (ii) on the county's official website.
3066          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
3067     before the meeting and shall be:
3068          (a) (i) submitted to a newspaper of general circulation in the area; and
3069          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
3070     63A-16-601; and
3071          (b) posted:
3072          (i) in at least three public locations within the county; or
3073          (ii) on the county's official website.
3074          Section 52. Section 17-27a-205 is amended to read:
3075          17-27a-205. Notice of public hearings and public meetings on adoption or
3076     modification of land use regulation.
3077          (1) Each county shall give:
3078          (a) notice of the date, time, and place of the first public hearing to consider the
3079     adoption or modification of a land use regulation; and
3080          (b) notice of each public meeting on the subject.
3081          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
3082          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
3083          (b) posted:
3084          (i) in at least three public locations within the county; or
3085          (ii) on the county's official website; and
3086          (c) (i) published:
3087          (A) in a newspaper of general circulation in the area at least 10 calendar days before
3088     the public hearing; and
3089          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, at
3090     least 10 calendar days before the public hearing; or
3091          (ii) mailed at least 10 days before the public hearing to:
3092          (A) each property owner whose land is directly affected by the land use ordinance
3093     change; and
3094          (B) each adjacent property owner within the parameters specified by county ordinance.

3095          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
3096     before the hearing and shall be posted:
3097          (a) in at least three public locations within the county; or
3098          (b) on the county's official website.
3099          (4) (a) A county shall send a courtesy notice to each owner of private real property
3100     whose property is located entirely or partially within the proposed zoning map enactment or
3101     amendment at least 10 days before the scheduled day of the public hearing.
3102          (b) The notice shall:
3103          (i) identify with specificity each owner of record of real property that will be affected
3104     by the proposed zoning map or map amendments;
3105          (ii) state the current zone in which the real property is located;
3106          (iii) state the proposed new zone for the real property;
3107          (iv) provide information regarding or a reference to the proposed regulations,
3108     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
3109     amendment is adopted;
3110          (v) state that the owner of real property may no later than 10 days after the day of the
3111     first public hearing file a written objection to the inclusion of the owner's property in the
3112     proposed zoning map or map amendment;
3113          (vi) state the address where the property owner should file the protest;
3114          (vii) notify the property owner that each written objection filed with the county will be
3115     provided to the county legislative body; and
3116          (viii) state the location, date, and time of the public hearing described in Section
3117     17-27a-502.
3118          (c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
3119     for a public hearing on a zoning map or map amendment, the notice required in this Subsection
3120     (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
3121     separately.
3122          Section 53. Section 17-27a-208 is amended to read:
3123          17-27a-208. Hearing and notice for petition to vacate a public street.
3124          (1) For any petition to vacate some or all of a public street or county utility easement,
3125     the legislative body shall:

3126          (a) hold a public hearing; and
3127          (b) give notice of the date, place, and time of the hearing, as provided in Subsection
3128     (2).
3129          (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
3130     body shall ensure that the notice required under Subsection (1)(b) is:
3131          (a) mailed to the record owner of each parcel that is accessed by the public street or
3132     county utility easement;
3133          (b) mailed to each affected entity;
3134          (c) posted on or near the public street or county utility easement in a manner that is
3135     calculated to alert the public; and
3136          (d) (i) published on the website of the county in which the land subject to the petition is
3137     located until the public hearing concludes; and
3138          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
3139     63A-16-601.
3140          Section 54. Section 17-27a-306 is amended to read:
3141          17-27a-306. Planning advisory areas.
3142          (1) (a) A planning advisory area may be established as provided in this Subsection (1).
3143          (b) A planning advisory area may not be established unless the area to be included
3144     within the proposed planning advisory area:
3145          (i) is unincorporated;
3146          (ii) is contiguous; and
3147          (iii) (A) contains:
3148          (I) at least 20% but not more than 80% of:
3149          (Aa) the total private land area in the unincorporated county; or
3150          (Bb) the total value of locally assessed taxable property in the unincorporated county;
3151     or
3152          (II) (Aa) in a county of the second or third class, at least 5% of the total population of
3153     the unincorporated county, but not less than 300 residents; or
3154          (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
3155     of the unincorporated county; or
3156          (B) has been declared by the United States Census Bureau as a census designated

3157     place.
3158          (c) (i) The process to establish a planning advisory area is initiated by the filing of a
3159     petition with the clerk of the county in which the proposed planning advisory area is located.
3160          (ii) A petition to establish a planning advisory area may not be filed if it proposes the
3161     establishment of a planning advisory area that includes an area within a proposed planning
3162     advisory area in a petition that has previously been certified under Subsection (1)(g), until after
3163     the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
3164          (d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
3165          (i) be signed by the owners of private real property that:
3166          (A) is located within the proposed planning advisory area;
3167          (B) covers at least 10% of the total private land area within the proposed planning
3168     advisory area; and
3169          (C) is equal in value to at least 10% of the value of all private real property within the
3170     proposed planning advisory area;
3171          (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
3172     area proposed to be established as a planning advisory area;
3173          (iii) indicate the typed or printed name and current residence address of each owner
3174     signing the petition;
3175          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
3176     be designated as the contact sponsor, with the mailing address and telephone number of each
3177     petition sponsor;
3178          (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
3179     petition for purposes of the petition; and
3180          (vi) request the county legislative body to provide notice of the petition and of a public
3181     hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
3182     advisory area.
3183          (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area
3184     to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
3185     Incorporation.
3186          (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
3187     the establishment of a planning advisory area in a county of the second class, the county clerk

3188     shall provide notice of the filing of the petition to:
3189          (A) each owner of real property owning more than 1% of the assessed value of all real
3190     property within the proposed planning advisory area; and
3191          (B) each owner of real property owning more than 850 acres of real property within the
3192     proposed planning advisory area.
3193          (ii) A property owner may exclude all or part of the property owner's property from a
3194     proposed planning advisory area in a county of the second class:
3195          (A) if:
3196          (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
3197     property within the proposed planning advisory area;
3198          (IIii) the property is nonurban; and
3199          (IIIiii) the property does not or will not require municipal provision of municipal-type
3200     services; or
3201          (Bb) the property owner owns more than 850 acres of real property within the proposed
3202     planning advisory area; and
3203          (II) exclusion of the property will not leave within the planning advisory area an island
3204     of property that is not part of the planning advisory area; and
3205          (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
3206     under Subsection (1)(f)(i).
3207          (iii) (A) The county legislative body shall exclude from the proposed planning advisory
3208     area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
3209     the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
3210          (B) If the county legislative body excludes property from a proposed planning advisory
3211     area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
3212     exclusion, send written notice of its action to the contact sponsor.
3213          (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
3214     clerk shall:
3215          (A) with the assistance of other county officers from whom the clerk requests
3216     assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
3217     and
3218          (B) (I) if the clerk determines that the petition complies with the requirements of

3219     Subsection (1)(d):
3220          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3221     and
3222          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3223          (II) if the clerk determines that the petition fails to comply with any of the requirements
3224     of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
3225     rejection and the reasons for the rejection.
3226          (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
3227     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3228     county clerk.
3229          (h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
3230     the county legislative body shall hold a public hearing on the proposal to establish a planning
3231     advisory area.
3232          (ii) A public hearing under Subsection (1)(h)(i) shall be:
3233          (A) within the boundary of the proposed planning advisory area; or
3234          (B) if holding a public hearing in that area is not practicable, as close to that area as
3235     practicable.
3236          (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
3237     county legislative body shall publish notice of the petition and the time, date, and place of the
3238     public hearing:
3239          (A) at least once in a newspaper of general circulation in the county; and
3240          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
3241          (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
3242     shall arrange for the proposal to establish a planning advisory area to be submitted to voters
3243     residing within the proposed planning advisory area at the next regular general election that is
3244     more than 90 days after the public hearing.
3245          (j) A planning advisory area is established at the time of the canvass of the results of an
3246     election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
3247     proposal to establish a planning advisory area voted in favor of the proposal.
3248          (k) An area that is an established township before May 12, 2015:
3249          (i) is, as of May 12, 2015, a planning advisory area; and

3250          (ii) (A) shall change its name, if applicable, to no longer include the word "township";
3251     and
3252          (B) may use the word "planning advisory area" in its name.
3253          (2) The county legislative body may:
3254          (a) assign to the countywide planning commission the duties established in this part
3255     that would have been assumed by a planning advisory area planning commission designated
3256     under Subsection (2)(b); or
3257          (b) designate and appoint a planning commission for the planning advisory area.
3258          (3) (a) An area within the boundary of a planning advisory area may be withdrawn
3259     from the planning advisory area as provided in this Subsection (3) or in accordance with
3260     Subsection (5)(a).
3261          (b) The process to withdraw an area from a planning advisory area is initiated by the
3262     filing of a petition with the clerk of the county in which the planning advisory area is located.
3263          (c) A petition under Subsection (3)(b) shall:
3264          (i) be signed by the owners of private real property that:
3265          (A) is located within the area proposed to be withdrawn from the planning advisory
3266     area;
3267          (B) covers at least 50% of the total private land area within the area proposed to be
3268     withdrawn from the planning advisory area; and
3269          (C) is equal in value to at least 33% of the value of all private real property within the
3270     area proposed to be withdrawn from the planning advisory area;
3271          (ii) state the reason or reasons for the proposed withdrawal;
3272          (iii) be accompanied by an accurate plat or map showing the boundary of the
3273     contiguous area proposed to be withdrawn from the planning advisory area;
3274          (iv) indicate the typed or printed name and current residence address of each owner
3275     signing the petition;
3276          (v) designate up to five signers of the petition as petition sponsors, one of whom shall
3277     be designated as the contact sponsor, with the mailing address and telephone number of each
3278     petition sponsor;
3279          (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
3280     petition for purposes of the petition; and

3281          (vii) request the county legislative body to withdraw the area from the planning
3282     advisory area.
3283          (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning
3284     advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
3285     2a, Municipal Incorporation.
3286          (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
3287     clerk shall:
3288          (A) with the assistance of other county officers from whom the clerk requests
3289     assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
3290     and
3291          (B) (I) if the clerk determines that the petition complies with the requirements of
3292     Subsection (3)(c):
3293          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3294     and
3295          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3296          (II) if the clerk determines that the petition fails to comply with any of the requirements
3297     of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
3298     and the reasons for the rejection.
3299          (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
3300     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3301     county clerk.
3302          (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
3303     is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
3304     the area from the planning advisory area.
3305          (ii) A public hearing under Subsection (3)(f)(i) shall be held:
3306          (A) within the area proposed to be withdrawn from the planning advisory area; or
3307          (B) if holding a public hearing in that area is not practicable, as close to that area as
3308     practicable.
3309          (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
3310     body shall:
3311          (A) publish notice of the petition and the time, date, and place of the public hearing:

3312          (I) at least once a week for three consecutive weeks in a newspaper of general
3313     circulation in the planning advisory area; and
3314          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
3315     three consecutive weeks; and
3316          (B) mail a notice of the petition and the time, date, and place of the public hearing to
3317     each owner of private real property within the area proposed to be withdrawn.
3318          (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
3319     legislative body shall make a written decision on the proposal to withdraw the area from the
3320     planning advisory area.
3321          (ii) In making its decision as to whether to withdraw the area from the planning
3322     advisory area, the county legislative body shall consider:
3323          (A) whether the withdrawal would leave the remaining planning advisory area in a
3324     situation where the future incorporation of an area within the planning advisory area or the
3325     annexation of an area within the planning advisory area to an adjoining municipality would be
3326     economically or practically not feasible;
3327          (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
3328     area:
3329          (I) whether the proposed subsequent incorporation or withdrawal:
3330          (Aa) will leave or create an unincorporated island or peninsula; or
3331          (Bb) will leave the county with an area within its unincorporated area for which the
3332     cost, requirements, or other burdens of providing municipal services would materially increase
3333     over previous years; and
3334          (II) whether the municipality to be created or the municipality into which the
3335     withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
3336     providing service to the withdrawn area that the county will no longer provide due to the
3337     incorporation or annexation;
3338          (C) the effects of a withdrawal on adjoining property owners, existing or projected
3339     county streets or other public improvements, law enforcement, and zoning and other municipal
3340     services provided by the county; and
3341          (D) whether justice and equity favor the withdrawal.
3342          (h) Upon the written decision of the county legislative body approving the withdrawal

3343     of an area from a planning advisory area, the area is withdrawn from the planning advisory area
3344     and the planning advisory area continues as a planning advisory area with a boundary that
3345     excludes the withdrawn area.
3346          (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
3347          (b) The process to dissolve a planning advisory area is initiated by the filing of a
3348     petition with the clerk of the county in which the planning advisory area is located.
3349          (c) A petition under Subsection (4)(b) shall:
3350          (i) be signed by registered voters within the planning advisory area equal in number to
3351     at least 25% of all votes cast by voters within the planning advisory area at the last
3352     congressional election;
3353          (ii) state the reason or reasons for the proposed dissolution;
3354          (iii) indicate the typed or printed name and current residence address of each person
3355     signing the petition;
3356          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
3357     be designated as the contact sponsor, with the mailing address and telephone number of each
3358     petition sponsor;
3359          (v) authorize the petition sponsors to act on behalf of all persons signing the petition
3360     for purposes of the petition; and
3361          (vi) request the county legislative body to provide notice of the petition and of a public
3362     hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
3363     advisory area.
3364          (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
3365     clerk shall:
3366          (A) with the assistance of other county officers from whom the clerk requests
3367     assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
3368     and
3369          (B) (I) if the clerk determines that the petition complies with the requirements of
3370     Subsection (4)(c):
3371          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3372     and
3373          (Bb) mail or deliver written notification of the certification to the contact sponsor; or

3374          (II) if the clerk determines that the petition fails to comply with any of the requirements
3375     of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
3376     and the reasons for the rejection.
3377          (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
3378     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3379     county clerk.
3380          (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
3381     the county legislative body shall hold a public hearing on the proposal to dissolve the planning
3382     advisory area.
3383          (ii) A public hearing under Subsection (4)(e)(i) shall be held:
3384          (A) within the boundary of the planning advisory area; or
3385          (B) if holding a public hearing in that area is not practicable, as close to that area as
3386     practicable.
3387          (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
3388     body shall publish notice of the petition and the time, date, and place of the public hearing:
3389          (A) at least once a week for three consecutive weeks in a newspaper of general
3390     circulation in the planning advisory area; and
3391          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
3392     three consecutive weeks immediately before the public hearing.
3393          (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
3394     shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
3395     residing within the planning advisory area at the next regular general election that is more than
3396     90 days after the public hearing.
3397          (g) A planning advisory area is dissolved at the time of the canvass of the results of an
3398     election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
3399     proposal to dissolve the planning advisory area voted in favor of the proposal.
3400          (5) (a) If a portion of an area located within a planning advisory area is annexed by a
3401     municipality or incorporates, that portion is withdrawn from the planning advisory area.
3402          (b) If a planning advisory area in whole is annexed by a municipality or incorporates,
3403     the planning advisory area is dissolved.
3404          Section 55. Section 17-27a-404 is amended to read:

3405          17-27a-404. Public hearing by planning commission on proposed general plan or
3406     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
3407     by legislative body.
3408          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
3409     amend the general plan, the planning commission shall schedule and hold a public hearing on
3410     the proposed plan or amendment.
3411          (b) The planning commission shall provide notice of the public hearing, as required by
3412     Section 17-27a-204.
3413          (c) After the public hearing, the planning commission may modify the proposed
3414     general plan or amendment.
3415          (2) The planning commission shall forward the proposed general plan or amendment to
3416     the legislative body.
3417          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
3418     shall provide notice of its intent to consider the general plan proposal.
3419          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
3420     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
3421     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
3422     (3)(b).
3423          (ii) The hearing format shall allow adequate time for public comment at the actual
3424     public hearing, and shall also allow for public comment in writing to be submitted to the
3425     legislative body for not fewer than 90 days after the date of the public hearing.
3426          (c) (i) The legislative body shall give notice of the hearing in accordance with this
3427     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
3428     complete.
3429          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
3430     the state Legislature, executive director of the Department of Environmental Quality, the state
3431     planning coordinator, the Resource Development Coordinating Committee, and any other
3432     citizens or entities who specifically request notice in writing.
3433          (iii) Public notice shall be given by publication:
3434          (A) in at least one major Utah newspaper having broad general circulation in the state;
3435          (B) in at least one Utah newspaper having a general circulation focused mainly on the

3436     county where the proposed high-level nuclear waste or greater than class C radioactive waste
3437     site is to be located; and
3438          (C) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
3439          (iv) The notice shall be published to allow reasonable time for interested parties and
3440     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
3441     including:
3442          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
3443     the date of the hearing to be held under this Subsection (3); and
3444          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
3445     date of the hearing to be held under this Subsection (3).
3446          (4) (a) After the public hearing required under this section, the legislative body may
3447     adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
3448          (b) The legislative body shall respond in writing and in a substantive manner to all
3449     those providing comments as a result of the hearing required by Subsection (3).
3450          (c) If the county legislative body rejects the proposed general plan or amendment, it
3451     may provide suggestions to the planning commission for the planning commission's review and
3452     recommendation.
3453          (5) The legislative body shall adopt:
3454          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
3455          (b) a transportation and traffic circulation element as provided in Subsection
3456     17-27a-403(2)(a)(ii);
3457          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
3458     provide a realistic opportunity to meet the need for additional moderate income housing; and
3459          (d) before August 1, 2017, a resource management plan as provided by Subsection
3460     17-27a-403(2)(a)(iv).
3461          Section 56. Section 17-27a-603 is amended to read:
3462          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
3463     acknowledgment, surveyor certification, and underground utility facility owner
3464     verification of plat -- Recording plat.
3465          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
3466     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of

3467     the land shall provide an accurate plat that describes or specifies:
3468          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
3469     the county recorder's office;
3470          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
3471     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
3472     intended to be used as a street or for any other public use, and whether any such area is
3473     reserved or proposed for dedication for a public purpose;
3474          (c) the lot or unit reference, block or building reference, street or site address, street
3475     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
3476     and width of the blocks and lots intended for sale; and
3477          (d) every existing right-of-way and easement grant of record for an underground
3478     facility, as defined in Section 54-8a-2, and for any other utility facility.
3479          (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the county's
3480     ordinances and this part and has been approved by the culinary water authority, the sanitary
3481     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
3482     health department and the county consider the local health department's approval necessary, the
3483     county shall approve the plat.
3484          (b) Counties are encouraged to receive a recommendation from the fire authority and
3485     the public safety answering point before approving a plat.
3486          (c) A county may not require that a plat be approved or signed by a person or entity
3487     who:
3488          (i) is not an employee or agent of the county; or
3489          (ii) does not:
3490          (A) have a legal or equitable interest in the property within the proposed subdivision;
3491          (B) provide a utility or other service directly to a lot within the subdivision;
3492          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
3493     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
3494     relation to the plat; or
3495          (D) provide culinary public water service whose source protection zone designated as
3496     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
3497          (d) For a subdivision application that includes land located within a notification zone,

3498     as determined under Subsection (2)(f), the land use authority shall:
3499          (i) within 20 days after the day on which a complete subdivision application is filed,
3500     provide written notice of the application to the canal owner or associated canal operator contact
3501     described in:
3502          (A) Section 17-27a-211;
3503          (B) Subsection 73-5-7(2); or
3504          (C) Subsection (5)(c); and
3505          (ii) wait to approve or reject the subdivision application for at least 20 days after the
3506     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
3507     receive input from the canal owner or associated canal operator, including input regarding:
3508          (A) access to the canal;
3509          (B) maintenance of the canal;
3510          (C) canal protection; and
3511          (D) canal safety.
3512          (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
3513          (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
3514     canal owner or associated canal operator if:
3515          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
3516          (ii) the centerline alignment is available to the land use authority:
3517          (A) from information provided by the canal company under Section 17-27a-211 using
3518     mapping-grade global positioning satellite units or digitized data from the most recent aerial
3519     photo available to the canal owner or canal operator;
3520          (B) using the state engineer's inventory of canals under Section 73-5-7; or
3521          (C) from information provided by a surveyor under Subsection (5)(c).
3522          (3) The county may withhold an otherwise valid plat approval until the owner of the
3523     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
3524     penalties owing on the land have been paid.
3525          (4) (a) Within 30 days after approving a final plat under this section, a county shall
3526     submit to the Automated Geographic Reference Center, created in Section [63F-1-506]
3527     63A-16-505, for inclusion in the unified statewide 911 emergency service database described
3528     in Subsection 63H-7a-304(4)(b):

3529          (i) an electronic copy of the approved final plat; or
3530          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
3531     for construction within the bounds of the approved plat.
3532          (b) If requested by the Automated Geographic Reference Center, a county that
3533     approves a final plat under this section shall:
3534          (i) coordinate with the Automated Geographic Reference Center to validate the
3535     information described in Subsection (4)(a); and
3536          (ii) assist the Automated Geographic Reference Center in creating electronic files that
3537     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
3538     911 emergency service database.
3539          (5) (a) A county recorder may not record a plat unless, subject to Subsection
3540     17-27a-604(1):
3541          (i) prior to recordation, the county has approved and signed the plat;
3542          (ii) each owner of record of land described on the plat has signed the owner's
3543     dedication as shown on the plat; and
3544          (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
3545     provided by law.
3546          (b) The surveyor making the plat shall certify that the surveyor:
3547          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
3548     Professional Land Surveyors Licensing Act;
3549          (ii) has completed a survey of the property described on the plat in accordance with
3550     Section 17-23-17 and has verified all measurements; and
3551          (iii) has placed monuments as represented on the plat.
3552          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
3553     an existing or proposed underground facility or utility facility within the proposed subdivision,
3554     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
3555     depiction of the:
3556          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
3557     public or private easement, or grants of record;
3558          (B) location of an existing underground facility and utility facility; and
3559          (C) physical restrictions governing the location of the underground facility and utility

3560     facility within the subdivision.
3561          (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
3562          (A) indicates only that the plat approximates the location of the existing underground
3563     and utility facilities but does not warrant or verify their precise location; and
3564          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
3565     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
3566     applicable to prescriptive rights, or any other provision of law.
3567          (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
3568     certified, and approved, the individual seeking to record the plat shall, within the time period
3569     and manner designated by ordinance, record the plat in the county recorder's office in the
3570     county in which the lands platted and laid out are situated.
3571          (b) A failure to record a plat within the time period designated by ordinance renders the
3572     plat voidable by the land use authority.
3573          Section 57. Section 17-36-12 is amended to read:
3574          17-36-12. Notice of budget hearing.
3575          (1) The governing body shall determine the time and place for the public hearing on the
3576     adoption of the budget.
3577          (2) Notice of such hearing shall be published:
3578          (a) (i) at least seven days before the hearing in at least one newspaper of general
3579     circulation within the county, if there is such a paper; or
3580          (ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
3581     three conspicuous places within the county seven days before the hearing;
3582          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
3583     seven days before the hearing; and
3584          (c) on the home page of the county's website, either in full or as a link, if the county has
3585     a publicly viewable website, beginning at least seven days before the hearing and until the
3586     hearing takes place.
3587          Section 58. Section 17-36-26 is amended to read:
3588          17-36-26. Increase in budgetary fund or county general fund -- Public hearing.
3589          (1) Before the governing body may, by resolution, increase a budget appropriation of
3590     any budgetary fund, increase the budget of the county general fund, or make an amendment to a

3591     budgetary fund or the county general fund, the governing body shall hold a public hearing
3592     giving all interested parties an opportunity to be heard.
3593          (2) Notice of the public hearing described in Subsection (1) shall be published at least
3594     five days before the day of the hearing:
3595          (a) (i) in at least one issue of a newspaper generally circulated in the county; or
3596          (ii) if there is not a newspaper generally circulated in the county, the hearing may be
3597     published by posting notice in three conspicuous places within the county;
3598          (b) on the Utah Public Notice Website created under Section [63F-1-701] 63A-16-601;
3599     and
3600          (c) on the home page of the county's website, either in full or as a link, if the county has
3601     a publicly viewable website, until the hearing takes place.
3602          Section 59. Section 17-41-304 is amended to read:
3603          17-41-304. Public hearing -- Review and action on proposal.
3604          (1) After receipt of the written reports from the advisory committee and planning
3605     commission, or after the 45 days have expired, whichever is earlier, the county or municipal
3606     legislative body shall:
3607          (a) schedule a public hearing;
3608          (b) provide notice of the public hearing by:
3609          (i) publishing notice:
3610          (A) in a newspaper having general circulation within:
3611          (I) the same county as the land proposed for inclusion within the agriculture protection
3612     area, industrial protection area, or critical infrastructure materials protection area, if the land is
3613     within the unincorporated part of the county; or
3614          (II) the same city or town as the land proposed for inclusion within an agriculture
3615     protection area, industrial protection area, or critical infrastructure materials protection area, if
3616     the land is within a city or town; and
3617          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601;
3618          (ii) posting notice at five public places, designated by the applicable legislative body,
3619     within or near the proposed agriculture protection area, industrial protection area, or critical
3620     infrastructure materials protection area; and
3621          (iii) mailing written notice to each owner of land within 1,000 feet of the land proposed

3622     for inclusion within an agriculture protection area, industrial protection area, or critical
3623     infrastructure materials protection area; and
3624          (c) ensure that the notice includes:
3625          (i) the time, date, and place of the public hearing on the proposal;
3626          (ii) a description of the proposed agriculture protection area, industrial protection area,
3627     or critical infrastructure materials protection area;
3628          (iii) any proposed modifications to the proposed agriculture protection area, industrial
3629     protection area, or critical infrastructure materials protection area;
3630          (iv) a summary of the recommendations of the advisory committee and planning
3631     commission; and
3632          (v) a statement that interested persons may appear at the public hearing and speak in
3633     favor of or against the proposal, any proposed modifications to the proposal, or the
3634     recommendations of the advisory committee and planning commission.
3635          (2) The applicable legislative body shall:
3636          (a) convene the public hearing at the time, date, and place specified in the notice; and
3637          (b) take oral or written testimony from interested persons.
3638          (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
3639     body shall approve, modify and approve, or reject the proposal.
3640          (b) The creation of an agriculture protection area, industrial protection area, or critical
3641     infrastructure materials protection area is effective at the earlier of:
3642          (i) the applicable legislative body's approval of a proposal or modified proposal; or
3643          (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if
3644     the applicable legislative body has failed to approve or reject the proposal within that time.
3645          (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
3646     is effective only if the applicable legislative body, at its discretion, approves a proposal or
3647     modified proposal.
3648          (4) (a) To give constructive notice of the existence of the agriculture protection area,
3649     industrial protection area, or critical infrastructure materials protection area to all persons who
3650     have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
3651     protection area within 10 days of the creation of the relevant protection area, the applicable
3652     legislative body shall file an executed document containing a legal description of the relevant

3653     protection area with:
3654          (i) the county recorder of deeds; and
3655          (ii) the affected planning commission.
3656          (b) If the legal description of the property to be included in the relevant protection area
3657     is available through the county recorder's office, the applicable legislative body shall use that
3658     legal description in its executed document required in Subsection (4)(a).
3659          (5) Within 10 days of the recording of the agriculture protection area, the applicable
3660     legislative body shall:
3661          (a) send written notification to the commissioner of agriculture and food that the
3662     agriculture protection area has been created; and
3663          (b) include in the notification:
3664          (i) the number of landowners owning land within the agriculture protection area;
3665          (ii) the total acreage of the area;
3666          (iii) the date of approval of the area; and
3667          (iv) the date of recording.
3668          (6) The applicable legislative body's failure to record the notice required under
3669     Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
3670     creation of an agriculture protection area.
3671          (7) The applicable legislative body may consider the cost of recording notice under
3672     Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
3673     under Subsection 17-41-301(4)(b).
3674          Section 60. Section 17-41-405 is amended to read:
3675          17-41-405. Eminent domain restrictions.
3676          (1) A political subdivision having or exercising eminent domain powers may not
3677     condemn for any purpose any land within an agriculture protection area that is being used for
3678     agricultural production, land within an industrial protection area that is being put to an
3679     industrial use, or land within a critical infrastructure materials protection area, unless the
3680     political subdivision obtains approval, according to the procedures and requirements of this
3681     section, from the applicable legislative body and the advisory board.
3682          (2) Any condemnor wishing to condemn property within an agriculture protection area,
3683     industrial protection area, or critical infrastructure materials protection area shall file a notice

3684     of condemnation with the applicable legislative body and the relevant protection area's advisory
3685     board at least 30 days before filing an eminent domain complaint.
3686          (3) The applicable legislative body and the advisory board shall:
3687          (a) hold a joint public hearing on the proposed condemnation at a location within the
3688     county in which the relevant protection area is located;
3689          (b) publish notice of the time, date, place, and purpose of the public hearing:
3690          (i) in a newspaper of general circulation within the relevant protection area; and
3691          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601;
3692     and
3693          (c) post notice of the time, date, place, and purpose of the public hearing in five
3694     conspicuous public places, designated by the applicable legislative body, within or near the
3695     relevant protection area.
3696          (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
3697     liquid waste materials, the applicable legislative body and the advisory board may approve the
3698     condemnation only if there is no reasonable and prudent alternative to the use of the land
3699     within the agriculture protection area, industrial protection area, or critical infrastructure
3700     materials protection area for the project.
3701          (b) If the condemnation is for any other purpose, the applicable legislative body and the
3702     advisory board may approve the condemnation only if:
3703          (i) the proposed condemnation would not have an unreasonably adverse effect upon the
3704     preservation and enhancement of:
3705          (A) agriculture within the agriculture protection area;
3706          (B) the industrial use within the industrial protection area; or
3707          (C) critical infrastructure materials operations within the critical infrastructure
3708     materials protection area; or
3709          (ii) there is no reasonable and prudent alternative to the use of the land within the [the]
3710     relevant protection area for the project.
3711          (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
3712     legislative body and the advisory board shall approve or reject the proposed condemnation.
3713          (b) If the applicable legislative body and the advisory board fail to act within the 60
3714     days or such further time as the applicable legislative body establishes, the condemnation shall

3715     be considered rejected.
3716          (6) The applicable legislative body or the advisory board may request the county or
3717     municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
3718     this section.
3719          Section 61. Section 17-50-105 is amended to read:
3720          17-50-105. Disputed boundaries.
3721          (1) As used in this section, "independent surveyor" means the surveyor whose position
3722     is established within the Automated Geographic Reference Center under Subsection
3723     [63F-1-506] 63A-16-505(3).
3724          (2) (a) If a dispute or uncertainty arises as to the true location of a county boundary as
3725     described in the official records maintained by the office of the lieutenant governor, the
3726     surveyors of each county whose boundary is the subject of the dispute or uncertainty may
3727     determine the true location.
3728          (b) If agreement is reached under Subsection (2)(a), the county surveyors shall provide
3729     notice, accompanied by a map, to the lieutenant governor showing the true location of the
3730     county boundary.
3731          (3) (a) If the county surveyors fail to agree on or otherwise fail to establish the true
3732     location of the county boundary, the county executive of either or both of the affected counties
3733     shall engage the services of the independent surveyor.
3734          (b) After being engaged under Subsection (3)(a), the independent surveyor shall notify
3735     the surveyor of each county whose boundary is the subject of the dispute or uncertainty of the
3736     procedure the independent surveyor will use to determine the true location of the boundary.
3737          (c) With the assistance of each surveyor who chooses to participate, the independent
3738     surveyor shall determine permanently the true location of the boundary by marking surveys and
3739     erecting suitable monuments to designate the boundary.
3740          (d) Each boundary established under this Subsection (3) shall be considered permanent
3741     until superseded by legislative enactment.
3742          (e) The independent surveyor shall provide notice, accompanied by a map, to the
3743     lieutenant governor showing the true location of the county boundary.
3744          (4) Nothing in this section may be construed to give the county surveyors or
3745     independent surveyor any authority other than to erect suitable monuments to designate county

3746     boundaries as they are described in the official records maintained by the office of the
3747     lieutenant governor.
3748          Section 62. Section 17-50-303 is amended to read:
3749          17-50-303. County may not give or lend credit -- County may borrow in
3750     anticipation of revenues -- Assistance to nonprofit and private entities.
3751          (1) A county may not give or lend its credit to or in aid of any person or corporation,
3752     or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
3753          (2) (a) A county may borrow money in anticipation of the collection of taxes and other
3754     county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
3755     Government Bonding Act.
3756          (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
3757     funds of the county may be expended.
3758          (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
3759     nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
3760     the county legislative body, the assistance contributes to the safety, health, prosperity, moral
3761     well-being, peace, order, comfort, or convenience of county residents.
3762          (b) A county may appropriate money to a nonprofit entity from the county's own funds
3763     or from funds the county receives from the state or any other source.
3764          (4) (a) As used in this Subsection (4):
3765          (i) "Private enterprise" means a person that engages in an activity for profit.
3766          (ii) "Project" means an activity engaged in by a private enterprise.
3767          (b) A county may appropriate money in aid of a private enterprise project if:
3768          (i) subject to Subsection (4)(c), the county receives value in return for the money
3769     appropriated; and
3770          (ii) in the judgment of the county legislative body, the private enterprise project
3771     provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
3772     convenience of the county residents.
3773          (c) The county shall measure the net value received by the county for money
3774     appropriated by the county to a private entity on a project-by-project basis over the life of the
3775     project.
3776          (d) (i) Before a county legislative body may appropriate funds in aid of a private

3777     enterprise project under this Subsection (4), the county legislative body shall:
3778          (A) adopt by ordinance criteria to determine what value, if any, the county will receive
3779     in return for money appropriated under this Subsection (4);
3780          (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
3781     and private enterprise project; and
3782          (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
3783     appropriation and the private enterprise project.
3784          (ii) The county legislative body may consider an intangible benefit as a value received
3785     by the county.
3786          (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
3787     county shall study:
3788          (A) any value the county will receive in return for money or resources appropriated to a
3789     private entity;
3790          (B) the county's purpose for the appropriation, including an analysis of the way the
3791     appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
3792     order, comfort, or convenience of the county residents; and
3793          (C) whether the appropriation is necessary and appropriate to accomplish the
3794     reasonable goals and objectives of the county in the area of economic development, job
3795     creation, affordable housing, elimination of a development impediment, as defined in Section
3796     17C-1-102, job preservation, the preservation of historic structures, analyzing and improving
3797     county government structure or property, or any other public purpose.
3798          (ii) The county shall:
3799          (A) prepare a written report of the results of the study; and
3800          (B) make the report available to the public at least 14 days immediately prior to the
3801     scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
3802          (f) The county shall publish notice of the public hearing required in Subsection
3803     (4)(d)(i)(C):
3804          (i) in a newspaper of general circulation at least 14 days before the date of the hearing
3805     or, if there is no newspaper of general circulation, by posting notice in at least three
3806     conspicuous places within the county for the same time period; and
3807          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, at

3808     least 14 days before the date of the hearing.
3809          (g) (i) A person may appeal the decision of the county legislative body to appropriate
3810     funds under this Subsection (4).
3811          (ii) A person shall file an appeal with the district court within 30 days after the day on
3812     which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
3813          (iii) A court shall:
3814          (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
3815     is valid; and
3816          (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
3817     illegal.
3818          (iv) A determination of illegality requires a determination that the decision or
3819     ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
3820     ordinance was adopted.
3821          (v) The district court's review is limited to:
3822          (A) a review of the criteria adopted by the county legislative body under Subsection
3823     (4)(d)(i)(A);
3824          (B) the record created by the county legislative body at the public hearing described in
3825     Subsection (4)(d)(i)(C); and
3826          (C) the record created by the county in preparation of the study and the study itself as
3827     described in Subsection (4)(e).
3828          (vi) If there is no record, the court may call witnesses and take evidence.
3829          (h) This section applies only to an appropriation not otherwise approved in accordance
3830     with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
3831          Section 63. Section 17B-1-106 is amended to read:
3832          17B-1-106. Notice before preparing or amending a long-range plan or acquiring
3833     certain property.
3834          (1) As used in this section:
3835          (a) (i) "Affected entity" means each county, municipality, local district under this title,
3836     special service district, school district, interlocal cooperation entity established under Title 11,
3837     Chapter 13, Interlocal Cooperation Act, and specified public utility:
3838          (A) whose services or facilities are likely to require expansion or significant

3839     modification because of an intended use of land; or
3840          (B) that has filed with the local district a copy of the general or long-range plan of the
3841     county, municipality, local district, school district, interlocal cooperation entity, or specified
3842     public utility.
3843          (ii) "Affected entity" does not include the local district that is required under this
3844     section to provide notice.
3845          (b) "Specified public utility" means an electrical corporation, gas corporation, or
3846     telephone corporation, as those terms are defined in Section 54-2-1.
3847          (2) (a) If a local district under this title located in a county of the first or second class
3848     prepares a long-range plan regarding its facilities proposed for the future or amends an already
3849     existing long-range plan, the local district shall, before preparing a long-range plan or
3850     amendments to an existing long-range plan, provide written notice, as provided in this section,
3851     of its intent to prepare a long-range plan or to amend an existing long-range plan.
3852          (b) Each notice under Subsection (2)(a) shall:
3853          (i) indicate that the local district intends to prepare a long-range plan or to amend a
3854     long-range plan, as the case may be;
3855          (ii) describe or provide a map of the geographic area that will be affected by the
3856     long-range plan or amendments to a long-range plan;
3857          (iii) be:
3858          (A) sent to each county in whose unincorporated area and each municipality in whose
3859     boundaries is located the land on which the proposed long-range plan or amendments to a
3860     long-range plan are expected to indicate that the proposed facilities will be located;
3861          (B) sent to each affected entity;
3862          (C) sent to the Automated Geographic Reference Center created in Section
3863     [63F-1-506] 63A-16-505;
3864          (D) sent to each association of governments, established pursuant to an interlocal
3865     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
3866     municipality described in Subsection (2)(b)(iii)(A) is a member; and
3867          (E) (I) placed on the Utah Public Notice Website created under Section [63F-1-701]
3868     63A-16-601, if the local district:
3869          (Aa) is required under Subsection 52-4-203(3) to use that website to provide public

3870     notice of a meeting; or
3871          (Bb) voluntarily chooses to place notice on that website despite not being required to
3872     do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
3873          (II) the state planning coordinator appointed under Section 63J-4-202, if the local
3874     district does not provide notice on the Utah Public Notice Website under Subsection
3875     (2)(b)(iii)(E)(I);
3876          (iv) with respect to the notice to counties and municipalities described in Subsection
3877     (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
3878     consider in the process of preparing, adopting, and implementing the long-range plan or
3879     amendments to a long-range plan concerning:
3880          (A) impacts that the use of land proposed in the proposed long-range plan or
3881     amendments to a long-range plan may have on the county, municipality, or affected entity; and
3882          (B) uses of land that the county, municipality, or affected entity is planning or
3883     considering that may conflict with the proposed long-range plan or amendments to a long-range
3884     plan; and
3885          (v) include the address of an Internet website, if the local district has one, and the name
3886     and telephone number of a person where more information can be obtained concerning the
3887     local district's proposed long-range plan or amendments to a long-range plan.
3888          (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
3889     real property in a county of the first or second class for the purpose of expanding the district's
3890     infrastructure or other facilities used for providing the services that the district is authorized to
3891     provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
3892     the property if the intended use of the property is contrary to:
3893          (i) the anticipated use of the property under the county or municipality's general plan;
3894     or
3895          (ii) the property's current zoning designation.
3896          (b) Each notice under Subsection (3)(a) shall:
3897          (i) indicate that the local district intends to acquire real property;
3898          (ii) identify the real property; and
3899          (iii) be sent to:
3900          (A) each county in whose unincorporated area and each municipality in whose

3901     boundaries the property is located; and
3902          (B) each affected entity.
3903          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
3904     63G-2-305(8).
3905          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
3906     previously provided notice under Subsection (2) identifying the general location within the
3907     municipality or unincorporated part of the county where the property to be acquired is located.
3908          (ii) If a local district is not required to comply with the notice requirement of
3909     Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
3910     the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
3911     property.
3912          Section 64. Section 17B-1-211 is amended to read:
3913          17B-1-211. Notice of public hearings -- Publication of resolution.
3914          (1) Before holding a public hearing or set of public hearings under Section 17B-1-210,
3915     the legislative body of each county or municipality with which a request is filed or that adopts a
3916     resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local district
3917     that adopts a resolution under Subsection 17B-1-203(1)(e) shall:
3918          (a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
3919     in a newspaper or combination of newspapers of general circulation within the applicable area
3920     in accordance with Subsection (2); or
3921          (B) if there is no newspaper or combination of newspapers of general circulation
3922     within the applicable area, post notice in accordance with Subsection (2) at least one notice per
3923     1,000 population of that area and at places within the area that are most likely to provide actual
3924     notice to residents of the area; and
3925          (ii) publish notice on the Utah Public Notice Website created in Section [63F-1-701]
3926     63A-16-601, for two weeks before the hearing or the first of the set of hearings; or
3927          (b) mail a notice to each registered voter residing within and each owner of real
3928     property located within the proposed local district.
3929          (2) Each published notice under Subsection (1)(a)(i)(A) shall:
3930          (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
3931     surrounded by a 1/4-inch border;

3932          (b) if possible, appear in a newspaper that is published at least one day per week;
3933          (c) if possible, appear in a newspaper of general interest and readership in the area and
3934     not of limited subject matter;
3935          (d) be placed in a portion of the newspaper other than where legal notices and
3936     classified advertisements appear; and
3937          (e) be published once each week for four consecutive weeks, with the final publication
3938     being no fewer than five and no more than 20 days before the hearing or the first of the set of
3939     hearings.
3940          (3) Each notice required under Subsection (1) shall:
3941          (a) if the hearing or set of hearings is concerning a resolution:
3942          (i) contain the entire text or an accurate summary of the resolution; and
3943          (ii) state the deadline for filing a protest against the creation of the proposed local
3944     district;
3945          (b) clearly identify each governing body involved in the hearing or set of hearings;
3946          (c) state the date, time, and place for the hearing or set of hearings and the purposes for
3947     the hearing or set of hearings; and
3948          (d) describe or include a map of the entire proposed local district.
3949          (4) County or municipal legislative bodies may jointly provide the notice required
3950     under this section if all the requirements of this section are met as to each notice.
3951          Section 65. Section 17B-1-303 is amended to read:
3952          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
3953     of board member contact information.
3954          (1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
3955     member of a board of trustees begins at noon on the January 1 following the member's election
3956     or appointment.
3957          (b) The term of each member of the initial board of trustees of a newly created local
3958     district begins:
3959          (i) upon appointment, for an appointed member; and
3960          (ii) upon the member taking the oath of office after the canvass of the election at which
3961     the member is elected, for an elected member.
3962          (c) The term of each water conservancy district board member whom the governor

3963     appoints in accordance with Subsection 17B-2a-1005(2)(c):
3964          (i) begins on the later of the following:
3965          (A) the date on which the Senate consents to the appointment; or
3966          (B) the expiration date of the prior term; and
3967          (ii) ends on the February 1 that is approximately four years after the date described in
3968     Subsection (1)(c)(i)(A) or (B).
3969          (d) The term of a member of a board of trustees whom an appointing authority appoints
3970     in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
3971          (e) If the member of the board of trustees fails to assume or qualify for office on
3972     January 1 for any reason, the term begins on the date the member assumes or qualifies for
3973     office.
3974          (2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
3975     and (iii), the term of each member of a board of trustees is four years, except that
3976     approximately half the members of the initial board of trustees, chosen by lot, shall serve a
3977     two-year term so that the term of approximately half the board members expires every two
3978     years.
3979          (ii) If the terms of members of the initial board of trustees of a newly created local
3980     district do not begin on January 1 because of application of Subsection (1)(b), the terms of
3981     those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the
3982     terms of their successors complying with:
3983          (A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
3984     a member's election or appointment; and
3985          (B) the requirement under Subsection (2)(a)(i) that terms be four years.
3986          (iii) If the term of a member of a board of trustees does not begin on January 1 because
3987     of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
3988     complying with the requirement under Subsection (1)(a) that the successor member's term,
3989     regardless of whether the [incumbant] incumbent is the successor, begins at noon on January 1
3990     following the successor member's election or appointment.
3991          (iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
3992     subtract more than a year from a member's term.
3993          (b) Each board of trustees member shall serve until a successor is duly elected or

3994     appointed and qualified, unless the member earlier is removed from office or resigns or
3995     otherwise leaves office.
3996          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
3997     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
3998     successor:
3999          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
4000          (ii) the member may continue to serve until a successor is duly elected or appointed
4001     and qualified.
4002          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
4003     shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
4004          (ii) A judge, county clerk, notary public, or the local district clerk may administer an
4005     oath of office.
4006          (b) The member of the board of trustees taking the oath of office shall file the oath of
4007     office with the clerk of the local district.
4008          (c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
4009     does not invalidate any official act of that member.
4010          (4) A board of trustees member may serve any number of terms.
4011          (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
4012     trustees position is filled in accordance with Section 20A-1-512.
4013          (b) When the number of members of a board of trustees increases in accordance with
4014     Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
4015     board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
4016          (6) (a) For purposes of this Subsection (6):
4017          (i) "Appointed official" means a person who:
4018          (A) is appointed as a member of a local district board of trustees by a county or
4019     municipality that is entitled to appoint a member to the board; and
4020          (B) holds an elected position with the appointing county or municipality.
4021          (ii) "Appointing entity" means the county or municipality that appointed the appointed
4022     official to the board of trustees.
4023          (b) The board of trustees shall declare a midterm vacancy for the board position held
4024     by an appointed official if:

4025          (i) during the appointed official's term on the board of trustees, the appointed official
4026     ceases to hold the elected position with the appointing entity; and
4027          (ii) the appointing entity submits a written request to the board to declare the vacancy.
4028          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
4029     appointing entity shall appoint another person to fill the remaining unexpired term on the board
4030     of trustees.
4031          (7) (a) Each member of a board of trustees shall give a bond for the faithful
4032     performance of the member's duties, in the amount and with the sureties that the board of
4033     trustees prescribes.
4034          (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
4035          (8) (a) The lieutenant governor may extend the term of an elected district board
4036     member by one year in order to compensate for a change in the election year under Subsection
4037     17B-1-306(14).
4038          (b) When the number of members of a board of trustees increases in accordance with
4039     Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
4040     expires every two years in accordance with Subsection (2)(a):
4041          (i) the board shall set shorter terms for approximately half of the new board members,
4042     chosen by lot; and
4043          (ii) the initial term of a new board member position may be less than two or four years.
4044          (9) (a) A local district shall:
4045          (i) post on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601
4046     the name, phone number, and email address of each member of the local district's board of
4047     trustees;
4048          (ii) update the information described in Subsection (9)(a)(i) when:
4049          (A) the membership of the board of trustees changes; or
4050          (B) a member of the board of trustees' phone number or email address changes; and
4051          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
4052     on which the change requiring the update occurs.
4053          (b) This Subsection (9) applies regardless of whether the county or municipal
4054     legislative body also serves as the board of trustees of the local district.
4055          Section 66. Section 17B-1-306 is amended to read:

4056          17B-1-306. Local district board -- Election procedures.
4057          (1) Except as provided in Subsection (12), each elected board member shall be selected
4058     as provided in this section.
4059          (2) (a) Each election of a local district board member shall be held:
4060          (i) at the same time as the municipal general election or the regular general election, as
4061     applicable; and
4062          (ii) at polling places designated by the local district board in consultation with the
4063     county clerk for each county in which the local district is located, which polling places shall
4064     coincide with municipal general election or regular general election polling places, as
4065     applicable, whenever feasible.
4066          (b) The local district board, in consultation with the county clerk, may consolidate two
4067     or more polling places to enable voters from more than one district to vote at one consolidated
4068     polling place.
4069          (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
4070     Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
4071     polling place per division of the district, designated by the district board.
4072          (ii) Each polling place designated by an irrigation district board under Subsection
4073     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
4074     (2)(a)(ii).
4075          (3) The clerk of each local district with a board member position to be filled at the next
4076     municipal general election or regular general election, as applicable, shall provide notice of:
4077          (a) each elective position of the local district to be filled at the next municipal general
4078     election or regular general election, as applicable;
4079          (b) the constitutional and statutory qualifications for each position; and
4080          (c) the dates and times for filing a declaration of candidacy.
4081          (4) The clerk of the local district shall publish the notice described in Subsection (3):
4082          (a) by posting the notice on the Utah Public Notice Website created in Section
4083     [63F-1-701] 63A-16-601, for 10 days before the first day for filing a declaration of candidacy;
4084     and
4085          (b) (i) by posting the notice in at least five public places within the local district at least
4086     10 days before the first day for filing a declaration of candidacy; or

4087          (ii) publishing the notice:
4088          (A) in a newspaper of general circulation within the local district at least three but no
4089     more than 10 days before the first day for filing a declaration of candidacy;
4090          (B) in accordance with Section 45-1-101, for 10 days before the first day for filing a
4091     declaration of candidacy; and
4092          (c) if the local district has a website, on the local district's website for 10 days before
4093     the first day for filing a declaration of candidacy.
4094          (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
4095     local district board position, an individual shall file a declaration of candidacy in person with
4096     an official designated by the local district, during office hours, within the candidate filing
4097     period for the applicable election year in which the election for the local district board is held.
4098          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
4099     filing time shall be extended until the close of normal office hours on the following regular
4100     business day.
4101          (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
4102     declaration of candidacy with the official designated by the local district if:
4103          (i) the individual is located outside of the state during the entire filing period;
4104          (ii) the designated agent appears in person before the official designated by the local
4105     district; and
4106          (iii) the individual communicates with the official designated by the local district using
4107     an electronic device that allows the individual and official to see and hear each other.
4108          (d) (i) Before the filing officer may accept any declaration of candidacy from an
4109     individual, the filing officer shall:
4110          (A) read to the individual the constitutional and statutory qualification requirements for
4111     the office that the individual is seeking; and
4112          (B) require the individual to state whether the individual meets those requirements.
4113          (ii) If the individual does not meet the qualification requirements for the office, the
4114     filing officer may not accept the individual's declaration of candidacy.
4115          (iii) If it appears that the individual meets the requirements of candidacy, the filing
4116     officer shall accept the individual's declaration of candidacy.
4117          (e) The declaration of candidacy shall be in substantially the following form:

4118          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
4119     ____________, City of ________________, County of ________________, state of Utah, (Zip
4120     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
4121     office of board of trustees member for _______________________ (state the name of the local
4122     district); that I am a candidate for that office to be voted upon at the next election; and that, if
4123     filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
4124     period, and I hereby request that my name be printed upon the official ballot for that election.
4125          (Signed) _________________________________________
4126          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
4127     of ____________, ____.
4128          (Signed) ________________________
4129          (Clerk or Notary Public)"
4130          (f) An agent designated under Subsection (5)(c) may not sign the form described in
4131     Subsection (5)(e).
4132          (g) Each individual wishing to become a valid write-in candidate for an elective local
4133     district board position is governed by Section 20A-9-601.
4134          (h) If at least one individual does not file a declaration of candidacy as required by this
4135     section, an individual shall be appointed to fill that board position in accordance with the
4136     appointment provisions of Section 20A-1-512.
4137          (i) If only one candidate files a declaration of candidacy and there is no write-in
4138     candidate who complies with Section 20A-9-601, the board, in accordance with Section
4139     20A-1-206, may:
4140          (i) consider the candidate to be elected to the position; and
4141          (ii) cancel the election.
4142          (6) (a) A primary election may be held if:
4143          (i) the election is authorized by the local district board; and
4144          (ii) the number of candidates for a particular local board position or office exceeds
4145     twice the number of persons needed to fill that position or office.
4146          (b) The primary election shall be conducted:
4147          (i) on the same date as the municipal primary election or the regular primary election,
4148     as applicable; and

4149          (ii) according to the procedures for primary elections provided under Title 20A,
4150     Election Code.
4151          (7) (a) Except as provided in Subsection (7)(c), within one business day after the
4152     deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
4153     names to the clerk of each county in which the local district is located.
4154          (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
4155     20A-6-305, the clerk of each county in which the local district is located and the local district
4156     clerk shall coordinate the placement of the name of each candidate for local district office in
4157     the nonpartisan section of the ballot with the appropriate election officer.
4158          (ii) If consolidation of the local district election ballot with the municipal general
4159     election ballot or the regular general election ballot, as applicable, is not feasible, the local
4160     district board of trustees, in consultation with the county clerk, shall provide for a separate
4161     local district election ballot to be administered by poll workers at polling locations designated
4162     under Subsection (2).
4163          (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
4164     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
4165          (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
4166     prescribe the form of the ballot for each board member election.
4167          (B) Each ballot for an election of an irrigation district board member shall be in a
4168     nonpartisan format.
4169          (C) The name of each candidate shall be placed on the ballot in the order specified
4170     under Section 20A-6-305.
4171          (8) (a) Each voter at an election for a board of trustees member of a local district shall:
4172          (i) be a registered voter within the district, except for an election of:
4173          (A) an irrigation district board of trustees member; or
4174          (B) a basic local district board of trustees member who is elected by property owners;
4175     and
4176          (ii) meet the requirements to vote established by the district.
4177          (b) Each voter may vote for as many candidates as there are offices to be filled.
4178          (c) The candidates who receive the highest number of votes are elected.
4179          (9) Except as otherwise provided by this section, the election of local district board

4180     members is governed by Title 20A, Election Code.
4181          (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
4182     local district board shall serve a four-year term, beginning at noon on the January 1 after the
4183     person's election.
4184          (b) A person elected shall be sworn in as soon as practical after January 1.
4185          (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
4186     the county or municipality holding an election under this section for the costs of the election
4187     attributable to that local district.
4188          (b) Each irrigation district shall bear its own costs of each election it holds under this
4189     section.
4190          (12) This section does not apply to an improvement district that provides electric or gas
4191     service.
4192          (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,
4193     Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
4194          (14) (a) As used in this Subsection (14), "board" means:
4195          (i) a local district board; or
4196          (ii) the administrative control board of a special service district that has elected
4197     members on the board.
4198          (b) A board may hold elections for membership on the board at a regular general
4199     election instead of a municipal general election if the board submits an application to the
4200     lieutenant governor that:
4201          (i) requests permission to hold elections for membership on the board at a regular
4202     general election instead of a municipal general election; and
4203          (ii) indicates that holding elections at the time of the regular general election is
4204     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
4205     material reason.
4206          (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
4207     governor may approve the application if the lieutenant governor concludes that holding the
4208     elections at the regular general election is beneficial based on the criteria described in
4209     Subsection (14)(b)(ii).
4210          (d) If the lieutenant governor approves a board's application described in this section:

4211          (i) all future elections for membership on the board shall be held at the time of the
4212     regular general election; and
4213          (ii) the board may not hold elections at the time of a municipal general election unless
4214     the board receives permission from the lieutenant governor to hold all future elections for
4215     membership on the board at a municipal general election instead of a regular general election,
4216     under the same procedure, and by applying the same criteria, described in this Subsection (14).
4217          Section 67. Section 17B-1-413 is amended to read:
4218          17B-1-413. Hearing, notice, and protest provisions do not apply for certain
4219     petitions.
4220          (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a),
4221     Sections 17B-1-409 and 17B-1-410 do not apply:
4222          (a) if the process to annex an area to a local district was initiated by:
4223          (i) a petition under Subsection 17B-1-403(1)(a)(i);
4224          (ii) a petition under Subsection 17B-1-403(1)(a)(ii)(A) that was signed by the owners
4225     of private real property that:
4226          (A) is located within the area proposed to be annexed;
4227          (B) covers at least 75% of the total private land area within the entire area proposed to
4228     be annexed and within each applicable area; and
4229          (C) is equal in assessed value to at least 75% of the assessed value of all private real
4230     property within the entire area proposed to be annexed and within each applicable area; or
4231          (iii) a petition under Subsection 17B-1-403(1)(a)(ii)(B) that was signed by registered
4232     voters residing within the entire area proposed to be annexed and within each applicable area
4233     equal in number to at least 75% of the number of votes cast within the entire area proposed to
4234     be annexed and within each applicable area, respectively, for the office of governor at the last
4235     regular general election before the filing of the petition;
4236          (b) to an annexation under Section 17B-1-415; or
4237          (c) to a boundary adjustment under Section 17B-1-417.
4238          (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
4239     Section 17B-1-405, the local district board:
4240          (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
4241     and

4242          (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
4243     17B-1-409 after giving notice of the public hearing as provided in Subsection (2)(b); and
4244          (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
4245     hold a public hearing as provided in Section 17B-1-409 if a written request to do so is
4246     submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to
4247     the local district board by an owner of property that is located within or a registered voter
4248     residing within the area proposed to be annexed who did not sign the annexation petition.
4249          (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
4250          (i) be given:
4251          (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
4252     certification; or
4253          (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
4254     than 30 days before the public hearing; and
4255          (B) by:
4256          (I) posting written notice at the local district's principal office and in one or more other
4257     locations within or proximate to the area proposed to be annexed as are reasonable under the
4258     circumstances, considering the number of parcels included in that area, the size of the area, the
4259     population of the area, and the contiguousness of the area; and
4260          (II) providing written notice:
4261          (Aa) to at least one newspaper of general circulation, if there is one, within the area
4262     proposed to be annexed or to a local media correspondent; and
4263          (Bb) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601;
4264     and
4265          (ii) contain a brief explanation of the proposed annexation and include the name of the
4266     local district, the service provided by the local district, a description or map of the area
4267     proposed to be annexed, a local district telephone number where additional information about
4268     the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
4269     explanation of the right of a property owner or registered voter to request a public hearing as
4270     provided in Subsection (2)(a)(ii)(B).
4271          (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
4272     required for a public hearing under Subsection (2)(a)(ii)(A).

4273          Section 68. Section 17B-1-417 is amended to read:
4274          17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
4275     adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
4276     Recording requirements -- Effective date.
4277          (1) As used in this section, "affected area" means the area located within the
4278     boundaries of one local district that will be removed from that local district and included within
4279     the boundaries of another local district because of a boundary adjustment under this section.
4280          (2) The boards of trustees of two or more local districts having a common boundary
4281     and providing the same service on the same wholesale or retail basis may adjust their common
4282     boundary as provided in this section.
4283          (3) (a) The board of trustees of each local district intending to adjust a boundary that is
4284     common with another local district shall:
4285          (i) adopt a resolution indicating the board's intent to adjust a common boundary;
4286          (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
4287     after the adoption of the resolution under Subsection (3)(a)(i); and
4288          (iii) (A) publish notice:
4289          (I) (Aa) once a week for two successive weeks in a newspaper of general circulation
4290     within the local district; or
4291          (Bb) if there is no newspaper of general circulation within the local district, post notice
4292     in at least four conspicuous places within the local district; and
4293          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
4294     two weeks; or
4295          (B) mail a notice to each owner of property located within the affected area and to each
4296     registered voter residing within the affected area.
4297          (b) The notice required under Subsection (3)(a)(iii) shall:
4298          (i) state that the board of trustees of the local district has adopted a resolution
4299     indicating the board's intent to adjust a boundary that the local district has in common with
4300     another local district that provides the same service as the local district;
4301          (ii) describe the affected area;
4302          (iii) state the date, time, and location of the public hearing required under Subsection
4303     (3)(a)(ii);

4304          (iv) provide a local district telephone number where additional information about the
4305     proposed boundary adjustment may be obtained;
4306          (v) explain the financial and service impacts of the boundary adjustment on property
4307     owners or residents within the affected area; and
4308          (vi) state in conspicuous and plain terms that the board of trustees may approve the
4309     adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
4310     written protests to the adjustment are filed with the board by:
4311          (A) the owners of private real property that:
4312          (I) is located within the affected area;
4313          (II) covers at least 50% of the total private land area within the affected area; and
4314          (III) is equal in assessed value to at least 50% of the assessed value of all private real
4315     property within the affected area; or
4316          (B) registered voters residing within the affected area equal in number to at least 50%
4317     of the votes cast in the affected area for the office of governor at the last regular general
4318     election before the filing of the protests.
4319          (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
4320     within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
4321          (d) The boards of trustees of the local districts whose boundaries are being adjusted
4322     may jointly:
4323          (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
4324          (ii) hold the public hearing required under Subsection (3)(a)(ii).
4325          (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
4326     may adopt a resolution approving the adjustment of the common boundary unless, at or before
4327     the public hearing, written protests to the boundary adjustment have been filed with the board
4328     by:
4329          (a) the owners of private real property that:
4330          (i) is located within the affected area;
4331          (ii) covers at least 50% of the total private land area within the affected area; and
4332          (iii) is equal in assessed value to at least 50% of the assessed value of all private real
4333     property within the affected area; or
4334          (b) registered voters residing within the affected area equal in number to at least 50%

4335     of the votes cast in the affected area for the office of governor at the last regular general
4336     election before the filing of the protests.
4337          (5) A resolution adopted under Subsection (4) does not take effect until the board of
4338     each local district whose boundaries are being adjusted has adopted a resolution under
4339     Subsection (4).
4340          (6) The board of the local district whose boundaries are being adjusted to include the
4341     affected area shall:
4342          (a) within 30 days after the resolutions take effect under Subsection (5), file with the
4343     lieutenant governor:
4344          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
4345     that meets the requirements of Subsection 67-1a-6.5(3); and
4346          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
4347          (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
4348     under Section 67-1a-6.5:
4349          (i) if the affected area is located within the boundary of a single county, submit to the
4350     recorder of that county:
4351          (A) the original:
4352          (I) notice of an impending boundary action;
4353          (II) certificate of boundary adjustment; and
4354          (III) approved final local entity plat; and
4355          (B) a certified copy of each resolution adopted under Subsection (4); or
4356          (ii) if the affected area is located within the boundaries of more than a single county:
4357          (A) submit to the recorder of one of those counties:
4358          (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
4359          (II) a certified copy of each resolution adopted under Subsection (4); and
4360          (B) submit to the recorder of each other county:
4361          (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
4362     and
4363          (II) a certified copy of each resolution adopted under Subsection (4).
4364          (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
4365     under Section 67-1a-6.5, the affected area is annexed to the local district whose boundaries are

4366     being adjusted to include the affected area, and the affected area is withdrawn from the local
4367     district whose boundaries are being adjusted to exclude the affected area.
4368          (b) (i) The effective date of a boundary adjustment under this section for purposes of
4369     assessing property within the affected area is governed by Section 59-2-305.5.
4370          (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
4371     recorder of the county in which the property is located, a local district in whose boundary an
4372     affected area is included because of a boundary adjustment under this section may not:
4373          (A) levy or collect a property tax on property within the affected area;
4374          (B) levy or collect an assessment on property within the affected area; or
4375          (C) charge or collect a fee for service provided to property within the affected area.
4376          (iii) Subsection (7)(b)(ii)(C):
4377          (A) may not be construed to limit a local district's ability before a boundary adjustment
4378     to charge and collect a fee for service provided to property that is outside the local district's
4379     boundary; and
4380          (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
4381     local district's boundary adjustment, with respect to a fee that the local district was charging for
4382     service provided to property within the area affected by the boundary adjustment immediately
4383     before the boundary adjustment.
4384          Section 69. Section 17B-1-505.5 is amended to read:
4385          17B-1-505.5. Feasibility study for a municipality's withdrawal from a local
4386     district providing fire protection, paramedic, and emergency services or law enforcement
4387     service.
4388          (1) As used in this section:
4389          (a) "Feasibility consultant" means a person with expertise in:
4390          (i) the processes and economics of local government; and
4391          (ii) the economics of providing fire protection, paramedic, and emergency services or
4392     law enforcement service.
4393          (b) "Feasibility study" means a study to determine the functional and financial
4394     feasibility of a municipality's withdrawal from a first responder local district.
4395          (c) "First responder district" means a local district, other than a municipal services
4396     district, that provides:

4397          (i) fire protection, paramedic, and emergency services; or
4398          (ii) law enforcement service.
4399          (d) "Withdrawing municipality" means a municipality whose legislative body has
4400     adopted a resolution under Subsection 17B-1-505(3)(a) to initiate the process of the
4401     municipality's withdrawal from a first responder district.
4402          (2) This section applies and a feasibility study shall be conducted, as provided in this
4403     section, if:
4404          (a) the legislative body of a municipality has adopted a resolution under Subsection
4405     17B-1-505(3)(a) to initiate the process of the municipality's withdrawal from a first responder
4406     district;
4407          (b) the municipality and first responder district have not agreed in writing to the
4408     withdrawal; and
4409          (c) a feasibility study is a condition under Subsection 17B-1-505(6)(a) for an election
4410     to be held approving the withdrawal.
4411          (3) (a) As provided in this Subsection (3), the withdrawing municipality and first
4412     responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
4413          (b) The withdrawing municipality and first responder district shall jointly choose and
4414     engage a feasibility consultant according to applicable municipal or local district procurement
4415     procedures.
4416          (c) (i) If the withdrawing municipality and first responder district cannot agree on and
4417     have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
4418     legislative body of the withdrawing municipality submits written notice to the first responder
4419     district under Subsection 17B-1-505(3)(c), the withdrawing municipality and first responder
4420     district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
4421     at least eight feasibility consultants provided by the Utah Association of Certified Public
4422     Accountants.
4423          (ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
4424     feasibility consultant that has had a contract to provide services to the withdrawing
4425     municipality or first responder district at any time during the two-year period immediately
4426     preceding the date the list is provided under Subsection (3)(c)(i).
4427          (iii) (A) Beginning with the first responder district, the first responder district and

4428     withdrawing municipality shall alternately eliminate one feasibility consultant each from the
4429     list of feasibility consultants until one feasibility consultant remains.
4430          (B) Within five days after receiving the list of consultants from the Utah Association of
4431     Certified Public Accountants, the first responder district shall make the first elimination of a
4432     feasibility consultant from the list and notify the withdrawing municipality in writing of the
4433     elimination.
4434          (C) After the first elimination of a feasibility consultant from the list, the withdrawing
4435     municipality and first responder district shall each, within three days after receiving the written
4436     notification of the preceding elimination, notify the other in writing of the elimination of a
4437     feasibility consultant from the list.
4438          (d) If a withdrawing municipality and first responder district do not engage a feasibility
4439     consultant under Subsection (3)(b), the withdrawing municipality and first responder district
4440     shall engage the feasibility consultant that has not been eliminated from the list at the
4441     completion of the process described in Subsection (3)(c).
4442          (4) A feasibility consultant that conducts a feasibility study under this section shall be
4443     independent of and unaffiliated with the withdrawing municipality and first responder district.
4444          (5) In conducting a feasibility study under this section, the feasibility consultant shall
4445     consider:
4446          (a) population and population density within the withdrawing municipality;
4447          (b) current and five-year projections of demographics and economic base in the
4448     withdrawing municipality, including household size and income, commercial and industrial
4449     development, and public facilities;
4450          (c) projected growth in the withdrawing municipality during the next five years;
4451          (d) subject to Subsection (6)(a), the present and five-year projections of the cost,
4452     including overhead, of providing the same service in the withdrawing municipality as is
4453     provided by the first responder district, including:
4454          (i) the estimated cost if the first responder district continues to provide service; and
4455          (ii) the estimated cost if the withdrawing municipality provides service;
4456          (e) subject to Subsection (6)(a), the present and five-year projections of the cost,
4457     including overhead, of the first responder district providing service with:
4458          (i) the municipality included in the first responder district's service area; and

4459          (ii) the withdrawing municipality excluded from the first responder district's service
4460     area;
4461          (f) a projection of any new taxes per household that may be levied within the
4462     withdrawing municipality within five years after the withdrawal;
4463          (g) the fiscal impact that the withdrawing municipality's withdrawal has on other
4464     municipalities and unincorporated areas served by the first responder district, including any rate
4465     increase that may become necessary to maintain required coverage ratios for the first responder
4466     district's debt;
4467          (h) the physical and other assets that will be required by the withdrawing municipality
4468     to provide, without interruption or diminution of service, the same service that is being
4469     provided by the first responder district;
4470          (i) the physical and other assets that will no longer be required by the first responder
4471     district to continue to provide the current level of service to the remainder of the first responder
4472     district, excluding the withdrawing municipality, and could be transferred to the withdrawing
4473     municipality;
4474          (j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
4475     district's assets between the first responder district and the withdrawing municipality, effective
4476     upon the withdrawal of the withdrawing municipality from the first responder district;
4477          (k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
4478     responder district and any local building authority of the first responder district, between the
4479     withdrawing municipality and the remaining first responder district, taking into consideration:
4480          (i) any requirement to maintain the excludability of interest from the income of the
4481     holder of the debt, liability, or obligation for federal income tax purposes; and
4482          (ii) any first responder district assets that have been purchased with the proceeds of
4483     bonds issued by the first responder district that the first responder district will retain and any of
4484     those assets that will be transferred to the withdrawing municipality;
4485          (l) the number and classification of first responder district employees who will no
4486     longer be required to serve the remaining portions of the first responder district after the
4487     withdrawing municipality withdraws from the first responder district, including the dollar
4488     amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
4489     associated with termination of the employees if the withdrawing municipality does not employ

4490     the employees;
4491          (m) maintaining as a base, for a period of three years after withdrawal, the existing
4492     schedule of pay and benefits for first responder district employees who are transferred to the
4493     employment of the withdrawing municipality; and
4494          (n) any other factor that the feasibility consultant considers relevant to the question of
4495     the withdrawing municipality's withdrawal from the first responder district.
4496          (6) (a) For purposes of Subsections (5)(d) and (e):
4497          (i) the feasibility consultant shall assume a level and quality of service to be provided
4498     in the future to the withdrawing municipality that fairly and reasonably approximates the level
4499     and quality of service that the first responder district provides to the withdrawing municipality
4500     at the time of the feasibility study;
4501          (ii) in determining the present value cost of a service that the first responder district
4502     provides, the feasibility consultant shall consider:
4503          (A) the cost to the withdrawing municipality of providing the service for the first five
4504     years after the withdrawal; and
4505          (B) the first responder district's present and five-year projected cost of providing the
4506     same service within the withdrawing municipality; and
4507          (iii) the feasibility consultant shall consider inflation and anticipated growth in
4508     calculating the cost of providing service.
4509          (b) The feasibility consultant may not consider an allocation of first responder district
4510     assets or a transfer of first responder district employees to the extent that the allocation or
4511     transfer would impair the first responder district's ability to continue to provide the current
4512     level of service to the remainder of the first responder district without the withdrawing
4513     municipality, unless the first responder district consents to the allocation or transfer.
4514          (7) A feasibility consultant may retain an architect, engineer, or other professional, as
4515     the feasibility consultant considers prudent and as provided in the agreement with the
4516     withdrawing municipality and first responder district, to assist the feasibility consultant to
4517     conduct a feasibility study.
4518          (8) The withdrawing municipality and first responder district shall require the
4519     feasibility consultant to:
4520          (a) complete the feasibility study within a time established by the withdrawing

4521     municipality and first responder district;
4522          (b) prepare and submit a written report communicating the results of the feasibility
4523     study, including a one-page summary of the results; and
4524          (c) attend all public hearings relating to the feasibility study under Subsection (14).
4525          (9) A written report of the results of a feasibility study under this section shall:
4526          (a) contain a recommendation concerning whether a withdrawing municipality's
4527     withdrawal from a first responder district is functionally and financially feasible for both the
4528     first responder district and the withdrawing municipality; and
4529          (b) include any conditions the feasibility consultant determines need to be satisfied in
4530     order to make the withdrawal functionally and financially feasible, including:
4531          (i) first responder district assets and liabilities to be allocated to the withdrawing
4532     municipality; and
4533          (ii) (A) first responder district employees to become employees of the withdrawing
4534     municipality; and
4535          (B) sick leave, vacation, and other accrued benefits and obligations relating to the first
4536     responder district employees that the withdrawing municipality needs to assume.
4537          (10) The withdrawing municipality and first responder district shall equally share the
4538     feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
4539     municipality and first responder district and the feasibility consultant.
4540          (11) (a) Upon completion of the feasibility study and preparation of a written report,
4541     the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
4542     first responder district.
4543          (b) (i) A withdrawing municipality or first responder district that disagrees with any
4544     aspect of a feasibility study report may, within 20 business days after receiving a copy of the
4545     report under Subsection (11)(a), submit to the feasibility consultant a written objection
4546     detailing the disagreement.
4547          (ii) (A) A withdrawing municipality that submits a written objection under Subsection
4548     (11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
4549          (B) A first responder district that submits a written objection under Subsection
4550     (11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
4551          (iii) A withdrawing municipality or first responder district may, within 10 business

4552     days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
4553     consultant a written response to the objection.
4554          (iv) (A) A withdrawing municipality that submits a response under Subsection
4555     (11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
4556          (B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
4557     simultaneously deliver a copy of the response to the withdrawing municipality.
4558          (v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
4559     within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
4560     submitting a response to an objection:
4561          (A) modify the feasibility study report or explain in writing why the feasibility
4562     consultant is not modifying the feasibility study report; and
4563          (B) deliver the modified feasibility study report or written explanation to the
4564     withdrawing municipality and first responder local district.
4565          (12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
4566     for submitting an objection or, if an objection is submitted, within seven days after receiving a
4567     modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
4568     30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
4569          (a) make a copy of the report available to the public at the primary office of the
4570     withdrawing municipality; and
4571          (b) if the withdrawing municipality has a website, post a copy of the report on the
4572     municipality's website.
4573          (13) A feasibility study report or, if a feasibility study report is modified under
4574     Subsection (11), a modified feasibility study report may not be challenged unless the basis of
4575     the challenge is that the report results from collusion or fraud.
4576          (14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
4577     submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
4578     the withdrawing municipality's receipt of the modified feasibility study report or written
4579     explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
4580     shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
4581     held:
4582          (i) within the following 60 days; and

4583          (ii) for the purpose of allowing:
4584          (A) the feasibility consultant to present the results of the feasibility study; and
4585          (B) the public to become informed about the feasibility study results, to ask the
4586     feasibility consultant questions about the feasibility study, and to express the public's views
4587     about the proposed withdrawal.
4588          (b) At a public hearing under Subsection (14)(a), the legislative body of the
4589     withdrawing municipality shall:
4590          (i) provide a copy of the feasibility study for public review; and
4591          (ii) allow the public to:
4592          (A) ask the feasibility consultant questions about the feasibility study; and
4593          (B) express the public's views about the withdrawing municipality's proposed
4594     withdrawal from the first responder district.
4595          (15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
4596     hearing under Subsection (14):
4597          (i) at least once a week for three successive weeks in a newspaper of general
4598     circulation within the withdrawing municipality, with the last publication occurring no less
4599     than three days before the first public hearing held under Subsection (14); and
4600          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
4601     three consecutive weeks immediately before the public hearing.
4602          (b) A notice under Subsection (15)(a) shall state:
4603          (i) the date, time, and location of the public hearing; and
4604          (ii) that a copy of the feasibility study report may be obtained, free of charge, at the
4605     office of the withdrawing municipality or on the withdrawing municipality's website.
4606          (16) Unless the withdrawing municipality and first responder district agree otherwise,
4607     conditions that a feasibility study report indicates are necessary to be met for a withdrawal to
4608     be functionally and financially feasible for the withdrawing municipality and first responder
4609     district are binding on the withdrawing municipality and first responder district if the
4610     withdrawal occurs.
4611          Section 70. Section 17B-1-609 is amended to read:
4612          17B-1-609. Hearing to consider adoption -- Notice.
4613          (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:

4614          (a) establish the time and place of a public hearing to consider its adoption; and
4615          (b) except as provided in Subsection (6), order that notice of the hearing:
4616          (i) (A) be published at least seven days before the hearing in at least one issue of a
4617     newspaper of general circulation in the county or counties in which the district is located; or
4618          (B) if no newspaper is circulated generally in the county or counties, be posted in three
4619     public places within the district; and
4620          (ii) be published at least seven days before the hearing on the Utah Public Notice
4621     Website created in Section [63F-1-701] 63A-16-601.
4622          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
4623     required in Subsection (1)(b):
4624          (a) may be combined with the notice required under Section 59-2-919; and
4625          (b) shall be published in accordance with the advertisement provisions of Section
4626     59-2-919.
4627          (3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
4628     notice required in Subsection (1)(b):
4629          (a) may be combined with the notice required under Section 17B-1-643; and
4630          (b) shall be published or mailed in accordance with the notice provisions of Section
4631     17B-1-643.
4632          (4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
4633     prima facie evidence that notice was properly given.
4634          (5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
4635     30 days after the day on which the hearing is held, the notice is adequate and proper.
4636          (6) A board of trustees of a local district with an annual operating budget of less than
4637     $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
4638          (a) mailing a written notice, postage prepaid, to each voter in the local district; and
4639          (b) posting the notice in three public places within the district.
4640          Section 71. Section 17B-1-643 is amended to read:
4641          17B-1-643. Imposing or increasing a fee for service provided by local district.
4642          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
4643     by a local district, each local district board of trustees shall first hold a public hearing at which:
4644          (i) the local district shall demonstrate its need to impose or increase the fee; and

4645          (ii) any interested person may speak for or against the proposal to impose a fee or to
4646     increase an existing fee.
4647          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
4648     no earlier than 6 p.m.
4649          (c) A public hearing required under this Subsection (1) may be combined with a public
4650     hearing on a tentative budget required under Section 17B-1-610.
4651          (d) Except to the extent that this section imposes more stringent notice requirements,
4652     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
4653     in holding the public hearing under Subsection (1)(a).
4654          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
4655     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
4656          (b) The notice required under Subsection (2)(a) shall be published:
4657          (i) on the Utah Public Notice Website established in Section [63F-1-701] 63A-16-601;
4658     and
4659          (ii) (A) in a newspaper or combination of newspapers of general circulation in the local
4660     district, if there is a newspaper or combination of newspapers of general circulation in the local
4661     district; or
4662          (B) if there is no newspaper or combination of newspapers of general circulation in the
4663     local district, the local district board shall post at least one notice per 1,000 population within
4664     the local district, at places within the local district that are most likely to provide actual notice
4665     to residents within the local district.
4666          (c) (i) The notice described in Subsection (2)(b)(ii)(A):
4667          (A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
4668     point, and surrounded by a 1/4-inch border;
4669          (B) may not be placed in that portion of the newspaper where legal notices and
4670     classified advertisements appear;
4671          (C) whenever possible, shall appear in a newspaper that is published at least one day
4672     per week;
4673          (D) shall be in a newspaper or combination of newspapers of general interest and
4674     readership in the local district, and not of limited subject matter; and
4675          (E) shall be run once each week for the two weeks preceding the hearing.

4676          (ii) The notice described in Subsection (2)(b) shall state that the local district board
4677     intends to impose or increase a fee for a service provided by the local district and will hold a
4678     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
4679     seven days after the day the first notice is published, for the purpose of hearing comments
4680     regarding the proposed imposition or increase of a fee and to explain the reasons for the
4681     proposed imposition or increase.
4682          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
4683     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
4684     within the district who:
4685          (A) will be charged the fee for a district service, if the fee is being imposed for the first
4686     time; or
4687          (B) are being charged a fee, if the fee is proposed to be increased.
4688          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c)(ii).
4689          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
4690     fee.
4691          (e) If the hearing required under this section is combined with the public hearing
4692     required under Section 17B-1-610, the notice required under this Subsection (2):
4693          (i) may be combined with the notice required under Section 17B-1-609; and
4694          (ii) shall be published, posted, or mailed in accordance with the notice provisions of
4695     this section.
4696          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
4697     evidence that notice was properly given.
4698          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
4699     within 30 days after the date of the hearing, the notice is considered adequate and proper.
4700          (3) After holding a public hearing under Subsection (1), a local district board may:
4701          (a) impose the new fee or increase the existing fee as proposed;
4702          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
4703     then impose the new fee or increase the existing fee as adjusted; or
4704          (c) decline to impose the new fee or increase the existing fee.
4705          (4) This section applies to each new fee imposed and each increase of an existing fee
4706     that occurs on or after July 1, 1998.

4707          (5) (a) This section does not apply to an impact fee.
4708          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
4709     Impact Fees Act.
4710          Section 72. Section 17B-1-1204 is amended to read:
4711          17B-1-1204. Notice of the hearing on a validation petition -- Amended or
4712     supplemented validation petition.
4713          (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
4714     validation petition, the local district that filed the petition shall:
4715          (a) publish notice:
4716          (i) at least once a week for three consecutive weeks in a newspaper of general
4717     circulation in the county in which the principal office of the district is located; and
4718          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
4719     three weeks immediately before the hearing; and
4720          (b) post notice in its principal office at least 21 days before the date set for the hearing.
4721          (2) Each notice under Subsection (1) shall:
4722          (a) state the date, time, and place of the hearing on the validation petition;
4723          (b) include a general description of the contents of the validation petition; and
4724          (c) if applicable, state the location where a complete copy of a contract that is the
4725     subject of the validation petition may be examined.
4726          (3) If a district amends or supplements a validation petition under Subsection
4727     17B-1-1202(3) after publishing and posting notice as required under Subsection (1), the district
4728     is not required to publish or post notice again unless required by the court.
4729          Section 73. Section 17B-1-1307 is amended to read:
4730          17B-1-1307. Notice of public hearing and of dissolution.
4731          (1) Before holding a public hearing required under Section 17B-1-1306, the
4732     administrative body shall:
4733          (a) (i) publish notice of the public hearing and of the proposed dissolution:
4734          (A) in a newspaper of general circulation within the local district proposed to be
4735     dissolved; and
4736          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
4737     30 days before the public hearing; and

4738          (ii) post notice of the public hearing and of the proposed dissolution in at least four
4739     conspicuous places within the local district proposed to be dissolved, no less than five and no
4740     more than 30 days before the public hearing; or
4741          (b) mail a notice to each owner of property located within the local district and to each
4742     registered voter residing within the local district.
4743          (2) Each notice required under Subsection (1) shall:
4744          (a) identify the local district proposed to be dissolved and the service it was created to
4745     provide; and
4746          (b) state the date, time, and location of the public hearing.
4747          Section 74. Section 17B-2a-705 is amended to read:
4748          17B-2a-705. Taxation -- Additional levy -- Election.
4749          (1) If a mosquito abatement district board of trustees determines that the funds required
4750     during the next ensuing fiscal year will exceed the maximum amount that the district is
4751     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
4752     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
4753     the district should be authorized to impose an additional tax to raise the necessary additional
4754     funds.
4755          (2) The board shall publish notice of the election:
4756          (a) (i) in a newspaper of general circulation within the district at least once, no later
4757     than four weeks before the day of the election;
4758          (ii) if there is no newspaper of general circulation in the district, at least four weeks
4759     before the day of the election, by posting one notice, and at least one additional notice per
4760     2,000 population of the district, in places within the district that are most likely to give notice
4761     to the voters in the district; or
4762          (iii) at least four weeks before the day of the election, by mailing notice to each
4763     registered voter in the district;
4764          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
4765     four weeks before the day of the election;
4766          (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
4767     and
4768          (d) if the district has a website, on the district's website for four weeks before the day

4769     of the election.
4770          (3) No particular form of ballot is required, and no informalities in conducting the
4771     election may invalidate the election, if it is otherwise fairly conducted.
4772          (4) At the election each ballot shall contain the words, "Shall the district be authorized
4773     to impose an additional tax to raise the additional sum of $____?"
4774          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
4775     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
4776     additional levy to raise the additional amount of money required.
4777          Section 75. Section 17B-2a-1110 is amended to read:
4778          17B-2a-1110. Withdrawal from a municipal services district upon incorporation
4779     -- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
4780     transferred to municipal services district.
4781          (1) (a) A municipality may withdraw from a municipal services district in accordance
4782     with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
4783          (b) If a municipality engages a feasibility consultant to conduct a feasibility study
4784     under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)(B) is tolled
4785     from the day that the municipality engages the feasibility consultant to the day on which the
4786     municipality holds the final public hearing under Subsection (5).
4787          (2) (a) If a municipality decides to withdraw from a municipal services district, the
4788     municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
4789     17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
4790          (b) The feasibility consultant shall be chosen:
4791          (i) by the municipal legislative body; and
4792          (ii) in accordance with applicable municipal procurement procedures.
4793          (3) The municipal legislative body shall require the feasibility consultant to:
4794          (a) complete the feasibility study and submit the written results to the municipal
4795     legislative body before the council adopts a resolution under Section 17B-1-502;
4796          (b) submit with the full written results of the feasibility study a summary of the results
4797     no longer than one page in length; and
4798          (c) attend the public hearings under Subsection (5).
4799          (4) (a) The feasibility study shall consider:

4800          (i) population and population density within the withdrawing municipality;
4801          (ii) current and five-year projections of demographics and economic base in the
4802     withdrawing municipality, including household size and income, commercial and industrial
4803     development, and public facilities;
4804          (iii) projected growth in the withdrawing municipality during the next five years;
4805          (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
4806     including overhead, of municipal services in the withdrawing municipality;
4807          (v) assuming the same tax categories and tax rates as currently imposed by the
4808     municipal services district and all other current service providers, the present and five-year
4809     projected revenue for the withdrawing municipality;
4810          (vi) a projection of any new taxes per household that may be levied within the
4811     withdrawing municipality within five years of the withdrawal; and
4812          (vii) the fiscal impact on other municipalities serviced by the municipal services
4813     district.
4814          (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
4815     level and quality of municipal services to be provided to the withdrawing municipality in the
4816     future that fairly and reasonably approximates the level and quality of municipal services being
4817     provided to the withdrawing municipality at the time of the feasibility study.
4818          (ii) In determining the present cost of a municipal service, the feasibility consultant
4819     shall consider:
4820          (A) the amount it would cost the withdrawing municipality to provide municipal
4821     services for the first five years after withdrawing; and
4822          (B) the municipal services district's present and five-year projected cost of providing
4823     municipal services.
4824          (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
4825     and anticipated growth.
4826          (5) If the results of the feasibility study meet the requirements of Subsection (4), the
4827     municipal legislative body shall, at its next regular meeting after receipt of the results of the
4828     feasibility study, schedule at least one public hearing to be held:
4829          (a) within the following 60 days; and
4830          (b) for the purpose of allowing:

4831          (i) the feasibility consultant to present the results of the study; and
4832          (ii) the public to become informed about the feasibility study results, including the
4833     requirement that if the municipality withdraws from the municipal services district, the
4834     municipality must comply with Subsection (9), and to ask questions about those results of the
4835     feasibility consultant.
4836          (6) At a public hearing described in Subsection (5), the municipal legislative body
4837     shall:
4838          (a) provide a copy of the feasibility study for public review; and
4839          (b) allow the public to express its views about the proposed withdrawal from the
4840     municipal services district.
4841          (7) (a) (i) The municipal clerk or recorder shall publish notice of the public hearings
4842     required under Subsection (5):
4843          (A) at least once a week for three successive weeks in a newspaper of general
4844     circulation within the municipality; and
4845          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
4846     three weeks.
4847          (ii) The municipal clerk or recorder shall publish the last publication of notice required
4848     under Subsection (7)(a)(i)(A) at least three days before the first public hearing required under
4849     Subsection (5).
4850          (b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
4851     within the proposed municipality, the municipal clerk or recorder shall post at least one notice
4852     of the hearings per 1,000 population in conspicuous places within the municipality that are
4853     most likely to give notice of the hearings to the residents.
4854          (ii) The municipal clerk or recorder shall post the notices under Subsection (7)(b)(i) at
4855     least seven days before the first hearing under Subsection (5).
4856          (c) The notice under Subsections (7)(a) and (b) shall include the feasibility study
4857     summary and shall indicate that a full copy of the study is available for inspection and copying
4858     at the office of the municipal clerk or recorder.
4859          (8) At a public meeting held after the public hearing required under Subsection (5), the
4860     municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
4861     applicable, if the municipality is in compliance with the other requirements of that section.

4862          (9) The municipality shall pay revenues in excess of 5% to the municipal services
4863     district for 10 years beginning on the next fiscal year immediately following the municipal
4864     legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
4865     or 17B-1-505 if the results of the feasibility study show that the average annual amount of
4866     revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
4867     (4)(a)(iv) by more than 5%.
4868          Section 76. Section 17C-1-207 is amended to read:
4869          17C-1-207. Public entities may assist with project area development.
4870          (1) In order to assist and cooperate in the planning, undertaking, construction, or
4871     operation of project area development within an area in which the public entity is authorized to
4872     act, a public entity may:
4873          (a) (i) provide or cause to be furnished:
4874          (A) parks, playgrounds, or other recreational facilities;
4875          (B) community, educational, water, sewer, or drainage facilities; or
4876          (C) any other works which the public entity is otherwise empowered to undertake;
4877          (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
4878     replan streets, roads, roadways, alleys, sidewalks, or other places;
4879          (iii) in any part of the project area:
4880          (A) (I) plan or replan any property within the project area;
4881          (II) plat or replat any property within the project area;
4882          (III) vacate a plat;
4883          (IV) amend a plat; or
4884          (V) zone or rezone any property within the project area; and
4885          (B) make any legal exceptions from building regulations and ordinances;
4886          (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
4887     rights of any holder of the bonds;
4888          (v) notwithstanding any law to the contrary, enter into an agreement for a period of
4889     time with another public entity concerning action to be taken pursuant to any of the powers
4890     granted in this title;
4891          (vi) do anything necessary to aid or cooperate in the planning or implementation of the
4892     project area development;

4893          (vii) in connection with the project area plan, become obligated to the extent
4894     authorized and funds have been made available to make required improvements or construct
4895     required structures; and
4896          (viii) lend, grant, or contribute funds to an agency for project area development or
4897     proposed project area development, including assigning revenue or taxes in support of an
4898     agency bond or obligation; and
4899          (b) for less than fair market value or for no consideration, and subject to Subsection
4900     (3):
4901          (i) purchase or otherwise acquire property from an agency;
4902          (ii) lease property from an agency;
4903          (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
4904     an agency; or
4905          (iv) lease the public entity's property to an agency.
4906          (2) The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:
4907          (a) project area development assistance that a public entity provides under this section;
4908     or
4909          (b) a transfer of funds or property from an agency to a public entity.
4910          (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
4911     than 15 days after the day on which the public entity posts notice of the assistance on:
4912          (a) the Utah Public Notice Website described in Section [63F-1-701] 63A-16-601; and
4913          (b) the public entity's public website.
4914          Section 77. Section 17C-1-601.5 is amended to read:
4915          17C-1-601.5. Annual agency budget -- Fiscal year -- Public hearing required --
4916     Auditor forms -- Requirement to file form.
4917          (1) Each agency shall prepare an annual budget of the agency's revenues and
4918     expenditures for each fiscal year.
4919          (2) The board shall adopt each agency budget:
4920          (a) for an agency created by a municipality, before June 30; or
4921          (b) for an agency created by a county, before December 15.
4922          (3) The agency's fiscal year shall be the same as the fiscal year of the community that
4923     created the agency.

4924          (4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
4925     annual budget.
4926          (b) Each agency shall provide notice of the public hearing on the annual budget by:
4927          (i) (A) publishing at least one notice in a newspaper of general circulation within the
4928     agency boundaries, one week before the public hearing; or
4929          (B) if there is no newspaper of general circulation within the agency boundaries,
4930     posting a notice of the public hearing in at least three public places within the agency
4931     boundaries; and
4932          (ii) publishing notice on the Utah Public Notice Website created in Section
4933     [63F-1-701] 63A-16-601, at least one week before the public hearing.
4934          (c) Each agency shall make the annual budget available for public inspection at least
4935     three days before the date of the public hearing.
4936          (5) The state auditor shall prescribe the budget forms and the categories to be contained
4937     in each annual budget, including:
4938          (a) revenues and expenditures for the budget year;
4939          (b) legal fees; and
4940          (c) administrative costs, including rent, supplies, and other materials, and salaries of
4941     agency personnel.
4942          (6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
4943     the annual budget with the auditor of the county in which the agency is located, the State Tax
4944     Commission, the state auditor, the State Board of Education, and each taxing entity from which
4945     the agency receives project area funds.
4946          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
4947     state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
4948     state auditor.
4949          Section 78. Section 17C-1-804 is amended to read:
4950          17C-1-804. Notice required for continued hearing.
4951          The board shall give notice of a hearing continued under Section 17C-1-803 by
4952     announcing at the hearing:
4953          (1) the date, time, and place the hearing will be resumed; or
4954          (2) (a) that the hearing is being continued to a later time; and

4955          (b) that the board will cause a notice of the continued hearing to be published on the
4956     Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, at least seven days
4957     before the day on which the hearing is scheduled to resume.
4958          Section 79. Section 17C-1-806 is amended to read:
4959          17C-1-806. Requirements for notice provided by agency.
4960          (1) The notice required by Section 17C-1-805 shall be given by:
4961          (a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
4962     newspaper of general circulation within the county in which the project area or proposed
4963     project area is located, at least 14 days before the hearing;
4964          (ii) if there is no newspaper of general circulation, posting notice at least 14 days
4965     before the day of the hearing in at least three conspicuous places within the county in which the
4966     project area or proposed project area is located; or
4967          (iii) posting notice, excluding the map described in Subsection (3)(b), at least 14 days
4968     before the day on which the hearing is held on:
4969          (A) the Utah Public Notice Website described in Section [63F-1-701] 63A-16-601; and
4970          (B) the public website of a community located within the boundaries of the project
4971     area; and
4972          (b) at least 30 days before the hearing, mailing notice to:
4973          (i) each record owner of property located within the project area or proposed project
4974     area;
4975          (ii) the State Tax Commission;
4976          (iii) the assessor and auditor of the county in which the project area or proposed project
4977     area is located; and
4978          (iv) (A) if a project area is subject to a taxing entity committee, each member of the
4979     taxing entity committee and the State Board of Education; or
4980          (B) if a project area is not subject to a taxing entity committee, the legislative body or
4981     governing board of each taxing entity within the boundaries of the project area or proposed
4982     project area.
4983          (2) The mailing of the notice to record property owners required under Subsection
4984     (1)(b)(i) shall be conclusively considered to have been properly completed if:
4985          (a) the agency mails the notice to the property owners as shown in the records,

4986     including an electronic database, of the county recorder's office and at the addresses shown in
4987     those records; and
4988          (b) the county recorder's office records used by the agency in identifying owners to
4989     whom the notice is mailed and their addresses were obtained or accessed from the county
4990     recorder's office no earlier than 30 days before the mailing.
4991          (3) The agency shall include in each notice required under Section 17C-1-805:
4992          (a) (i) a boundary description of the project area or proposed project area; or
4993          (ii) (A) a mailing address or telephone number where a person may request that a copy
4994     of the boundary description be sent at no cost to the person by mail, email, or facsimile
4995     transmission; and
4996          (B) if the agency or community has an Internet website, an Internet address where a
4997     person may gain access to an electronic, printable copy of the boundary description and other
4998     related information;
4999          (b) a map of the boundaries of the project area or proposed project area;
5000          (c) an explanation of the purpose of the hearing; and
5001          (d) a statement of the date, time, and location of the hearing.
5002          (4) The agency shall include in each notice under Subsection (1)(b):
5003          (a) a statement that property tax revenue resulting from an increase in valuation of
5004     property within the project area or proposed project area will be paid to the agency for project
5005     area development rather than to the taxing entity to which the tax revenue would otherwise
5006     have been paid if:
5007          (i) (A) the taxing entity committee consents to the project area budget; or
5008          (B) one or more taxing entities agree to share property tax revenue under an interlocal
5009     agreement; and
5010          (ii) the project area plan provides for the agency to receive tax increment; and
5011          (b) an invitation to the recipient of the notice to submit to the agency comments
5012     concerning the subject matter of the hearing before the date of the hearing.
5013          (5) An agency may include in a notice under Subsection (1) any other information the
5014     agency considers necessary or advisable, including the public purpose achieved by the project
5015     area development and any future tax benefits expected to result from the project area
5016     development.

5017          Section 80. Section 17C-2-108 is amended to read:
5018          17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
5019     of plan -- Contesting the formation of the plan.
5020          (1) (a) Upon the community legislative body's adoption of an urban renewal project
5021     area plan, or an amendment to a project area plan under Section 17C-2-110, the community
5022     legislative body shall provide notice as provided in Subsection (1)(b) by:
5023          (i) (A) publishing or causing to be published a notice in a newspaper of general
5024     circulation within the agency's boundaries; or
5025          (B) if there is no newspaper of general circulation within the agency's boundaries,
5026     causing a notice to be posted in at least three public places within the agency's boundaries; and
5027          (ii) posting a notice on the Utah Public Notice Website described in Section
5028     [63F-1-701] 63A-16-601.
5029          (b) Each notice under Subsection (1)(a) shall:
5030          (i) set forth the community legislative body's ordinance adopting the project area plan
5031     or a summary of the ordinance; and
5032          (ii) include a statement that the project area plan is available for general public
5033     inspection and the hours for inspection.
5034          (2) The project area plan shall become effective on the date of:
5035          (a) if notice was published under Subsection (1)(a), publication of the notice; or
5036          (b) if notice was posted under Subsection (1)(a), posting of the notice.
5037          (3) (a) For a period of 30 days after the effective date of the project area plan under
5038     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
5039     project area plan if the plan or procedure fails to comply with applicable statutory
5040     requirements.
5041          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
5042     the project area plan or procedure used to adopt the project area plan for any cause.
5043          (4) Upon adoption of the project area plan by the community legislative body, the
5044     agency may carry out the project area plan.
5045          (5) Each agency shall make the project area plan available to the general public at the
5046     agency's office during normal business hours.
5047          Section 81. Section 17C-2-109 is amended to read:

5048          17C-2-109. Agency required to transmit and record documents after adoption of
5049     an urban renewal project area plan.
5050          Within 30 days after the community legislative body adopts, under Section 17C-2-107,
5051     an urban renewal project area plan, the agency shall:
5052          (1) record with the recorder of the county in which the project area is located a
5053     document containing:
5054          (a) a description of the land within the project area;
5055          (b) a statement that the project area plan for the project area has been adopted; and
5056          (c) the date of adoption;
5057          (2) transmit a copy of the description of the land within the project area and an accurate
5058     map or plat indicating the boundaries of the project area to the Automated Geographic
5059     Reference Center created under Section [63F-1-506] 63A-16-505; and
5060          (3) for a project area plan that provides for the agency to receive tax increment,
5061     transmit a copy of the description of the land within the project area, a copy of the community
5062     legislative body ordinance adopting the project area plan, and a map or plat indicating the
5063     boundaries of the project area to:
5064          (a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
5065     part of the project area is located;
5066          (b) the officer or officers performing the function of auditor or assessor for each taxing
5067     entity that does not use the county assessment roll or collect the taxing entity's taxes through
5068     the county;
5069          (c) the legislative body or governing board of each taxing entity;
5070          (d) the State Tax Commission; and
5071          (e) the State Board of Education.
5072          Section 82. Section 17C-3-107 is amended to read:
5073          17C-3-107. Notice of economic development project area plan adoption --
5074     Effective date of plan -- Contesting the formation of the plan.
5075          (1) (a) Upon the community legislative body's adoption of an economic development
5076     project area plan, or an amendment to the project area plan under Section 17C-3-109 that
5077     requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by:
5078          (i) publishing or causing to be published a notice:

5079          (A) in a newspaper of general circulation within the agency's boundaries; or
5080          (B) if there is no newspaper of general circulation within the agency's boundaries,
5081     causing a notice to be posted in at least three public places within the agency's boundaries; and
5082          (ii) on the Utah Public Notice Website described in Section [63F-1-701] 63A-16-601.
5083          (b) Each notice under Subsection (1)(a) shall:
5084          (i) set forth the community legislative body's ordinance adopting the project area plan
5085     or a summary of the ordinance; and
5086          (ii) include a statement that the project area plan is available for public inspection and
5087     the hours for inspection.
5088          (2) The project area plan shall become effective on the date of:
5089          (a) if notice was published under Subsection (1)(a), publication of the notice; or
5090          (b) if notice was posted under Subsection (1)(a), posting of the notice.
5091          (3) (a) For a period of 30 days after the effective date of the project area plan under
5092     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
5093     project area plan if the plan or procedure fails to comply with applicable statutory
5094     requirements.
5095          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
5096     the project area plan or procedure used to adopt the project area plan for any cause.
5097          (4) Upon adoption of the economic development project area plan by the community
5098     legislative body, the agency may implement the project area plan.
5099          (5) Each agency shall make the economic development project area plan available to
5100     the general public at the agency's office during normal business hours.
5101          Section 83. Section 17C-3-108 is amended to read:
5102          17C-3-108. Agency required to transmit and record documents after adoption of
5103     economic development project area plan.
5104          Within 30 days after the community legislative body adopts, under Section 17C-3-106,
5105     an economic development project area plan, the agency shall:
5106          (1) record with the recorder of the county in which the economic development project
5107     area is located a document containing:
5108          (a) a description of the land within the project area;
5109          (b) a statement that the project area plan for the project area has been adopted; and

5110          (c) the date of adoption;
5111          (2) transmit a copy of the description of the land within the project area and an accurate
5112     map or plat indicating the boundaries of the project area to the Automated Geographic
5113     Reference Center created under Section [63F-1-506] 63A-16-505; and
5114          (3) for a project area plan that provides for the agency to receive tax increment,
5115     transmit a copy of the description of the land within the project area, a copy of the community
5116     legislative body ordinance adopting the project area plan, and a map or plat indicating the
5117     boundaries of the project area to:
5118          (a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
5119     part of the project area is located;
5120          (b) the officer or officers performing the function of auditor or assessor for each taxing
5121     entity that does not use the county assessment roll or collect the taxing entity's taxes through
5122     the county;
5123          (c) the legislative body or governing board of each taxing entity;
5124          (d) the State Tax Commission; and
5125          (e) the State Board of Education.
5126          Section 84. Section 17C-4-107 is amended to read:
5127          17C-4-107. Agency required to transmit and record documents after adoption of
5128     community development project area plan.
5129          Within 30 days after the community legislative body adopts, under Section 17C-4-105,
5130     a community development project area plan, the agency shall:
5131          (1) record with the recorder of the county in which the project area is located a
5132     document containing:
5133          (a) a description of the land within the project area;
5134          (b) a statement that the project area plan for the project area has been adopted; and
5135          (c) the date of adoption;
5136          (2) transmit a copy of the description of the land within the project area and an accurate
5137     map or plat indicating the boundaries of the project area to the Automated Geographic
5138     Reference Center created under Section [63F-1-506] 63A-16-505; and
5139          (3) for a project area plan that provides for the agency to receive tax increment,
5140     transmit a copy of the description of the land within the project area, a copy of the community

5141     legislative body ordinance adopting the project area plan, and a map or plat indicating the
5142     boundaries of the project area to:
5143          (a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
5144     part of the project area is located;
5145          (b) the officer or officers performing the function of auditor or assessor for each taxing
5146     entity that does not use the county assessment roll or collect the taxing entity's taxes through
5147     the county;
5148          (c) the legislative body or governing board of each taxing entity;
5149          (d) the State Tax Commission; and
5150          (e) the State Board of Education.
5151          Section 85. Section 17C-4-109 is amended to read:
5152          17C-4-109. Expedited community development project area plan.
5153          (1) As used in this section, "tax increment incentive" means the portion of tax
5154     increment awarded to an industry or business.
5155          (2) A community development project area plan may be adopted or amended without
5156     complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
5157     Hearing and Notice Requirements, if the following requirements are met:
5158          (a) the agency determines by resolution adopted in an open and public meeting the
5159     need to create or amend a project area plan on an expedited basis, which resolution shall
5160     include a description of why expedited action is needed;
5161          (b) a public hearing on the amendment or adoption of the project area plan is held by
5162     the agency;
5163          (c) notice of the public hearing is published at least 14 days before the public hearing
5164     on:
5165          (i) the website of the community that created the agency; and
5166          (ii) the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601;
5167          (d) written consent to the amendment or adoption of the project area plan is given by
5168     all record property owners within the existing or proposed project area;
5169          (e) each taxing entity that will be affected by the tax increment incentive enters into or
5170     amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
5171     Act, and Sections 17C-4-201, 17C-4-203, and 17C-4-204;

5172          (f) the primary market for the goods or services that will be created by the industry or
5173     business entity that will receive a tax increment incentive from the amendment or adoption of
5174     the project area plan is outside of the state;
5175          (g) the industry or business entity that will receive a tax increment incentive from the
5176     amendment or adoption of the project area plan is not primarily engaged in retail trade; and
5177          (h) a tax increment incentive is only provided to an industry or business entity:
5178          (i) on a postperformance basis as described in Subsection (3); and
5179          (ii) on an annual basis after the tax increment is received by the agency.
5180          (3) An industry or business entity may only receive a tax increment incentive under this
5181     section after entering into an agreement with the agency that sets postperformance targets that
5182     shall be met before the industry or business entity may receive the tax increment incentive,
5183     including annual targets for:
5184          (a) capital investment in the project area;
5185          (b) the increase in the taxable value of the project area;
5186          (c) the number of new jobs created in the project area;
5187          (d) the average wages of the jobs created, which shall be at least 110% of the
5188     prevailing wage of the county where the project area is located; and
5189          (e) the amount of local vendor opportunity generated by the industry or business entity.
5190          Section 86. Section 17C-4-202 is amended to read:
5191          17C-4-202. Resolution or interlocal agreement to provide project area funds for
5192     the community development project area plan -- Notice -- Effective date of resolution or
5193     interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
5194     of resolution or interlocal agreement.
5195          (1) The approval and adoption of each resolution or interlocal agreement under
5196     Subsection 17C-4-201(2) shall be in an open and public meeting.
5197          (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
5198     17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by:
5199          (i) (A) publishing or causing to be published a notice in a newspaper of general
5200     circulation within the agency's boundaries; or
5201          (B) if there is no newspaper of general circulation within the agency's boundaries,
5202     causing a notice to be posted in at least three public places within the agency's boundaries; and

5203          (ii) publishing or causing to be published a notice on the Utah Public Notice Website
5204     created in Section [63F-1-701] 63A-16-601.
5205          (b) Each notice under Subsection (2)(a) shall:
5206          (i) set forth a summary of the resolution or interlocal agreement; and
5207          (ii) include a statement that the resolution or interlocal agreement is available for
5208     public inspection and the hours of inspection.
5209          (3) The resolution or interlocal agreement shall become effective on the date of:
5210          (a) if notice was published under Subsection (2)(a)(i)(A) or (2)(a)(ii), publication of the
5211     notice; or
5212          (b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.
5213          (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
5214     agreement under Subsection (3), any person may contest the resolution or interlocal agreement
5215     or the procedure used to adopt the resolution or interlocal agreement if the resolution or
5216     interlocal agreement or procedure fails to comply with applicable statutory requirements.
5217          (b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
5218          (i) the resolution or interlocal agreement;
5219          (ii) a distribution of tax increment to the agency under the resolution or interlocal
5220     agreement; or
5221          (iii) the agency's use of project area funds under the resolution or interlocal agreement.
5222          (5) Each agency that is to receive project area funds under a resolution or interlocal
5223     agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters
5224     into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal
5225     agreement, as the case may be, available at the taxing entity's offices to the public for
5226     inspection and copying during normal business hours.
5227          Section 87. Section 17C-5-110 is amended to read:
5228          17C-5-110. Notice of community reinvestment project area plan adoption --
5229     Effective date of plan -- Contesting the formation of the plan.
5230          (1) (a) Upon a community legislative body's adoption of a community reinvestment
5231     project area plan in accordance with Section 17C-5-109, or an amendment to a community
5232     reinvestment project area plan in accordance with Section 17C-5-112, the community
5233     legislative body shall provide notice of the adoption or amendment in accordance with

5234     Subsection (1)(b) by:
5235          (i) (A) causing a notice to be published in a newspaper of general circulation within the
5236     community; or
5237          (B) if there is no newspaper of general circulation within the community, causing a
5238     notice to be posted in at least three public places within the community; and
5239          (ii) posting a notice on the Utah Public Notice Website described in Section
5240     [63F-1-701] 63A-16-601.
5241          (b) A notice described in Subsection (1)(a) shall include:
5242          (i) a copy of the community legislative body's ordinance, or a summary of the
5243     ordinance, that adopts the community reinvestment project area plan; and
5244          (ii) a statement that the community reinvestment project area plan is available for
5245     public inspection and the hours for inspection.
5246          (2) A community reinvestment project area plan is effective on the day on which notice
5247     of adoption is published or posted in accordance with Subsection (1)(a).
5248          (3) A community reinvestment project area is considered created the day on which the
5249     community reinvestment project area plan becomes effective as described in Subsection (2).
5250          (4) (a) Within 30 days after the day on which a community reinvestment project area
5251     plan is effective, a person may contest the community reinvestment project area plan or the
5252     procedure used to adopt the community reinvestment project area plan if the community
5253     reinvestment project area plan or the procedure fails to comply with a provision of this title.
5254          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
5255     contest the community reinvestment project area plan or the procedure used to adopt the
5256     community reinvestment project area plan.
5257          (5) Upon adoption of a community reinvestment project area plan by the community
5258     legislative body, the agency may implement the community reinvestment project area plan.
5259          (6) The agency shall make the community reinvestment project area plan available to
5260     the public at the agency's office during normal business hours.
5261          Section 88. Section 17C-5-111 is amended to read:
5262          17C-5-111. Agency required to transmit and record documentation after
5263     adoption of community reinvestment project area plan.
5264          Within 30 days after the day on which a community legislative body adopts a

5265     community reinvestment project area plan under Section 17C-5-109, the agency shall:
5266          (1) record with the recorder of the county in which the community reinvestment project
5267     area is located a document containing:
5268          (a) the name of the community reinvestment project area;
5269          (b) a boundary description of the community reinvestment project area; and
5270          (c) (i) a statement that the community legislative body adopted the community
5271     reinvestment project area plan; and
5272          (ii) the day on which the community legislative body adopted the community
5273     reinvestment project area plan;
5274          (2) transmit a copy of a description of the land within the community reinvestment
5275     project area and an accurate map or plat indicating the boundaries of the community
5276     reinvestment project area to the Automated Geographic Reference Center created in Section
5277     [63F-1-506] 63A-16-505; and
5278          (3) for a community reinvestment project area plan that provides for the agency to
5279     receive tax increment, transmit a copy of a description of the land within the community
5280     reinvestment project area, a copy of the community legislative body ordinance adopting the
5281     community reinvestment project area plan, and an accurate map or plat indicating the
5282     boundaries of the community reinvestment project area to:
5283          (a) the auditor, recorder, county or district attorney, surveyor, and assessor of each
5284     county in which any part of the community reinvestment project area is located;
5285          (b) the officer or officers performing the function of auditor or assessor for each taxing
5286     entity that does not use the county assessment roll or collect the taxing entity's taxes through
5287     the county;
5288          (c) the legislative body or governing board of each taxing entity;
5289          (d) the State Tax Commission; and
5290          (e) the State Board of Education.
5291          Section 89. Section 17C-5-113 is amended to read:
5292          17C-5-113. Expedited community reinvestment project area plan.
5293          (1) As used in this section:
5294          (a) "Qualified business entity" means a business entity that:
5295          (i) has a primary market for the qualified business entity's goods or services outside of

5296     the state; and
5297          (ii) is not primarily engaged in retail sales.
5298          (b) "Tax increment incentive" means the portion of an agency's tax increment that is
5299     paid to a qualified business entity for the purpose of implementing a community reinvestment
5300     project area plan.
5301          (2) An agency and a qualified business entity may, in accordance with Subsection (3),
5302     enter into an agreement that allows the qualified business entity to receive a tax increment
5303     incentive.
5304          (3) An agreement described in Subsection (2) shall set annual postperformance targets
5305     for:
5306          (a) capital investment within the community reinvestment project area;
5307          (b) the number of new jobs created within the community reinvestment project area;
5308          (c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
5309     the prevailing wage of the county within which the community reinvestment project area is
5310     located; and
5311          (d) the amount of local vendor opportunity generated by the qualified business entity.
5312          (4) A qualified business entity may only receive a tax increment incentive:
5313          (a) if the qualified business entity complies with the agreement described in Subsection
5314     (3);
5315          (b) on a postperformance basis; and
5316          (c) on an annual basis after the agency receives tax increment from a taxing entity.
5317          (5) An agency may create or amend a community reinvestment project area plan for the
5318     purpose of providing a tax increment incentive without complying with the requirements
5319     described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
5320          (a) the agency:
5321          (i) holds a public hearing to consider the need to create or amend a community
5322     reinvestment project area plan on an expedited basis;
5323          (ii) posts notice at least 14 days before the day on which the public hearing described
5324     in Subsection (5)(a)(i) is held on:
5325          (A) the community's website; and
5326          (B) the Utah Public Notice Website as described in Section [63F-1-701] 63A-16-601;

5327     and
5328          (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
5329     amend the community reinvestment project area plan on an expedited basis;
5330          (b) all record property owners within the existing or proposed community reinvestment
5331     project area plan give written consent; and
5332          (c) each taxing entity affected by the tax increment incentive consents and enters into
5333     an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
5334     to the qualified business entity.
5335          Section 90. Section 17C-5-205 is amended to read:
5336          17C-5-205. Interlocal agreement to provide project area funds for the community
5337     reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
5338     interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
5339     agreement.
5340          (1) An agency shall:
5341          (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
5342     open and public meeting; and
5343          (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
5344     Reinvestment Project Area."
5345          (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
5346     the agency shall provide notice of the execution by:
5347          (i) (A) publishing or causing to be published a notice in a newspaper of general
5348     circulation within the agency's boundaries; or
5349          (B) if there is no newspaper of general circulation within the agency's boundaries,
5350     causing the notice to be posted in at least three public places within the agency's boundaries;
5351     and
5352          (ii) publishing or causing the notice to be published on the Utah Public Notice Website
5353     created in Section [63F-1-701] 63A-16-601.
5354          (b) A notice described in Subsection (2)(a) shall include:
5355          (i) a summary of the interlocal agreement; and
5356          (ii) a statement that the interlocal agreement:
5357          (A) is available for public inspection and the hours for inspection; and

5358          (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
5359     sales and use tax revenue.
5360          (3) An interlocal agreement described in Section 17C-5-204 is effective the day on
5361     which the notice described in Subsection (2) is published or posted in accordance with
5362     Subsection (2)(a).
5363          (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
5364     person may contest the interlocal agreement or the procedure used to adopt the interlocal
5365     agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
5366          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
5367     contest:
5368          (i) the interlocal agreement;
5369          (ii) a distribution of tax increment to the agency under the interlocal agreement; or
5370          (iii) the agency's use of project area funds under the interlocal agreement.
5371          (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
5372     shall make a copy of the interlocal agreement available to the public at the taxing entity's office
5373     for inspection and copying during normal business hours.
5374          Section 91. Section 17D-3-305 is amended to read:
5375          17D-3-305. Setting the date of nomination of the board of supervisors -- Notice
5376     requirements.
5377          (1) The commission shall set the date of the nomination of members of the board of
5378     supervisors of a conservation district.
5379          (2) The commission shall publish notice of the nomination day described in Subsection
5380     (1):
5381          (a) (i) in a newspaper of general circulation within the conservation district at least
5382     once, no later than four weeks before the day of the nomination; or
5383          (ii) if there is no newspaper of general circulation in the conservation district, at least
5384     four weeks before the nomination day, by posting one notice, and at least one additional notice
5385     per 2,000 population of the conservation district, in places within the conservation district that
5386     are most likely to give notice to the residents in the conservation district;
5387          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5388     four weeks before the day of the nomination;

5389          (c) in accordance with Section 45-1-101, for four weeks before the day of the
5390     nomination; and
5391          (d) if the conservation district has a website, on the conservation district's website for
5392     four weeks before the day of the nomination.
5393          (3) The commissioner shall appoint the board of members by no later than six weeks
5394     after the date set by the commission for the close of nominations.
5395          (4) The notice required under Subsection (2) shall state:
5396          (a) the nomination date; and
5397          (b) the number of open board member positions for the conservation district.
5398          Section 92. Section 19-1-202 is amended to read:
5399          19-1-202. Duties and powers of the executive director.
5400          (1) The executive director shall:
5401          (a) administer and supervise the department;
5402          (b) coordinate policies and program activities conducted through boards, divisions, and
5403     offices of the department;
5404          (c) approve the proposed budget of each board, division, and office within the
5405     department;
5406          (d) approve all applications for federal grants or assistance in support of any
5407     department program;
5408          (e) with the governor's specific, prior approval, expend funds appropriated by the
5409     Legislature necessary for participation by the state in any fund, property, or service provided by
5410     the federal government; and
5411          (f) in accordance with Section 19-1-301, appoint one or more administrative law
5412     judges to hear an adjudicative proceeding within the department.
5413          (2) The executive director may:
5414          (a) issue orders to enforce state laws and rules established by the department except
5415     where the enforcement power is given to a board created under Section 19-1-106, unless the
5416     executive director finds that a condition exists that creates a clear and present hazard to the
5417     public health or the environment and requires immediate action, and if the enforcement power
5418     is vested with a board created under Section 19-1-106, the executive director may with the
5419     concurrence of the governor order any person causing or contributing to the condition to

5420     reduce, mitigate, or eliminate the condition;
5421          (b) with the approval of the governor, participate in the distribution, disbursement, or
5422     administration of any fund or service, advanced, offered, or contributed by the federal
5423     government for purposes consistent with the powers and duties of the department;
5424          (c) accept and receive funds and gifts available from private and public groups for the
5425     purposes of promoting and protecting the public health and the environment and expend the
5426     funds as appropriated by the Legislature;
5427          (d) make policies not inconsistent with law for the internal administration and
5428     government of the department, the conduct of its employees, and the custody, use, and
5429     preservation of the records, papers, books, documents, and property of the department;
5430          (e) create advisory committees as necessary to assist in carrying out the provisions of
5431     this title;
5432          (f) appoint division directors who may be removed at the will of the executive director
5433     and who shall be compensated in an amount fixed by the executive director;
5434          (g) advise, consult, and cooperate with other agencies of the state, the federal
5435     government, other states and interstate agencies, affected groups, political subdivisions, and
5436     industries in carrying out the purposes of this title;
5437          (h) consistent with Title [67] 63A, Chapter [19] 17, Utah State Personnel Management
5438     Act, employ employees necessary to meet the requirements of this title;
5439          (i) authorize any employee or representative of the division to conduct inspections as
5440     permitted in this title;
5441          (j) encourage, participate in, or conduct any studies, investigations, research, and
5442     demonstrations relating to hazardous materials or substances releases necessary to meet the
5443     requirements of this title;
5444          (k) collect and disseminate information about hazardous materials or substances
5445     releases;
5446          (l) review plans, specifications, or other data relating to hazardous substances releases
5447     as provided in this title;
5448          (m) maintain, update not less than annually, and make available to the public a record
5449     of sites, by name and location, at which response actions for the protection of the public health
5450     and environment under Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, or

5451     under Title 19, Chapter 8, Voluntary Cleanup Program, have been completed in the previous
5452     calendar year, and those that the department plans to address in the upcoming year pursuant to
5453     this title, including if upon completion of the response action the site:
5454          (i) will be suitable for unrestricted use; or
5455          (ii) will be suitable only for restricted use, stating the institutional controls identified in
5456     the remedy to which use of the site is subject; and
5457          (n) for purposes of implementing environmental mitigation and response actions:
5458          (i) accept and receive environmental mitigation and response funds from private and
5459     public groups, including as a condition of a consent decree, settlement agreement, stipulated
5460     agreement, or court order; and
5461          (ii) administer the implementation of environmental mitigation and response actions in
5462     accordance with the terms and conditions in which funds were received, including:
5463          (A) disbursing funds to private or public entities, governmental units, state agencies, or
5464     Native American tribes;
5465          (B) expending funds to implement environmental mitigation and response actions; and
5466          (C) returning unused funds to the original source of the funds as a condition of receipt
5467     of the funds, if applicable.
5468          Section 93. Section 19-1-308 is amended to read:
5469          19-1-308. Background checks for employees.
5470          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
5471     created in Section 53-10-201.
5472          (2) Beginning July 1, 2018, the department shall require all appointees and applicants
5473     for the following positions to submit to a fingerprint-based local, regional, and national
5474     criminal history background check and ongoing monitoring as a condition of employment:
5475          (a) administrative services managers;
5476          (b) financial analysts;
5477          (c) financial managers; and
5478          (d) schedule AB and AD employees, in accordance with Section [67-19-15]
5479     63A-17-301, in appointed positions.
5480          (3) Each appointee or applicant for a position listed in Subsection (2) shall provide a
5481     completed fingerprint card to the department upon request.

5482          (4) The department shall require that an individual required to submit to a background
5483     check under Subsection (3) provide a signed waiver on a form provided by the department that
5484     meets the requirements of Subsection 53-10-108(4).
5485          (5) For a noncriminal justice background search and registration in accordance with
5486     Subsection 53-10-108(13), the department shall submit to the bureau:
5487          (a) the applicant's personal identifying information and fingerprints for a criminal
5488     history search of applicable local, regional, and national databases; and
5489          (b) a request for all information received as a result of the local, regional, and
5490     nationwide background check.
5491          (6) The department is responsible for the payment of all fees required by Subsection
5492     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
5493     the bureau.
5494          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
5495     Administrative Rulemaking Act, that:
5496          (a) determine how the department will assess the employment status of an individual
5497     upon receipt of background information; and
5498          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
5499     with Subsection 53-10-108(13)(b).
5500          Section 94. Section 19-2-109 is amended to read:
5501          19-2-109. Air quality standards -- Hearings on adoption -- Orders of director --
5502     Adoption of emission control requirements.
5503          (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
5504     hearings.
5505          (b) Notice of any public hearing for the consideration, adoption, or amendment of air
5506     quality standards shall specify the locations to which the proposed standards apply and the
5507     time, date, and place of the hearing.
5508          (c) The notice shall be:
5509          (i) (A) published at least twice in any newspaper of general circulation in the area
5510     affected; and
5511          (B) published on the Utah Public Notice Website created in Section [63F-1-701]
5512     63A-16-601, at least 20 days before the public hearing; and

5513          (ii) mailed at least 20 days before the public hearing to the chief executive of each
5514     political subdivision of the area affected and to other persons the director has reason to believe
5515     will be affected by the standards.
5516          (d) The adoption of air quality standards or any modification or changes to air quality
5517     standards shall be by order of the director following formal action of the board with respect to
5518     the standards.
5519          (e) The order shall be published:
5520          (i) in a newspaper of general circulation in the area affected; and
5521          (ii) as required in Section 45-1-101.
5522          (2) (a) The board may establish emission control requirements by rule that in its
5523     judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
5524     may vary from area to area, taking into account varying local conditions.
5525          (b) In adopting these requirements, the board shall give notice and conduct public
5526     hearings in accordance with the requirements in Subsection (1).
5527          Section 95. Section 20A-1-512 is amended to read:
5528          20A-1-512. Midterm vacancies on local district boards.
5529          (1) (a) Whenever a vacancy occurs on any local district board for any reason, the
5530     following shall appoint a replacement to serve out the unexpired term in accordance with this
5531     section:
5532          (i) the local district board, if the person vacating the position was elected; or
5533          (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
5534     appointing authority appointed the person vacating the position.
5535          (b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
5536     district board or appointing authority shall:
5537          (i) give public notice of the vacancy at least two weeks before the local district board
5538     or appointing authority meets to fill the vacancy by:
5539          (A) if there is a newspaper of general circulation, as that term is defined in Section
5540     45-1-201, within the district, publishing the notice in the newspaper of general circulation;
5541          (B) posting the notice in three public places within the local district; and
5542          (C) posting on the Utah Public Notice Website created under Section [63F-1-701]
5543     63A-16-601; and

5544          (ii) identify, in the notice:
5545          (A) the date, time, and place of the meeting where the vacancy will be filled;
5546          (B) the individual to whom an individual who is interested in an appointment to fill the
5547     vacancy may submit the individual's name for consideration; and
5548          (C) any submission deadline.
5549          (c) An appointing authority is not subject to Subsection (1)(b) if:
5550          (i) the appointing authority appoints one of the appointing authority's own members;
5551     and
5552          (ii) that member meets all applicable statutory board member qualifications.
5553          (2) If the local district board fails to appoint an individual to complete an elected board
5554     member's term within 90 days, the legislative body of the county or municipality that created
5555     the local district shall fill the vacancy in accordance with the procedure for a local district
5556     described in Subsection (1)(b).
5557          Section 96. Section 20A-3a-604 is amended to read:
5558          20A-3a-604. Notice of time and place of early voting.
5559          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
5560     election officer shall, at least 19 days before the date of the election, publish notice of the dates,
5561     times, and locations of early voting:
5562          (a) (i) in one issue of a newspaper of general circulation in the county;
5563          (ii) if there is no newspaper of general circulation in the county, in addition to posting
5564     the notice described in Subsection (1)(b), by posting one notice, and at least one additional
5565     notice per 2,000 population of the county, in places within the county that are most likely to
5566     give notice to the residents in the county; or
5567          (iii) by mailing notice to each registered voter in the county;
5568          (b) by posting the notice at each early voting polling place;
5569          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5570     19 days before the day of the election;
5571          (d) in accordance with Section 45-1-101, for 19 days before the date of the election;
5572     and
5573          (e) on the county's website for 19 days before the day of the election.
5574          (2) Instead of publishing all dates, times, and locations of early voting under

5575     Subsection (1), the election officer may publish a statement that specifies the following sources
5576     where a voter may view or obtain a copy of all dates, times, and locations of early voting:
5577          (a) the county's website;
5578          (b) the physical address of the county's offices; and
5579          (c) a mailing address and telephone number.
5580          (3) The election officer shall include in the notice described in Subsection (1):
5581          (a) the address of the Statewide Electronic Voter Information Website and, if available,
5582     the address of the election officer's website, with a statement indicating that the election officer
5583     will post on the website the location of each early voting polling place, including any changes
5584     to the location of an early voting polling place and the location of additional early voting
5585     polling places; and
5586          (b) a phone number that a voter may call to obtain information regarding the location
5587     of an early voting polling place.
5588          Section 97. Section 20A-4-104 is amended to read:
5589          20A-4-104. Counting ballots electronically.
5590          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
5591     election officer shall test the automatic tabulating equipment to ensure that it will accurately
5592     count the votes cast for all offices and all measures.
5593          (b) The election officer shall publish public notice of the time and place of the test:
5594          (i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
5595     general circulation in the county, municipality, or jurisdiction where the equipment is used;
5596          (B) if there is no daily or weekly newspaper of general circulation in the county,
5597     municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
5598     test, by posting one notice, and at least one additional notice per 2,000 population of the
5599     county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
5600     that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
5601          (C) at least 10 days before the day of the test, by mailing notice to each registered voter
5602     in the county, municipality, or jurisdiction where the equipment is used;
5603          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5604     four weeks before the day of the test;
5605          (iii) in accordance with Section 45-1-101, for at least 10 days before the day of the test;

5606     and
5607          (iv) if the county, municipality, or jurisdiction has a website, on the website for four
5608     weeks before the day of the test.
5609          (c) The election officer shall conduct the test by processing a preaudited group of
5610     ballots.
5611          (d) The election officer shall ensure that:
5612          (i) a predetermined number of valid votes for each candidate and measure are recorded
5613     on the ballots;
5614          (ii) for each office, one or more ballots have votes in excess of the number allowed by
5615     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
5616          (iii) a different number of valid votes are assigned to each candidate for an office, and
5617     for and against each measure.
5618          (e) If any error is detected, the election officer shall determine the cause of the error
5619     and correct it.
5620          (f) The election officer shall ensure that:
5621          (i) the automatic tabulating equipment produces an errorless count before beginning
5622     the actual counting; and
5623          (ii) the automatic tabulating equipment passes the same test at the end of the count
5624     before the election returns are approved as official.
5625          (2) (a) The election officer or the election officer's designee shall supervise and direct
5626     all proceedings at the counting center.
5627          (b) (i) Proceedings at the counting center are public and may be observed by interested
5628     persons.
5629          (ii) Only those persons authorized to participate in the count may touch any ballot or
5630     return.
5631          (c) The election officer shall deputize and administer an oath or affirmation to all
5632     persons who are engaged in processing and counting the ballots that they will faithfully
5633     perform their assigned duties.
5634          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
5635     automatic tabulating equipment, the election officer shall ensure that two counting judges
5636     jointly :

5637          (a) make a true replication of the ballot with an identifying serial number;
5638          (b) substitute the replicated ballot for the damaged or defective ballot;
5639          (c) label the replicated ballot "replicated"; and
5640          (d) record the replicated ballot's serial number on the damaged or defective ballot.
5641          (4) The election officer may:
5642          (a) conduct an unofficial count before conducting the official count in order to provide
5643     early unofficial returns to the public;
5644          (b) release unofficial returns from time to time after the polls close; and
5645          (c) report the progress of the count for each candidate during the actual counting of
5646     ballots.
5647          (5) The election officer shall review and evaluate the provisional ballot envelopes and
5648     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
5649          (6) (a) The election officer or the election officer's designee shall:
5650          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
5651          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
5652          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
5653     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
5654     count the valid write-in vote as being the obvious intent of the voter.
5655          (7) (a) The election officer shall certify the return printed by the automatic tabulating
5656     equipment, to which have been added write-in and absentee votes, as the official return of each
5657     voting precinct.
5658          (b) Upon completion of the count, the election officer shall make official returns open
5659     to the public.
5660          (8) If for any reason it becomes impracticable to count all or a part of the ballots with
5661     tabulating equipment, the election officer may direct that they be counted manually according
5662     to the procedures and requirements of this part.
5663          (9) After the count is completed, the election officer shall seal and retain the programs,
5664     test materials, and ballots as provided in Section 20A-4-202.
5665          Section 98. Section 20A-4-304 is amended to read:
5666          20A-4-304. Declaration of results -- Canvassers' report.
5667          (1) Each board of canvassers shall:

5668          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
5669     declare "elected" or "nominated" those persons who:
5670          (i) had the highest number of votes; and
5671          (ii) sought election or nomination to an office completely within the board's
5672     jurisdiction;
5673          (b) declare:
5674          (i) "approved" those ballot propositions that:
5675          (A) had more "yes" votes than "no" votes; and
5676          (B) were submitted only to the voters within the board's jurisdiction;
5677          (ii) "rejected" those ballot propositions that:
5678          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
5679     votes; and
5680          (B) were submitted only to the voters within the board's jurisdiction;
5681          (c) certify the vote totals for persons and for and against ballot propositions that were
5682     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
5683     the lieutenant governor; and
5684          (d) if applicable, certify the results of each local district election to the local district
5685     clerk.
5686          (2) As soon as the result is declared, the election officer shall prepare a report of the
5687     result, which shall contain:
5688          (a) the total number of votes cast in the board's jurisdiction;
5689          (b) the names of each candidate whose name appeared on the ballot;
5690          (c) the title of each ballot proposition that appeared on the ballot;
5691          (d) each office that appeared on the ballot;
5692          (e) from each voting precinct:
5693          (i) the number of votes for each candidate;
5694          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
5695     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
5696     potential ballot-counting phase and the name of the candidate excluded in each canvassing
5697     phase; and
5698          (iii) the number of votes for and against each ballot proposition;

5699          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
5700     and against each ballot proposition;
5701          (g) the number of ballots that were rejected; and
5702          (h) a statement certifying that the information contained in the report is accurate.
5703          (3) The election officer and the board of canvassers shall:
5704          (a) review the report to ensure that it is correct; and
5705          (b) sign the report.
5706          (4) The election officer shall:
5707          (a) record or file the certified report in a book kept for that purpose;
5708          (b) prepare and transmit a certificate of nomination or election under the officer's seal
5709     to each nominated or elected candidate;
5710          (c) publish a copy of the certified report in accordance with Subsection (5); and
     
5711          (d) file a copy of the certified report with the lieutenant governor.
5712          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
5713     days after the day on which the board of canvassers declares the election results, publish the
5714     certified report described in Subsection (2):
5715          (a) (i) at least once in a newspaper of general circulation within the jurisdiction;
5716          (ii) if there is no newspaper of general circulation within the jurisdiction, by posting
5717     one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places
5718     within the jurisdiction that are most likely to give notice to the residents of the jurisdiction; or
5719          (iii) by mailing notice to each residence within the jurisdiction;
5720          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5721     one week;
5722          (c) in accordance with Section 45-1-101, for one week; and
5723          (d) if the jurisdiction has a website, on the jurisdiction's website for one week.
5724          (6) Instead of publishing the entire certified report under Subsection (5), the election
5725     officer may publish a statement that:
5726          (a) includes the following: "The Board of Canvassers for [indicate name of
5727     jurisdiction] has prepared a report of the election results for the [indicate type and date of
5728     election]."; and

5729          (b) specifies the following sources where an individual may view or obtain a copy of
5730     the entire certified report:
5731          (i) if the jurisdiction has a website, the jurisdiction's website;
5732          (ii) the physical address for the jurisdiction; and
5733          (iii) a mailing address and telephone number.
5734          (7) When there has been a regular general or a statewide special election for statewide
5735     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
5736     or more county ballot proposition, each board of canvassers shall:
5737          (a) prepare a separate report detailing the number of votes for each candidate and the
5738     number of votes for and against each ballot proposition; and
5739          (b) transmit the separate report by registered mail to the lieutenant governor.
5740          (8) In each county election, municipal election, school election, local district election,
5741     and local special election, the election officer shall transmit the reports to the lieutenant
5742     governor within 14 days after the date of the election.
5743          (9) In a regular primary election and in a presidential primary election, the board shall
5744     transmit to the lieutenant governor:
5745          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
5746     governor not later than the second Tuesday after the election; and
5747          (b) a complete tabulation showing voting totals for all primary races, precinct by
5748     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
5749     primary election.
5750          Section 99. Section 20A-5-101 is amended to read:
5751          20A-5-101. Notice of election.
5752          (1) On or before November 15 in the year before each regular general election year, the
5753     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
5754          (a) designates the offices to be filled at the next year's regular general election;
5755          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
5756     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
5757     and 20A-9-408 for those offices; and
5758          (c) contains a description of any ballot propositions to be decided by the voters that
5759     have qualified for the ballot as of that date.

5760          (2) No later than seven business days after the day on which the lieutenant governor
5761     transmits the written notice described in Subsection (1), each county clerk shall publish notice,
5762     in accordance with Subsection (3):
5763          (a) (i) in a conspicuous place most likely to give notice of the election to the voters in
5764     each voting precinct within the county; and
5765          (ii) prepare an affidavit of the posting, showing a copy of the notice and the places
5766     where the notice was posted;
5767          (b) (i) in a newspaper of general circulation in the county;
5768          (ii) if there is no newspaper of general circulation within the county, in addition to the
5769     notice described in Subsection (2)(a), by posting one notice, and at least one additional notice
5770     per 2,000 population of the county, in places within the county that are most likely to give
5771     notice of the election to the voters in the county; or
5772          (iii) by mailing notice to each registered voter in the county;
5773          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5774     seven days before the day of the election;
5775          (d) in accordance with Section 45-1-101, for seven days before the day of the election;
5776     and
5777          (e) on the county's website for seven days before the day of the election.
5778          (3) The notice described in Subsection (2) shall:
5779          (a) designate the offices to be voted on in that election; and
5780          (b) identify the dates for filing a declaration of candidacy for those offices.
5781          (4) Except as provided in Subsection (6), before each election, the election officer shall
5782     give printed notice of the following information:
5783          (a) the date of election;
5784          (b) the hours during which the polls will be open;
5785          (c) the polling places for each voting precinct, early voting polling place, and election
5786     day voting center;
5787          (d) the address of the Statewide Electronic Voter Information Website and, if available,
5788     the address of the election officer's website, with a statement indicating that the election officer
5789     will post on the website any changes to the location of a polling place and the location of any
5790     additional polling place;

5791          (e) a phone number that a voter may call to obtain information regarding the location of
5792     a polling place; and
5793          (f) the qualifications for persons to vote in the election.
5794          (5) To provide the printed notice described in Subsection (4), the election officer shall
5795     publish the notice:
5796          (a) (i) in a newspaper of general circulation in the jurisdiction to which the election
5797     pertains at least two days before the day of the election;
5798          (ii) if there is no newspaper of general circulation in the jurisdiction to which the
5799     election pertains, at least two days before the day of the election, by posting one notice, and at
5800     least one additional notice per 2,000 population of the jurisdiction, in places within the
5801     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
5802          (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
5803     which the election pertains at least five days before the day of the election;
5804          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5805     two days before the day of the election;
5806          (c) in accordance with Section 45-1-101, for two days before the day of the election;
5807     and
5808          (d) if the jurisdiction has a website, on the jurisdiction's website for two days before
5809     the day of the election.
5810          (6) Instead of including the information described in Subsection (4) in the notice, the
5811     election officer may give printed notice that:
5812          (a) is entitled "Notice of Election";
5813          (b) includes the following: "A [indicate election type] will be held in [indicate the
5814     jurisdiction] on [indicate date of election]. Information relating to the election, including
5815     polling places, polling place hours, and qualifications of voters may be obtained from the
5816     following sources:"; and
5817          (c) specifies the following sources where an individual may view or obtain the
5818     information described in Subsection (4):
5819          (i) if the jurisdiction has a website, the jurisdiction's website;
5820          (ii) the physical address of the jurisdiction offices; and
5821          (iii) a mailing address and telephone number.

5822          Section 100. Section 20A-5-303 is amended to read:
5823          20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
5824     Common polling places -- Combined voting precincts.
5825          (1) (a) After receiving recommendations from the county clerk, the county legislative
5826     body may establish, divide, abolish, and change voting precincts.
5827          (b) Within 30 days after the establishment, division, abolition, or change of a voting
5828     precinct under this section, the county legislative body shall file with the Automated
5829     Geographic Reference Center, created under Section [63F-1-506] 63A-16-505, a notice
5830     describing the action taken and specifying the resulting boundaries of each voting precinct
5831     affected by the action.
5832          (2) (a) The county legislative body shall alter or divide voting precincts so that each
5833     voting precinct contains not more than 1,250 active voters.
5834          (b) The county legislative body shall:
5835          (i) identify those precincts that may reach the limit of active voters in a precinct under
5836     Subsection (2)(a) or that becomes too large to facilitate the election process; and
5837          (ii) except as provided by Subsection (3), divide those precincts on or before January 1
5838     of a general election year.
5839          (3) A county legislative body shall divide a precinct identified under Subsection
5840     (2)(b)(i) on or before January 31 of a regular general election year that immediately follows the
5841     calendar year in which the Legislature divides the state into districts in accordance with Utah
5842     Constitution, Article IX, Section 1.
5843          (4) Notwithstanding Subsection (2)(a) and except as provided by Subsection (5), the
5844     county legislative body may not:
5845          (a) establish or abolish any voting precinct after January 1 of a regular general election
5846     year;
5847          (b) alter or change the boundaries of any voting precinct after January 1 of a regular
5848     general election year; or
5849          (c) establish, divide, abolish, alter, or change a voting precinct between January 1 of a
5850     year immediately preceding the year in which an enumeration is required by the United States
5851     Constitution and the day on which the Legislature divides the state into districts in accordance
5852     with Utah Constitution, Article IX, Section 1.

5853          (5) A county legislative body may establish, divide, abolish, alter, or change a voting
5854     precinct on or before January 31 of a regular general election year that immediately follows the
5855     calendar year in which the Legislature divides the state into districts in accordance with Utah
5856     Constitution, Article IX, Section 1.
5857          (6) (a) For the purpose of voting in an election, the county legislative body may
5858     establish a common polling place for two or more whole voting precincts.
5859          (b) At least 90 days before the election, the county legislative body shall designate:
5860          (i) the voting precincts that will vote at the common polling place; and
5861          (ii) the location of the common polling place.
5862          (c) A county may use one set of election judges for the common polling place under
5863     this Subsection (6).
5864          (7) Each county shall have at least two polling places open for voting on the date of the
5865     election.
5866          (8) Each common polling place shall have at least one voting device that is accessible
5867     for individuals with disabilities in accordance with Public Law 107-252, the Help America
5868     Vote Act of 2002.
5869          Section 101. Section 20A-5-403.5 is amended to read:
5870          20A-5-403.5. Ballot drop boxes.
5871          (1) An election officer:
5872          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
5873          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
5874     election officer's jurisdiction.
5875          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
5876     shall, at least 19 days before the date of the election, publish notice of the location of each
5877     ballot drop box designated under Subsection (1):
5878          (a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
5879     election;
5880          (ii) if there is no newspaper of general circulation in the jurisdiction holding the
5881     election, by posting one notice, and at least one additional notice per 2,000 population of the
5882     jurisdiction holding the election, in places within the jurisdiction that are most likely to give
5883     notice to the residents in the jurisdiction; or

5884          (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
5885          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
5886     19 days before the day of the election;
5887          (c) in accordance with Section 45-1-101, for 19 days before the date of the election;
5888     and
5889          (d) on the jurisdiction's website for 19 days before the day of the election.
5890          (3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
5891     election officer may publish a statement that specifies the following sources where a voter may
5892     view or obtain a copy of all ballot drop box locations:
5893          (a) the jurisdiction's website;
5894          (b) the physical address of the jurisdiction's offices; and
5895          (c) a mailing address and telephone number.
5896          (4) The election officer shall include in the notice described in Subsection (2):
5897          (a) the address of the Statewide Electronic Voter Information Website and, if available,
5898     the address of the election officer's website, with a statement indicating that the election officer
5899     will post on the website the location of each ballot drop box, including any changes to the
5900     location of a ballot drop box and the location of additional ballot drop boxes; and
5901          (b) a phone number that a voter may call to obtain information regarding the location
5902     of a ballot drop box.
5903          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
5904     deadline described in Subsection (2):
5905          (i) if necessary, change the location of a ballot drop box; or
5906          (ii) if the election officer determines that the number of ballot drop boxes is
5907     insufficient due to the number of registered voters who are voting, designate additional ballot
5908     drop boxes.
5909          (b) Except as provided in Section 20A-1-308, if an election officer changes the
5910     location of a ballot box or designates an additional ballot drop box location, the election officer
5911     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
5912     the additional ballot drop box location:
5913          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
5914          (ii) by posting the information on the website of the election officer, if available; and

5915          (iii) by posting notice:
5916          (A) for a change in the location of a ballot drop box, at the new location and, if
5917     possible, the old location; and
5918          (B) for an additional ballot drop box location, at the additional ballot drop box
5919     location.
5920          (6) An election officer may, at any time, authorize two or more poll workers to remove
5921     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
5922          Section 102. Section 20A-5-405 is amended to read:
5923          20A-5-405. Election officer to provide ballots.
5924          (1) An election officer shall:
5925          (a) provide ballots for every election of public officers in which the voters, or any of
5926     the voters, within the election officer's jurisdiction participate;
5927          (b) cause the name of every candidate whose nomination has been certified to or filed
5928     with the election officer in the manner provided by law to be included on each ballot;
5929          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
5930     be included on each ballot;
5931          (d) ensure that the ballots are prepared and in the possession of the election officer
5932     before commencement of voting;
5933          (e) allow candidates and their agents and the sponsors of ballot propositions that have
5934     qualified for the official ballot to inspect the ballots;
5935          (f) cause sample ballots to be printed that are in the same form as official ballots and
5936     that contain the same information as official ballots but that are printed on different colored
5937     paper than official ballots or are identified by a watermark;
5938          (g) ensure that the sample ballots are printed and in the possession of the election
5939     officer at least seven days before commencement of voting;
5940          (h) make the sample ballots available for public inspection by:
5941          (i) posting a copy of the sample ballot in the election officer's office at least seven days
5942     before commencement of voting;
5943          (ii) mailing a copy of the sample ballot to:
5944          (A) each candidate listed on the ballot; and
5945          (B) the lieutenant governor;

5946          (iii) publishing a copy of the sample ballot:
5947          (A) except as provided in Subsection (2), at least seven days before the day of the
5948     election in a newspaper of general circulation in the jurisdiction holding the election;
5949          (B) if there is no newspaper of general circulation in the jurisdiction holding the
5950     election, at least seven days before the day of the election, by posting one copy of the sample
5951     ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5952     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5953     the jurisdiction; or
5954          (C) at least 10 days before the day of the election, by mailing a copy of the sample
5955     ballot to each registered voter who resides in the jurisdiction holding the election;
5956          (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5957     in Section [63F-1-701] 63A-16-601, for seven days before the day of the election;
5958          (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5959     least seven days before the day of the election; and
5960          (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
5961     seven days before the day of the election;
5962          (i) deliver at least five copies of the sample ballot to poll workers for each polling
5963     place and direct them to post the sample ballots as required by Section 20A-5-102; and
5964          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
5965     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
5966     each voting precinct.
5967          (2) Instead of publishing the entire sample ballot under Subsection (1)(h)(iii)(A), the
5968     election officer may publish a statement that:
5969          (a) is entitled, "sample ballot";
5970          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
5971     upcoming [indicate type and date of election] may be obtained from the following sources:";
5972     and
5973          (c) specifies the following sources where an individual may view or obtain a copy of
5974     the sample ballot:
5975          (i) if the jurisdiction has a website, the jurisdiction's website;
5976          (ii) the physical address of the jurisdiction's offices; and

5977          (iii) a mailing address and telephone number.
5978          (3) (a) Each election officer shall, without delay, correct any error discovered in any
5979     ballot, if the correction can be made without interfering with the timely distribution of the
5980     ballots.
5981          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
5982     not possible to correct the error or omission, the election officer shall direct the poll workers to
5983     make the necessary corrections on the manual ballots before the ballots are distributed.
5984          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
5985     not possible to correct the error or omission by revising the electronic ballot, the election
5986     officer shall direct the poll workers to post notice of each error or omission with instructions on
5987     how to correct each error or omission in a prominent position at each polling booth.
5988          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
5989     candidate or a candidate's agent may file a verified petition with the district court asserting that:
5990          (A) an error or omission has occurred in:
5991          (I) the publication of the name or description of a candidate;
5992          (II) the preparation or display of an electronic ballot; or
5993          (III) in the printing of sample or official manual ballots; and
5994          (B) the election officer has failed to correct or provide for the correction of the error or
5995     omission.
5996          (ii) The district court shall issue an order requiring correction of any error in a ballot or
5997     an order to show cause why the error should not be corrected if it appears to the court that the
5998     error or omission has occurred and the election officer has failed to correct or provide for the
5999     correction of the error or [ommission] omission.
6000          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
6001     Supreme Court within five days after the day on which the district court enters the decision.
6002          Section 103. Section 20A-7-204.1 is amended to read:
6003          20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
6004     Changes to an initiative and initial fiscal impact estimate.
6005          (1) (a) After issuance of the initial fiscal impact estimate by the Office of the
6006     Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
6007     sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as

6008     follows:
6009          (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
6010          (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
6011     County;
6012          (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
6013          (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
6014     County;
6015          (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
6016          (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
6017          (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
6018     County.
6019          (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
6020     the public hearings in a first or second class county, but not in the same county.
6021          (c) The sponsors may not hold a public hearing described in this section until the later
6022     of:
6023          (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
6024     estimate under Subsection 20A-7-202.5(3)(b); or
6025          (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
6026     impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
6027          (2) The sponsors shall:
6028          (a) before 5 p.m. at least three calendar days before the date of the public hearing,
6029     provide written notice of the public hearing to:
6030          (i) the lieutenant governor for posting on the state's website; and
6031          (ii) each state senator, state representative, and county commission or county council
6032     member who is elected in whole or in part from the region where the public hearing will be
6033     held; and
6034          (b) publish written notice of the public hearing, including the time, date, and location
6035     of the public hearing, in each county in the region where the public hearing will be held:
6036          (i) (A) at least three calendar days before the day of the public hearing, in a newspaper
6037     of general circulation in the county;
6038          (B) if there is no newspaper of general circulation in the county, at least three calendar

6039     days before the day of the public hearing, by posting one copy of the notice, and at least one
6040     additional copy of the notice per 2,000 population of the county, in places within the county
6041     that are most likely to give notice to the residents of the county; or
6042          (C) at least seven days before the day of the public hearing, by mailing notice to each
6043     residence in the county;
6044          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
6045     at least three calendar days before the day of the public hearing;
6046          (iii) in accordance with Section 45-1-101, for at least three calendar days before the
6047     day of the public hearing; and
6048          (iv) on the county's website for at least three calendar days before the day of the public
6049     hearing.
6050          (3) If the initiative petition proposes a tax increase, the written notice described in
6051     Subsection (2) shall include the following statement, in bold, in the same font and point size as
6052     the largest font and point size appearing in the notice:
6053          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
6054     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
6055     percent increase in the current tax rate."
6056          (4) (a) During the public hearing, the sponsors shall either:
6057          (i) video tape or audio tape the public hearing and, when the hearing is complete,
6058     deposit the complete audio or video tape of the meeting with the lieutenant governor; or
6059          (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
6060     each speaker and summarizing each speaker's comments.
6061          (b) The lieutenant governor shall make copies of the tapes or minutes available to the
6062     public.
6063          (c) For each public hearing, the sponsors shall:
6064          (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
6065     impact statement in a conspicuous location at the entrance to the room where the sponsors hold
6066     the public hearing; and
6067          (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
6068     public hearing attendees, in a conspicuous location at the entrance to the room where the
6069     sponsors hold the public hearing.

6070          (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
6071     seventh public hearing described in Subsection (1)(a), and before circulating an initiative
6072     petition for signatures, the sponsors of the initiative petition may change the text of the
6073     proposed law if:
6074          (i) a change to the text is:
6075          (A) germane to the text of the proposed law filed with the lieutenant governor under
6076     Section 20A-7-202; and
6077          (B) consistent with the requirements of Subsection 20A-7-202(5); and
6078          (ii) each sponsor signs, attested to by a notary public, an application addendum to
6079     change the text of the proposed law.
6080          (b) (i) Within three working days after the day on which the lieutenant governor
6081     receives an application addendum to change the text of the proposed law in an initiative
6082     petition, the lieutenant governor shall submit a copy of the application addendum to the Office
6083     of the Legislative Fiscal Analyst.
6084          (ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
6085     estimate by following the procedures and requirements of Section 20A-7-202.5 to reflect a
6086     change to the text of the proposed law.
6087          Section 104. Section 20A-7-401.5 is amended to read:
6088          20A-7-401.5. Proposition information pamphlet.
6089          (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
6090     circulate an initiative petition under Section 20A-7-502 or an application to circulate a
6091     referendum petition under Section 20A-7-602:
6092          (A) the sponsors of the proposed initiative or referendum may submit a written
6093     argument in favor of the proposed initiative or referendum to the election officer of the county
6094     or municipality to which the petition relates; and
6095          (B) the county or municipality to which the application relates may submit a written
6096     argument in favor of, or against, the proposed initiative or referendum to the county's or
6097     municipality's election officer.
6098          (ii) If a county or municipality submits more than one written argument under
6099     Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
6100     preference to a written argument submitted by a member of a local legislative body if a

6101     majority of the local legislative body supports the written argument.
6102          (b) Within one business day after the day on which an election officer receives an
6103     argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
6104     argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
6105     applicable.
6106          (c) Within one business day after the date on which an election officer receives an
6107     argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
6108     argument to the first three sponsors of the proposed initiative or referendum described in
6109     Subsection (1)(a)(i)(A).
6110          (d) The sponsors of the proposed initiative or referendum may submit a revised version
6111     of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
6112     county or municipality to which the petition relates within 20 days after the day on which the
6113     eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
6114     an application to circulate a referendum petition under Section 20A-7-602.
6115          (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
6116     a county or municipality may submit a revised version of the written argument to the county's
6117     or municipality's election officer within 20 days after the day on which the eligible voter files
6118     an application to circulate an initiative petition under Section 20A-7-502 or an application to
6119     circulate a referendum petition under Section 20A-7-602.
6120          (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
6121          (b) Except as provided in Subsection (2)(c), a person may not modify a written
6122     argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
6123     election officer.
6124          (c) The election officer and the person that submits the written argument described in
6125     Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
6126          (i) correct factual, grammatical, or spelling errors; or
6127          (ii) reduce the number of words to come into compliance with Subsection (2)(a).
6128          (d) An election officer shall refuse to include a written argument in the proposition
6129     information pamphlet described in this section if the person who submits the argument:
6130          (i) fails to negotiate, in good faith, to modify the argument in accordance with
6131     Subsection (2)(c); or

6132          (ii) does not timely submit the written argument to the election officer.
6133          (e) An election officer shall make a good faith effort to negotiate a modification
6134     described in Subsection (2)(c) in an expedited manner.
6135          (3) An election officer who receives a written argument described in Subsection (1)
6136     shall prepare a proposition information pamphlet for publication that includes:
6137          (a) a copy of the application for the proposed initiative or referendum;
6138          (b) except as provided in Subsection (2)(d), immediately after the copy described in
6139     Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
6140     referendum, if any;
6141          (c) except as provided in Subsection (2)(d), immediately after the argument described
6142     in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
6143          (d) a copy of the initial fiscal impact statement and legal impact statement described in
6144     Section 20A-7-502.5 or 20A-7-602.5.
6145          (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
6146     Chapter 2, Government Records Access and Management Act, until the earlier of when the
6147     election officer:
6148          (i) complies with Subsection (4)(b); or
6149          (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
6150          (b) Within 21 days after the day on which the eligible voter files an application to
6151     circulate an initiative petition under Section 20A-7-502, or an application to circulate a
6152     referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
6153     proposition information pamphlet to the sponsors of the initiative or referendum and each
6154     individual who submitted an argument included in the proposition information pamphlet.
6155          (5) An election officer for a municipality shall publish the proposition information
6156     pamphlet as follows:
6157          (a) within the later of 10 days after the day on which the municipality or a court
6158     determines that the proposed initiative or referendum is legally referable to voters, or, if the
6159     election officer modifies an argument under Subsection (2)(c), three days after the day on
6160     which the election officer and the person that submitted the argument agree on the
6161     modification:
6162          (i) by sending the proposition information pamphlet electronically to each individual in

6163     the municipality for whom the municipality has an email address, unless the individual has
6164     indicated that the municipality is prohibited from using the individual's email address for that
6165     purpose; and
6166          (ii) by posting the proposition information pamphlet on the Utah Public Notice
6167     Website, created in Section [63F-1-701] 63A-16-601, and the home page of the municipality's
6168     website, if the municipality has a website, until:
6169          (A) if the sponsors of the proposed initiative or referendum do not timely deliver any
6170     verified initiative packets under Section 20A-7-506 or any verified referendum packets under
6171     Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
6172     packets or verified referendum packets;
6173          (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
6174     number of signatures necessary to qualify the proposed initiative or referendum for placement
6175     on the ballot is insufficient and the determination is not timely appealed or is upheld after
6176     appeal; or
6177          (C) the day after the date of the election at which the proposed initiative or referendum
6178     appears on the ballot; and
6179          (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
6180     municipality's residents, including an Internet address, where a resident may view the
6181     proposition information pamphlet, in the next mailing, for which the municipality has not
6182     begun preparation, that falls on or after the later of:
6183          (i) 10 days after the day on which the municipality or a court determines that the
6184     proposed initiative or referendum is legally referable to voters; or
6185          (ii) if the election officer modifies an argument under Subsection (2)(c), three days
6186     after the day on which the election officer and the person that submitted the argument agree on
6187     the modification.
6188          (6) An election officer for a county shall, within the later of 10 days after the day on
6189     which the county or a court determines that the proposed initiative or referendum is legally
6190     referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
6191     three days after the day on which the election officer and the person that submitted the
6192     argument agree on the modification, publish the proposition information pamphlet as follows:
6193          (a) by sending the proposition information pamphlet electronically to each individual

6194     in the county for whom the county has an email address obtained via voter registration; and
6195          (b) by posting the proposition information pamphlet on the Utah Public Notice
6196     Website, created in Section [63F-1-701] 63A-16-601, and the home page of the county's
6197     website, until:
6198          (i) if the sponsors of the proposed initiative or referendum do not timely deliver any
6199     verified initiative packets under Section 20A-7-506 or any verified referendum packets under
6200     Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
6201     packets or verified referendum packets;
6202          (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
6203     of signatures necessary to qualify the proposed initiative or referendum for placement on the
6204     ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
6205          (iii) the day after the date of the election at which the proposed initiative or referendum
6206     appears on the ballot.
6207          Section 105. Section 20A-7-402 is amended to read:
6208          20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
6209     Preparation -- Statement on front cover.
6210          (1) The county or municipality that is subject to a ballot proposition shall prepare a
6211     local voter information pamphlet that complies with the requirements of this part.
6212          (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
6213     that is subject to a special local ballot proposition shall provide a notice that complies with the
6214     requirements of Subsection (2)(c)(ii) to the municipality's residents by:
6215          (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
6216     municipality's residents, including the notice with a newsletter, utility bill, or other material;
6217          (ii) posting the notice, until after the deadline described in Subsection (2)(d) has
6218     passed, on:
6219          (A) the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601; and
6220          (B) the home page of the municipality's website, if the municipality has a website; and
6221          (iii) sending the notice electronically to each individual in the municipality for whom
6222     the municipality has an email address.
6223          (b) A county that is subject to a special local ballot proposition shall:
6224          (i) send an electronic notice that complies with the requirements of Subsection

6225     (2)(c)(ii) to each individual in the county for whom the county has an email address; or
6226          (ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
6227     complies with the requirements of Subsection (2)(c)(ii) on:
6228          (A) the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601; and
6229          (B) the home page of the county's website.
6230          (c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
6231     or (b) shall:
6232          (i) mail, send, or post the notice:
6233          (A) not less than 90 days before the date of the election at which a special local ballot
6234     proposition will be voted upon; or
6235          (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
6236     after the special local ballot proposition is approved to be voted upon in an election; and
6237          (ii) ensure that the notice contains:
6238          (A) the ballot title for the special local ballot proposition;
6239          (B) instructions on how to file a request under Subsection (2)(d); and
6240          (C) the deadline described in Subsection (2)(d).
6241          (d) To prepare a written argument for or against a special local ballot proposition, an
6242     eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days
6243     before the day of the election at which the special local ballot proposition is to be voted on.
6244          (e) If more than one eligible voter requests the opportunity to prepare a written
6245     argument for or against a special local ballot proposition, the election officer shall make the
6246     final designation in accordance with the following order of priority:
6247          (i) sponsors have priority in preparing an argument regarding a special local ballot
6248     proposition; and
6249          (ii) members of the local legislative body have priority over others if a majority of the
6250     local legislative body supports the written argument.
6251          (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
6252     later than 60 days before the day of the election at which the ballot proposition is to be voted
6253     on.
6254          (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
6255     favor of the special local ballot proposition.

6256          (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
6257     proposition who submits a request under Subsection (2)(d) may prepare a written argument
6258     against the special local ballot proposition.
6259          (h) An eligible voter who submits a written argument under this section in relation to a
6260     special local ballot proposition shall:
6261          (i) ensure that the written argument does not exceed 500 words in length, not counting
6262     the information described in Subsection (2)(h)(ii) or (iv);
6263          (ii) list, at the end of the argument, at least one, but no more than five, names as
6264     sponsors;
6265          (iii) submit the written argument to the election officer before 5 p.m. no later than 55
6266     days before the election day on which the ballot proposition will be submitted to the voters;
6267          (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
6268     residential address; and
6269          (v) submit with the written argument the eligible voter's name, residential address,
6270     postal address, email address if available, and phone number.
6271          (i) An election officer shall refuse to accept and publish an argument submitted after
6272     the deadline described in Subsection (2)(h)(iii).
6273          (3) (a) An election officer who timely receives the written arguments in favor of and
6274     against a special local ballot proposition shall, within one business day after the day on which
6275     the election office receives both written arguments, send, via mail or email:
6276          (i) a copy of the written argument in favor of the special local ballot proposition to the
6277     eligible voter who submitted the written argument against the special local ballot proposition;
6278     and
6279          (ii) a copy of the written argument against the special local ballot proposition to the
6280     eligible voter who submitted the written argument in favor of the special local ballot
6281     proposition.
6282          (b) The eligible voter who submitted a timely written argument in favor of the special
6283     local ballot proposition:
6284          (i) may submit to the election officer a written rebuttal argument of the written
6285     argument against the special local ballot proposition;
6286          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,

6287     not counting the information described in Subsection (2)(h)(ii) or (iv); and
6288          (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
6289     before the election day on which the special local ballot proposition will be submitted to the
6290     voters.
6291          (c) The eligible voter who submitted a timely written argument against the special local
6292     ballot proposition:
6293          (i) may submit to the election officer a written rebuttal argument of the written
6294     argument in favor of the special local ballot proposition;
6295          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
6296     not counting the information described in Subsection (2)(h)(ii) or (iv); and
6297          (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
6298     before the election day on which the special local ballot proposition will be submitted to the
6299     voters.
6300          (d) An election officer shall refuse to accept and publish a written rebuttal argument in
6301     relation to a special local ballot proposition that is submitted after the deadline described in
6302     Subsection (3)(b)(iii) or (3)(c)(iii).
6303          (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
6304     proposition:
6305          (i) an eligible voter may not modify a written argument or a written rebuttal argument
6306     after the eligible voter submits the written argument or written rebuttal argument to the election
6307     officer; and
6308          (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
6309     modify a written argument or a written rebuttal argument.
6310          (b) The election officer, and the eligible voter who submits a written argument or
6311     written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
6312     modify a written argument or written rebuttal argument in order to:
6313          (i) correct factual, grammatical, or spelling errors; and
6314          (ii) reduce the number of words to come into compliance with the requirements of this
6315     section.
6316          (c) An election officer shall refuse to accept and publish a written argument or written
6317     rebuttal argument in relation to a special local ballot proposition if the eligible voter who

6318     submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
6319     modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
6320          (5) In relation to a special local ballot proposition, an election officer may designate
6321     another eligible voter to take the place of an eligible voter described in this section if the
6322     original eligible voter is, due to injury, illness, death, or another circumstance, unable to
6323     continue to fulfill the duties of an eligible voter described in this section.
6324          (6) Sponsors whose written argument in favor of a standard local ballot proposition is
6325     included in a proposition information pamphlet under Section 20A-7-401.5:
6326          (a) may, if a written argument against the standard local ballot proposition is included
6327     in the proposition information pamphlet, submit a written rebuttal argument to the election
6328     officer;
6329          (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
6330     and
6331          (c) shall submit the written rebuttal argument no later than 45 days before the election
6332     day on which the standard local ballot proposition will be submitted to the voters.
6333          (7) (a) A county or municipality that submitted a written argument against a standard
6334     local ballot proposition that is included in a proposition information pamphlet under Section
6335     20A-7-401.5:
6336          (i) may, if a written argument in favor of the standard local ballot proposition is
6337     included in the proposition information pamphlet, submit a written rebuttal argument to the
6338     election officer;
6339          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
6340     and
6341          (iii) shall submit the written rebuttal argument no later than 45 days before the election
6342     day on which the ballot proposition will be submitted to the voters.
6343          (b) If a county or municipality submits more than one written rebuttal argument under
6344     Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
6345     giving preference to a written rebuttal argument submitted by a member of a local legislative
6346     body.
6347          (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
6348     that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).

6349          (b) Before an election officer publishes a local voter information pamphlet under this
6350     section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
6351     Records Access and Management Act.
6352          (c) An election officer who receives a written rebuttal argument described in this
6353     section may not, before publishing the local voter information pamphlet described in this
6354     section, disclose the written rebuttal argument, or any information contained in the written
6355     rebuttal argument, to any person who may in any way be involved in preparing an opposing
6356     rebuttal argument.
6357          (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
6358     rebuttal argument after the written rebuttal argument is submitted to the election officer.
6359          (b) The election officer, and the person who submits a written rebuttal argument, may
6360     jointly agree to modify a written rebuttal argument in order to:
6361          (i) correct factual, grammatical, or spelling errors; or
6362          (ii) reduce the number of words to come into compliance with the requirements of this
6363     section.
6364          (c) An election officer shall refuse to accept and publish a written rebuttal argument if
6365     the person who submits the written rebuttal argument:
6366          (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
6367     accordance with Subsection (9)(b); or
6368          (ii) does not timely submit the written rebuttal argument to the election officer.
6369          (d) An election officer shall make a good faith effort to negotiate a modification
6370     described in Subsection (9)(b) in an expedited manner.
6371          (10) An election officer may designate another person to take the place of a person who
6372     submits a written rebuttal argument in relation to a standard local ballot proposition if the
6373     person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
6374     person's duties.
6375          (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
6376     impact estimate and the legal impact statement prepared for each initiative under Section
6377     20A-7-502.5.
6378          (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
6379     include the following statement in bold type:

6380          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
6381     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
6382     increase in the current tax rate."
6383          (12) (a) In preparing the local voter information pamphlet, the election officer shall:
6384          (i) ensure that the written arguments are printed on the same sheet of paper upon which
6385     the ballot proposition is also printed;
6386          (ii) ensure that the following statement is printed on the front cover or the heading of
6387     the first page of the printed written arguments:
6388          "The arguments for or against a ballot proposition are the opinions of the authors.";
6389          (iii) pay for the printing and binding of the local voter information pamphlet; and
6390          (iv) not less than 15 days before, but not more than 45 days before, the election at
6391     which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
6392     voter entitled to vote on the ballot proposition:
6393          (A) a voter information pamphlet; or
6394          (B) the notice described in Subsection (12)(c).
6395          (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
6396     election officer may summarize the ballot proposition in 500 words or less.
6397          (ii) The summary shall state where a complete copy of the ballot proposition is
6398     available for public review.
6399          (c) (i) The election officer may distribute a notice printed on a postage prepaid,
6400     preaddressed return form that a person may use to request delivery of a voter information
6401     pamphlet by mail.
6402          (ii) The notice described in Subsection (12)(c)(i) shall include:
6403          (A) the address of the Statewide Electronic Voter Information Website authorized by
6404     Section 20A-7-801; and
6405          (B) the phone number a voter may call to request delivery of a voter information
6406     pamphlet by mail or carrier.
6407          Section 106. Section 20A-9-203 is amended to read:
6408          20A-9-203. Declarations of candidacy -- Municipal general elections.
6409          (1) An individual may become a candidate for any municipal office if:
6410          (a) the individual is a registered voter; and

6411          (b) (i) the individual has resided within the municipality in which the individual seeks
6412     to hold elective office for the 12 consecutive months immediately before the date of the
6413     election; or
6414          (ii) the territory in which the individual resides was annexed into the municipality, the
6415     individual has resided within the annexed territory or the municipality the 12 consecutive
6416     months immediately before the date of the election.
6417          (2) (a) For purposes of determining whether an individual meets the residency
6418     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
6419     before the election, the municipality is considered to have been incorporated 12 months before
6420     the date of the election.
6421          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
6422     council position shall, if elected from a district, be a resident of the council district from which
6423     the candidate is elected.
6424          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
6425     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
6426     against the elective franchise may not hold office in this state until the right to hold elective
6427     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
6428          (3) (a) An individual seeking to become a candidate for a municipal office shall,
6429     regardless of the nomination method by which the individual is seeking to become a candidate:
6430          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
6431     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
6432     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
6433     described in Section 10-3-301 and not later than the close of those office hours, between June 1
6434     and June 7 of any odd-numbered year; and
6435          (ii) pay the filing fee, if one is required by municipal ordinance.
6436          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
6437     declaration of candidacy with the city recorder or town clerk if:
6438          (i) the individual is located outside of the state during the entire filing period;
6439          (ii) the designated agent appears in person before the city recorder or town clerk;
6440          (iii) the individual communicates with the city recorder or town clerk using an
6441     electronic device that allows the individual and city recorder or town clerk to see and hear each

6442     other; and
6443          (iv) the individual provides the city recorder or town clerk with an email address to
6444     which the city recorder or town clerk may send the individual the copies described in
6445     Subsection (4).
6446          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
6447          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
6448     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
6449     the office hours described in Section 10-3-301 and not later than the close of those office
6450     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
6451     of the nomination petition of the lesser of at least:
6452          (A) 25 registered voters who reside in the municipality; or
6453          (B) 20% of the registered voters who reside in the municipality; and
6454          (ii) paying the filing fee, if one is required by municipal ordinance.
6455          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
6456     petition, the filing officer shall:
6457          (i) read to the prospective candidate or individual filing the petition the constitutional
6458     and statutory qualification requirements for the office that the candidate is seeking;
6459          (ii) require the candidate or individual filing the petition to state whether the candidate
6460     meets the requirements described in Subsection (4)(a)(i); and
6461          (iii) inform the candidate or the individual filing the petition that an individual who
6462     holds a municipal elected office may not, at the same time, hold a county elected office.
6463          (b) If the prospective candidate does not meet the qualification requirements for the
6464     office, the filing officer may not accept the declaration of candidacy or nomination petition.
6465          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
6466     filing officer shall:
6467          (i) inform the candidate that the candidate's name will appear on the ballot as it is
6468     written on the declaration of candidacy;
6469          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
6470     for the office the candidate is seeking and inform the candidate that failure to comply will
6471     result in disqualification as a candidate and removal of the candidate's name from the ballot;
6472          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide

6473     Electronic Voter Information Website Program and inform the candidate of the submission
6474     deadline under Subsection 20A-7-801(4)(a);
6475          (iv) provide the candidate with a copy of the pledge of fair campaign practices
6476     described under Section 20A-9-206 and inform the candidate that:
6477          (A) signing the pledge is voluntary; and
6478          (B) signed pledges shall be filed with the filing officer; and
6479          (v) accept the declaration of candidacy or nomination petition.
6480          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
6481     officer shall:
6482          (i) accept the candidate's pledge; and
6483          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
6484     candidate's pledge to the chair of the county or state political party of which the candidate is a
6485     member.
6486          (5) (a) The declaration of candidacy shall be in substantially the following form:
6487          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
6488     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
6489     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
6490     the legal qualifications required of candidates for this office. If filing via a designated agent, I
6491     attest that I will be out of the state of Utah during the entire candidate filing period. I will file
6492     all campaign financial disclosure reports as required by law and I understand that failure to do
6493     so will result in my disqualification as a candidate for this office and removal of my name from
6494     the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
6495     _______________
6496          Subscribed and sworn to (or affirmed) before me by ____ on this
6497     __________(month\day\year).
6498          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
6499          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
6500     not sign the form described in Subsection (5)(a).
6501          (c) (i) A nomination petition shall be in substantially the following form:
6502          "NOMINATION PETITION
6503          The undersigned residents of (name of municipality), being registered voters, nominate

6504     (name of nominee) for the office of (name of office) for the (length of term of office)."
6505          (ii) The remainder of the petition shall contain lines and columns for the signatures of
6506     individuals signing the petition and each individual's address and phone number.
6507          (6) If the declaration of candidacy or nomination petition fails to state whether the
6508     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
6509     for the four-year term.
6510          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
6511     voters.
6512          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
6513     print the candidate's name on the ballot.
6514          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
6515     clerk shall:
6516          (a) publish a list of the names of the candidates as they will appear on the ballot:
6517          (i) (A) in at least two successive publications of a newspaper of general circulation in
6518     the municipality;
6519          (B) if there is no newspaper of general circulation in the municipality, by posting one
6520     copy of the list, and at least one additional copy of the list per 2,000 population of the
6521     municipality, in places within the municipality that are most likely to give notice to the voters
6522     in the municipality; or
6523          (C) by mailing notice to each registered voter in the municipality;
6524          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for
6525     seven days;
6526          (iii) in accordance with Section 45-1-101, for seven days; and
6527          (iv) if the municipality has a website, on the municipality's website for seven days; and
6528          (b) notify the lieutenant governor of the names of the candidates as they will appear on
6529     the ballot.
6530          (9) Except as provided in Subsection (10)(c), an individual may not amend a
6531     declaration of candidacy or nomination petition filed under this section after the candidate
6532     filing period ends.
6533          (10) (a) A declaration of candidacy or nomination petition that an individual files under
6534     this section is valid unless a person files a written objection with the clerk before 5 p.m. within

6535     five days after the last day for filing.
6536          (b) If a person files an objection, the clerk shall:
6537          (i) mail or personally deliver notice of the objection to the affected candidate
6538     immediately; and
6539          (ii) decide any objection within 48 hours after the objection is filed.
6540          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
6541     days after the day on which the clerk sustains the objection, correct the problem for which the
6542     objection is sustained by amending the candidate's declaration of candidacy or nomination
6543     petition, or by filing a new declaration of candidacy.
6544          (d) (i) The clerk's decision upon objections to form is final.
6545          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
6546     prompt application is made to the district court.
6547          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
6548     of its discretion, agrees to review the lower court decision.
6549          (11) A candidate who qualifies for the ballot under this section may withdraw as a
6550     candidate by filing a written affidavit with the municipal clerk.
6551          Section 107. Section 20A-13-104 is amended to read:
6552          20A-13-104. Uncertain boundaries -- How resolved.
6553          (1) As used in this section, "affected party" means:
6554          (a) a representative whose Congressional district boundary is uncertain because the
6555     boundary in the Congressional shapefile used to establish the district boundary has been
6556     removed, modified, or is unable to be identified or who is uncertain about whether or not the
6557     representative or another person resides in a particular Congressional district;
6558          (b) a candidate for Congressional representative whose Congressional district boundary
6559     is uncertain because the boundary in the Congressional shapefile used to establish the district
6560     boundary has been removed, modified, or is unable to be identified or who is uncertain about
6561     whether or not the candidate or another person resides in a particular Congressional district; or
6562          (c) a person who is uncertain about which Congressional district contains the person's
6563     residence because the boundary in the Congressional shapefile used to establish the district
6564     boundary has been removed, modified, or is unable to be identified.
6565          (2) (a) An affected party may file a written request petitioning the lieutenant governor

6566     to determine:
6567          (i) the precise location of the Congressional district boundary;
6568          (ii) the number of the Congressional district in which a person resides; or
6569          (iii) both Subsections (2)(a)(i) and (ii).
6570          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
6571     governor shall review the Congressional shapefile and obtain and review other relevant data
6572     such as aerial photographs, aerial maps, or other data about the area.
6573          (c) Within five days of receipt of the request, the lieutenant governor shall review the
6574     Congressional shapefile, obtain and review any relevant data, and make a determination.
6575          (d) When the lieutenant governor determines the location of the Congressional district
6576     boundary, the lieutenant governor shall:
6577          (i) prepare a certification identifying the appropriate boundary and attaching a map, if
6578     necessary; and
6579          (ii) send a copy of the certification to:
6580          (A) the affected party;
6581          (B) the county clerk of the affected county; and
6582          (C) the Automated Geographic Reference Center created under Section [63F-1-506]
6583     63A-16-505.
6584          (e) If the lieutenant governor determines the number of the Congressional district in
6585     which a particular person resides, the lieutenant governor shall send a letter identifying that
6586     district by number to:
6587          (i) the person;
6588          (ii) the affected party who filed the petition, if different than the person whose
6589     Congressional district number was identified; and
6590          (iii) the county clerk of the affected county.
6591          Section 108. Section 20A-14-101.5 is amended to read:
6592          20A-14-101.5. State Board of Education -- Number of members -- State Board of
6593     Education district boundaries.
6594          (1) As used in this section:
6595          (a) "County boundary" means the county boundary's location in the database as of
6596     January 1, 2010.

6597          (b) "Database" means the State Geographic Information Database created in Section
6598     [63F-1-507] 63A-16-506.
6599          (c) "Local school district boundary" means the local school district boundary's location
6600     in the database as of January 1, 2010.
6601          (d) "Municipal boundary" means the municipal boundary's location in the database as
6602     of January 1, 2010.
6603          (2) The State Board of Education shall consist of 15 members, with one member to be
6604     elected from each State Board of Education district.
6605          (3) The Legislature adopts the official census population figures and maps of the
6606     Bureau of the Census of the United States Department of Commerce developed in connection
6607     with the taking of the 2010 national decennial census as the official data for establishing State
6608     Board of Education district boundaries.
6609          (4) (a) Notwithstanding Subsection (3), the Legislature enacts the district numbers and
6610     boundaries of the State Board of Education districts designated in the Board shapefile that is
6611     the electronic component of the bill that enacts this section.
6612          (b) That Board shapefile, and the State Board of Education district boundaries
6613     generated from that Board shapefile, may be accessed via the Utah Legislature's website.
6614          Section 109. Section 20A-14-102.2 is amended to read:
6615          20A-14-102.2. Uncertain boundaries -- How resolved.
6616          (1) As used in this section:
6617          (a) "Affected party" means:
6618          (i) a state school board member whose State Board of Education district boundary is
6619     uncertain because the feature used to establish the district boundary in the Board shapefile has
6620     been removed, modified, or is unable to be identified or who is uncertain about whether or not
6621     the member or another person resides in a particular State Board of Education district;
6622          (ii) a candidate for state school board whose State Board of Education district
6623     boundary is uncertain because the feature used to establish the district boundary in the Board
6624     shapefile has been removed, modified, or is unable to be identified or who is uncertain about
6625     whether or not the candidate or another person resides in a particular State Board of Education
6626     district; or
6627          (iii) a person who is uncertain about which State Board of Education district contains

6628     the person's residence because the feature used to establish the district boundary in the Board
6629     shapefile has been removed, modified, or is unable to be identified.
6630          (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
6631     political subdivision boundary that is used to establish a State Board of Education district
6632     boundary.
6633          (2) (a) An affected party may file a written request petitioning the lieutenant governor
6634     to determine:
6635          (i) the precise location of the State Board of Education district boundary;
6636          (ii) the number of the State Board of Education district in which a person resides; or
6637          (iii) both Subsections (2)(a)(i) and (ii).
6638          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
6639     governor shall review:
6640          (i) the Board shapefile; and
6641          (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
6642     area.
6643          (c) Within five days of receipt of the request, the lieutenant governor shall:
6644          (i) review the Board block shapefile;
6645          (ii) review any relevant data; and
6646          (iii) make a determination.
6647          (d) If the lieutenant governor determines the precise location of the State Board of
6648     Education district boundary, the lieutenant governor shall:
6649          (i) prepare a certification identifying the appropriate State Board of Education district
6650     boundary and attaching a map, if necessary; and
6651          (ii) send a copy of the certification to:
6652          (A) the affected party;
6653          (B) the county clerk of the affected county; and
6654          (C) the Automated Geographic Reference Center created under Section [63F-1-506]
6655     63A-16-505.
6656          (e) If the lieutenant governor determines the number of the State Board of Education
6657     district in which a particular person resides, the lieutenant governor shall send a letter
6658     identifying that district by number to:

6659          (i) the person;
6660          (ii) the affected party who filed the petition, if different than the person whose State
6661     Board of Education district number was identified; and
6662          (iii) the county clerk of the affected county.
6663          Section 110. Section 20A-14-201 is amended to read:
6664          20A-14-201. Boards of education -- School board districts -- Creation --
6665     Reapportionment.
6666          (1) (a) The county legislative body, for local school districts whose boundaries
6667     encompass more than a single municipality, and the municipal legislative body, for school
6668     districts contained completely within a municipality, shall divide the local school district into
6669     local school board districts as required under Subsection 20A-14-202(1)(a).
6670          (b) The county and municipal legislative bodies shall divide the school district so that
6671     the local school board districts are substantially equal in population and are as contiguous and
6672     compact as practicable.
6673          (2) (a) County and municipal legislative bodies shall reapportion district boundaries to
6674     meet the population, compactness, and contiguity requirements of this section:
6675          (i) at least once every 10 years;
6676          (ii) if a new district is created:
6677          (A) within 45 days after the canvass of an election at which voters approve the creation
6678     of a new district; and
6679          (B) at least 60 days before the candidate filing deadline for a school board election;
6680          (iii) whenever districts are consolidated;
6681          (iv) whenever a district loses more than 20% of the population of the entire school
6682     district to another district;
6683          (v) whenever a district loses more than 50% of the population of a local school board
6684     district to another district;
6685          (vi) whenever a district receives new residents equal to at least 20% of the population
6686     of the district at the time of the last reapportionment because of a transfer of territory from
6687     another district; and
6688          (vii) whenever it is necessary to increase the membership of a board from five to seven
6689     members as a result of changes in student membership under Section 20A-14-202.

6690          (b) If a school district receives territory containing less than 20% of the population of
6691     the transferee district at the time of the last reapportionment, the local school board may assign
6692     the new territory to one or more existing school board districts.
6693          (3) (a) Reapportionment does not affect the right of any school board member to
6694     complete the term for which the member was elected.
6695          (b) (i) After reapportionment, representation in a local school board district shall be
6696     determined as provided in this Subsection (3).
6697          (ii) If only one board member whose term extends beyond reapportionment lives
6698     within a reapportioned local school board district, that board member shall represent that local
6699     school board district.
6700          (iii) (A) If two or more members whose terms extend beyond reapportionment live
6701     within a reapportioned local school board district, the members involved shall select one
6702     member by lot to represent the local school board district.
6703          (B) The other members shall serve at-large for the remainder of their terms.
6704          (C) The at-large board members shall serve in addition to the designated number of
6705     board members for the board in question for the remainder of their terms.
6706          (iv) If there is no board member living within a local school board district whose term
6707     extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in
6708     this part.
6709          (4) (a) If, before an election affected by reapportionment, the county or municipal
6710     legislative body that conducted the reapportionment determines that one or more members
6711     shall be elected to terms of two years to meet this part's requirements for staggered terms, the
6712     legislative body shall determine by lot which of the reapportioned local school board districts
6713     will elect members to two-year terms and which will elect members to four-year terms.
6714          (b) All subsequent elections are for four-year terms.
6715          (5) Within 10 days after any local school board district boundary change, the county or
6716     municipal legislative body making the change shall send an accurate map or plat of the
6717     boundary change to the Automated Geographic Reference Center created under Section
6718     [63F-1-506] 63A-16-505.
6719          Section 111. Section 20A-20-203 is amended to read:
6720          20A-20-203. Exemptions from and applicability of certain legal requirements --

6721     Risk management -- Code of ethics.
6722          (1) The commission is exempt from:
6723          (a) except as provided in Subsection (3), Title 63A, Utah [Administrative Services]
6724     Government Operations Code;
6725          (b) Title 63G, Chapter 4, Administrative Procedures Act; and
6726          (c) Title [67] 63A, Chapter [19] 17, Utah State Personnel Management Act.
6727          (2) (a) The commission shall adopt budgetary procedures, accounting, and personnel
6728     and human resource policies substantially similar to those from which the commission is
6729     exempt under Subsection (1).
6730          (b) The commission is subject to:
6731          (i) Title 52, Chapter 4, Open and Public Meetings Act;
6732          (ii) Title 63A, Chapter 1, Part 2, Utah Public Finance Website;
6733          (iii) Title 63G, Chapter 2, Government Records Access and Management Act;
6734          (iv) Title 63G, Chapter 6a, Utah Procurement Code; and
6735          (v) Title 63J, Chapter 1, Budgetary Procedures Act.
6736          (3) Subject to the requirements of Subsection 63E-1-304(2), the commission may
6737     participate in coverage under the Risk Management Fund created by Section 63A-4-201.
6738          (4) (a) The commission may, by majority vote, adopt a code of ethics.
6739          (b) The commission, and the commission's members and employees, shall comply with
6740     a code of ethics adopted under Subsection (4)(a).
6741          (c) The executive director of the commission shall report a commission member's
6742     violation of a code of ethics adopted under Subsection (4)(a) to the appointing authority of the
6743     commission member.
6744          (d) (i) A violation of a code of ethics adopted under Subsection (4)(a) constitutes cause
6745     to remove a member from the commission under Subsection 20A-20-201(3)(b).
6746          (ii) An act or omission by a member of the commission need not constitute a violation
6747     of a code of ethics adopted under Subsection (4)(a) to be grounds to remove a member of the
6748     commission for cause.
6749          Section 112. Section 26-6-27 is amended to read:
6750          26-6-27. Information regarding communicable or reportable diseases
6751     confidentiality -- Exceptions.

6752          (1) Information collected pursuant to this chapter in the possession of the department
6753     or local health departments relating to an individual who has or is suspected of having a disease
6754     designated by the department as a communicable or reportable disease under this chapter shall
6755     be held by the department and local health departments as strictly confidential. The department
6756     and local health departments may not release or make public that information upon subpoena,
6757     search warrant, discovery proceedings, or otherwise, except as provided by this section.
6758          (2) The information described in Subsection (1) may be released by the department or
6759     local health departments only in accordance with the requirements of this chapter and as
6760     follows:
6761          (a) specific medical or epidemiological information may be released with the written
6762     consent of the individual identified in that information or, if that individual is deceased, his
6763     next-of-kin;
6764          (b) specific medical or epidemiological information may be released to medical
6765     personnel or peace officers in a medical emergency, as determined by the department in
6766     accordance with guidelines it has established, only to the extent necessary to protect the health
6767     or life of the individual identified in the information, or of the attending medical personnel or
6768     law enforcement or public safety officers;
6769          (c) specific medical or epidemiological information may be released to authorized
6770     personnel within the department, local health departments, public health authorities, official
6771     health agencies in other states, the United States Public Health Service, the Centers for Disease
6772     Control and Prevention (CDC), or when necessary to continue patient services or to undertake
6773     public health efforts to interrupt the transmission of disease;
6774          (d) if the individual identified in the information is under the age of 18, the information
6775     may be released to the Division of Child and Family Services within the Department of Human
6776     Services in accordance with Section 62A-4a-403. If that information is required in a court
6777     proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against
6778     the Person, the information shall be disclosed in camera and sealed by the court upon
6779     conclusion of the proceedings;
6780          (e) specific medical or epidemiological information may be released to authorized
6781     personnel in the department or in local health departments, and to the courts, to carry out the
6782     provisions of this title, and rules adopted by the department in accordance with this title;

6783          (f) specific medical or epidemiological information may be released to blood banks,
6784     organ and tissue banks, and similar institutions for the purpose of identifying individuals with
6785     communicable diseases. The department may, by rule, designate the diseases about which
6786     information may be disclosed under this subsection, and may choose to release the name of an
6787     infected individual to those organizations without disclosing the specific disease;
6788          (g) specific medical or epidemiological information may be released in such a way that
6789     no individual is identifiable;
6790          (h) specific medical or epidemiological information may be released to a "health care
6791     provider" as defined in Section 78B-3-403, health care personnel, and public health personnel
6792     who have a legitimate need to have access to the information in order to assist the patient, or to
6793     protect the health of others closely associated with the patient;
6794          (i) specific medical or epidemiological information regarding a health care provider, as
6795     defined in Section 78B-3-403, may be released to the department, the appropriate local health
6796     department, and the Division of Occupational and Professional Licensing within the
6797     Department of Commerce, if the identified health care provider is endangering the safety or life
6798     of any individual by his continued practice of health care;
6799          (j) specific medical or epidemiological information may be released in accordance with
6800     Section 26-6-31 if an individual is not identifiable; and
6801          (k) specific medical or epidemiological information may be released to a state agency
6802     as defined in Section [67-25-102] 63A-17-901, to perform the analysis described in Subsection
6803     26-6-32(4) if the state agency agrees to act in accordance with the requirements in this chapter.
6804          (3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
6805     intended only to aid health care providers in their treatment and containment of infectious
6806     disease.
6807          Section 113. Section 26-6-32 is amended to read:
6808          26-6-32. Testing for COVID-19 for high-risk individuals at care facilities --
6809     Collection and release of information regarding risk factors and comorbidities for
6810     COVID-19.
6811          (1) As used in this section:
6812          (a) "Care facility" means a facility described in Subsections 26-6-6(2) through (6).
6813          (b) "COVID-19" means the same as that term is defined in Section 78B-4-517.

6814          (2) (a) At the request of the department or a local health department, an individual who
6815     meets the criteria established by the department under Subsection (2)(b) shall submit to testing
6816     for COVID-19.
6817          (b) The department:
6818          (i) shall establish protocols to identify and test individuals who are present at a care
6819     facility and are at high risk for contracting COVID-19;
6820          (ii) may establish criteria to identify care facilities where individuals are at high risk for
6821     COVID-19; and
6822          (iii) may establish who is responsible for the costs of the testing.
6823          (c) (i) The protocols described in Subsection (2)(b)(i) shall:
6824          (A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care
6825     facility to refuse testing; and
6826          (B) specify criteria for when an individual's refusal to submit to testing under
6827     Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility.
6828          (ii) Notwithstanding any other provision of state law, a care facility may discharge a
6829     resident who declines testing requested by the department under Subsection (2)(a) if:
6830          (A) under the criteria specified by the department under Subsection (2)(c)(i)(B), the
6831     resident's refusal to submit to testing endangers the health or safety of other individuals at the
6832     care facility; and
6833          (B) discharging the resident does not violate federal law.
6834          (3) The department may establish protocols to collect information regarding the
6835     individual's age and relevant comorbidities from an individual who receives a positive test
6836     result for COVID-19.
6837          (4) (a) The department shall publish deidentified information regarding comorbidities
6838     and other risk factors for COVID-19 in a manner that is accessible to the public.
6839          (b) The department may work with a state agency as defined in Section [67-25-102]
6840     63A-17-901, to perform the analysis or publish the information described in Subsection (4)(a).
6841          Section 114. Section 26-61a-303 is amended to read:
6842          26-61a-303. Renewal.
6843          (1) The department shall renew a license under this part every year if, at the time of
6844     renewal:

6845          (a) the licensee meets the requirements of Section 26-61a-301;
6846          (b) the licensee pays the department a license renewal fee in an amount that, subject to
6847     Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
6848          (c) if the medical cannabis pharmacy changes the operating plan described in Section
6849     26-61a-304 that the department approved under Subsection 26-61a-301(2)(b)(iv), the
6850     department approves the new operating plan.
6851          (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
6852     pharmacy's license, the department shall publish notice of an available license:
6853          (i) in a newspaper of general circulation for the geographic area in which the medical
6854     cannabis pharmacy license is available; or
6855          (ii) on the Utah Public Notice Website established in Section [63F-1-701] 63A-16-601.
6856          (b) The department may establish criteria, in collaboration with the Division of
6857     Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
6858     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
6859     pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.
6860          Section 115. Section 31A-2-103 is amended to read:
6861          31A-2-103. Commissioner's appointees.
6862          (1) The commissioner may appoint up to three persons to assist the commissioner. The
6863     commissioner may designate a person appointed under this section as a "deputy,"
6864     "administrative assistant," "secretary," or any other title chosen by the commissioner.
6865          (2) Persons appointed under this section are exempt from career service status under
6866     Section [67-19-15] 63A-17-301 and serve at the pleasure of the commissioner.
6867          Section 116. Section 32B-1-303 is amended to read:
6868          32B-1-303. Qualifications related to employment with the department.
6869          (1) The department may not employ a person if that person has been convicted of:
6870          (a) within seven years before the day on which the department employs the person, a
6871     felony under a federal law or state law;
6872          (b) within four years before the day on which the department employs the person:
6873          (i) a violation of a federal law, state law, or local ordinance concerning the sale, offer
6874     for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
6875     product; or

6876          (ii) a crime involving moral turpitude; or
6877          (c) on two or more occasions within the five years before the day on which the
6878     department employs the person, driving under the influence of alcohol, drugs, or the combined
6879     influence of alcohol and drugs.
6880          (2) The director may terminate a department employee or take other disciplinary action
6881     consistent with Title [67] 63A, Chapter [19] 17, Utah State Personnel Management Act, if:
6882          (a) after the day on which the department employs the department employee, the
6883     department employee is found to have been convicted of an offense described in Subsection (1)
6884     before being employed by the department; or
6885          (b) on or after the day on which the department employs the department employee, the
6886     department employee:
6887          (i) is convicted of an offense described in Subsection (1)(a) or (b); or
6888          (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
6889     influence of alcohol and drugs; and
6890          (B) was convicted of driving under the influence of alcohol, drugs, or the combined
6891     influence of alcohol and drugs within five years before the day on which the person is
6892     convicted of the offense described in Subsection (2)(b)(ii)(A).
6893          (3) The director may immediately suspend a department employee for the period
6894     during which a criminal matter is being adjudicated if the department employee:
6895          (a) is arrested on a charge for an offense described in Subsection (1)(a) or (b); or
6896          (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
6897     drugs, or the combined influence of alcohol and drugs; and
6898          (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
6899     influence of alcohol and drugs within five years before the day on which the person is arrested
6900     on a charge described in Subsection (3)(b)(i).
6901          Section 117. Section 32B-2-206 is amended to read:
6902          32B-2-206. Powers and duties of the director.
6903          Subject to the powers and responsibilities of the commission under this title, the
6904     director:
6905          (1) (a) shall prepare and propose to the commission general policies, rules, and
6906     procedures governing the administrative activities of the department; and

6907          (b) may submit other recommendations to the commission as the director considers in
6908     the interest of the commission's or the department's business;
6909          (2) within the general policies, rules, and procedures of the commission, shall:
6910          (a) provide day-to-day direction, coordination, and delegation of responsibilities in the
6911     administrative activities of the department's business; and
6912          (b) make internal department policies and procedures relating to:
6913          (i) department personnel matters; and
6914          (ii) the day-to-day operation of the department;
6915          (3) subject to Section 32B-2-207, shall appoint or employ personnel as considered
6916     necessary in the administration of this title, and with regard to the personnel shall:
6917          (a) prescribe the conditions of employment;
6918          (b) define the respective duties and powers; and
6919          (c) fix the remuneration in accordance with Title [67] 63A, Chapter [19] 17, Utah State
6920     Personnel Management Act;
6921          (4) shall establish and secure adherence to a system of reports, controls, and
6922     performance in matters relating to personnel, security, department property management, and
6923     operation of:
6924          (a) a department office;
6925          (b) a warehouse;
6926          (c) a state store; and
6927          (d) a package agency;
6928          (5) within the policies, rules, and procedures approved by the commission and
6929     provisions of law, shall purchase, store, keep for sale, sell, import, and control the storage, sale,
6930     furnishing, transportation, or delivery of an alcoholic product;
6931          (6) shall prepare for commission approval:
6932          (a) recommendations regarding the location, establishment, relocation, and closure of a
6933     state store or package agency;
6934          (b) recommendations regarding the issuance, denial, nonrenewal, suspension, or
6935     revocation of a license, permit, or certificate of approval;
6936          (c) an annual budget, proposed legislation, and reports as required by law and sound
6937     business principles;

6938          (d) plans for reorganizing divisions of the department and the functions of the
6939     divisions;
6940          (e) manuals containing commission and department policies, rules, and procedures;
6941          (f) an inventory control system;
6942          (g) any other report or recommendation requested by the commission;
6943          (h) rules described in Subsection 32B-2-202(1)(o) governing the credit terms of the
6944     sale of beer;
6945          (i) rules governing the calibration, maintenance, and regulation of a calibrated metered
6946     dispensing system;
6947          (j) rules governing the display of a list of types and brand names of liquor furnished
6948     through a calibrated metered dispensing system;
6949          (k) price lists issued and distributed showing the price to be paid for each class, variety,
6950     or brand of liquor kept for sale at a state store, package agency, or retail licensee;
6951          (l) policies or rules prescribing the books of account maintained by the department and
6952     by a state store, package agency, or retail licensee; and
6953          (m) a policy prescribing the manner of giving and serving a notice required by this title
6954     or rules made under this title;
6955          (7) shall make available through the department to any person, upon request, a copy of
6956     a policy made by the director;
6957          (8) shall make and maintain a current copy of a manual that contains the rules and
6958     policies of the commission and department available for public inspection;
6959          (9) (a) after consultation with the governor, shall determine whether an alcoholic
6960     product should not be sold, offered for sale, or otherwise furnished in an area of the state
6961     during a period of emergency that is proclaimed by the governor to exist in that area; and
6962          (b) shall issue a necessary public announcement or policy with respect to the
6963     determination described in Subsection (9)(a);
6964          (10) issue event permits in accordance with Chapter 9, Event Permit Act; and
6965          (11) shall perform any other duty required by the commission or by law.
6966          Section 118. Section 32B-2-207 is amended to read:
6967          32B-2-207. Department employees -- Requirements.
6968          (1) "Upper management" means the director, a deputy director, or other Schedule AD,

6969     AR, or AS employee of the department, as defined in Section [67-19-15] 63A-17-301, except
6970     for the director of internal audits and auditors hired by the director of internal audits under
6971     Section 32B-2-302.5.
6972          (2) (a) Subject to this title, including the requirements of Chapter 1, Part 3,
6973     Qualifications and Background, the director may prescribe the qualifications of a department
6974     employee.
6975          (b) The director may hire an employee who is upper management only with the
6976     approval of four commissioners voting in an open meeting.
6977          (c) Except as provided in Section 32B-1-303, the executive director may dismiss an
6978     employee who is upper management after consultation with the chair of the commission.
6979          (3) (a) A person who seeks employment with the department shall file with the
6980     department an application under oath or affirmation in a form prescribed by the commission.
6981          (b) Upon receiving an application, the department shall determine whether the
6982     individual is:
6983          (i) of good moral character; and
6984          (ii) qualified for the position sought.
6985          (c) The department shall select an individual for employment or advancement with the
6986     department in accordance with Title [67] 63A, Chapter [19] 17, Utah State Personnel
6987     Management Act.
6988          (4) The following are not considered a department employee:
6989          (a) a package agent;
6990          (b) a licensee;
6991          (c) a staff member of a package agent; or
6992          (d) staff of a licensee.
6993          (5) The department may not employ a minor to:
6994          (a) work in:
6995          (i) a state store; or
6996          (ii) a department warehouse; or
6997          (b) engage in an activity involving the handling of an alcoholic product.
6998          (6) The department shall ensure that any training or certification required of a public
6999     official or public employee, as those terms are defined in Section 63G-22-102, complies with

7000     Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
7001     certification is required:
7002          (a) under this title;
7003          (b) by the department; or
7004          (c) by an agency or division within the department.
7005          Section 119. Section 32B-3-204 is amended to read:
7006          32B-3-204. Disciplinary proceeding procedure.
7007          (1) (a) Subject to Section 32B-3-202, the following may conduct an adjudicative
7008     proceeding to inquire into a matter necessary and proper for the administration of this title and
7009     rules adopted under this title:
7010          (i) the commission;
7011          (ii) a hearing examiner appointed by the commission to conduct a suspension,
7012     non-renewal, or revocation hearing required by law;
7013          (iii) the director; and
7014          (iv) the department.
7015          (b) Except as provided in this section or Section 32B-2-605, a person described in
7016     Subsection (1)(a) shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in an
7017     adjudicative proceeding.
7018          (c) Except when otherwise provided by law, an adjudicative proceeding before the
7019     commission or a hearing examiner appointed by the commission shall be:
7020          (i) video or audio recorded; and
7021          (ii) subject to Subsection (3)(b), conducted in accordance with Title 52, Chapter 4,
7022     Open and Public Meetings Act.
7023          (d) A person listed in Subsection (1)(a) shall conduct an adjudicative proceeding
7024     concerning departmental personnel in accordance with Title [67] 63A, Chapter [19] 17, Utah
7025     State Personnel Management Act.
7026          (e) A hearing that is informational, fact gathering, and nonadversarial in nature shall be
7027     conducted in accordance with rules, policies, and procedures made by the commission,
7028     director, or department.
7029          (2) (a) Subject to Section 32B-3-202, a disciplinary proceeding shall be conducted
7030     under the authority of the commission, which is responsible for rendering a final decision and

7031     order on a disciplinary matter.
7032          (b) (i) The commission may appoint a necessary officer, including a hearing examiner,
7033     from within or without the department, to administer the disciplinary proceeding process.
7034          (ii) A hearing examiner appointed by the commission:
7035          (A) may conduct a disciplinary proceeding hearing on behalf of the commission; and
7036          (B) shall submit to the commission a report including:
7037          (I) findings of fact determined on the basis of a preponderance of the evidence
7038     presented at the hearing;
7039          (II) conclusions of law; and
7040          (III) recommendations.
7041          (iii) A report of a hearing examiner under this Subsection (2)(b) may not recommend a
7042     penalty more severe than that initially sought by the department in the notice of agency action.
7043          (iv) A copy of a hearing examiner report under this Subsection (2)(b) shall be served
7044     upon the respective parties.
7045          (v) Before final commission action, the commission shall give a respondent and the
7046     department reasonable opportunity to file a written objection to a hearing examiner report.
7047          (3) (a) The commission or an appointed hearing examiner shall preside over a
7048     disciplinary proceeding hearing.
7049          (b) A disciplinary proceeding hearing may be closed only after the commission or
7050     hearing examiner makes a written finding that the public interest in an open hearing is clearly
7051     outweighed by factors enumerated in the closure order.
7052          (c) (i) The commission or an appointed hearing examiner as part of a disciplinary
7053     proceeding hearing may:
7054          (A) administer an oath or affirmation;
7055          (B) take evidence, including evidence provided in relation to an order to show cause
7056     the department issued in accordance with Section 32B-3-202;
7057          (C) take a deposition within or without this state; and
7058          (D) require by subpoena from a place within this state:
7059          (I) the testimony of a person at a hearing; and
7060          (II) the production of a record or other evidence considered relevant to the inquiry.
7061          (ii) A person subpoenaed in accordance with this Subsection (3)(c) shall testify and

7062     produce a record or tangible thing as required in the subpoena.
7063          (iii) A witness subpoenaed, called to testify, or called to produce evidence who claims
7064     a privilege against self-incrimination may not be compelled to testify, but the commission or
7065     the hearing examiner shall file a written report with the county attorney or district attorney in
7066     the jurisdiction where the privilege is claimed or where the witness resides setting forth the
7067     circumstance of the claimed privilege.
7068          (iv) (A) A person is not excused from obeying a subpoena without just cause.
7069          (B) A district court within the judicial district in which a person alleged to be guilty of
7070     willful contempt of court or refusal to obey a subpoena is found or resides, upon application by
7071     the party issuing the subpoena, may issue an order requiring the person to:
7072          (I) appear before the issuing party; and
7073          (II) (Aa) produce documentary evidence if so ordered; or
7074          (Bb) give evidence regarding the matter in question.
7075          (C) Failure to obey an order of the court may be punished by the court as contempt.
7076          (d) In a case heard by the commission, the commission shall issue its final decision and
7077     order in accordance with Subsection (2).
7078          (4) (a) The commission shall:
7079          (i) render a final decision and order on a disciplinary action; and
7080          (ii) cause its final order to be prepared in writing, issued, and served on all parties.
7081          (b) An order of the commission is final on the date the order is issued.
7082          (c) The commission, after the commission renders its final decision and order, may
7083     require the director to prepare, issue, and cause to be served on the parties the final written
7084     order on behalf of the commission.
7085          (5) (a) If a respondent requests a disciplinary proceeding hearing, the hearing held by
7086     the commission or a hearing examiner appointed by the commission shall proceed formally in
7087     accordance with Sections 63G-4-204 through 63G-4-209 if:
7088          (i) the alleged violation poses, or potentially poses, a grave risk to public safety, health,
7089     and welfare;
7090          (ii) the alleged violation involves:
7091          (A) selling or furnishing an alcoholic product to a minor;
7092          (B) attire, conduct, or entertainment prohibited by Chapter 1, Part 5, Attire, Conduct,

7093     and Entertainment Act;
7094          (C) fraud, deceit, willful concealment, or misrepresentation of the facts by or on behalf
7095     of the respondent;
7096          (D) interfering or refusing to cooperate with:
7097          (I) an authorized official of the department or the state in the discharge of the official's
7098     duties in relation to the enforcement of this title; or
7099          (II) a peace officer in the discharge of the peace officer's duties in relation to the
7100     enforcement of this title;
7101          (E) an unlawful trade practice under Chapter 4, Part 7, Trade Practices Act;
7102          (F) unlawful importation of an alcoholic product; or
7103          (G) unlawful supply of liquor by a liquor industry member, as defined in Section
7104     32B-4-702, to a person other than the department or a military installation, except to the extent
7105     permitted by this title; or
7106          (iii) the department determines to seek in a disciplinary proceeding hearing:
7107          (A) an administrative fine exceeding $3,000;
7108          (B) a suspension of a license, permit, or certificate of approval of more than 10 days; or
7109          (C) a revocation of a license, permit, or certificate of approval.
7110          (b) If a respondent does not request a disciplinary proceeding hearing, a hearing shall
7111     proceed informally unless it is designated as a formal proceeding pursuant to rules adopted by
7112     the commission in accordance with Subsection (5)(c).
7113          (c) The commission shall make rules to provide a procedure to implement this
7114     Subsection (5).
7115          (6) (a) If the department recommends nonrenewal of a license, the department shall
7116     notify the licensee of the recommendation at least 15 days before the commission takes action
7117     on the nonrenewal.
7118          (b) Notwithstanding Subsection (2), the commission shall appoint a hearing examiner
7119     to conduct an adjudicative hearing in accordance with this section if the licensee files a request
7120     for a hearing within 10 days of receipt of the notice under Subsection (6)(a).
7121          Section 120. Section 32B-8a-302 is amended to read:
7122          32B-8a-302. Application -- Approval process.
7123          (1) To obtain the transfer of an alcohol license from an alcohol licensee, the transferee

7124     shall file a transfer application with the department that includes:
7125          (a) an application in the form provided by the department;
7126          (b) a statement as to whether the consideration, if any, to be paid to the transferor
7127     includes payment for transfer of the alcohol license;
7128          (c) a statement executed under penalty of perjury that the consideration as set forth in
7129     the escrow agreement required by Section 32B-8a-401 is deposited with the escrow holder; and
7130          (d) (i) an application fee of $300; and
7131          (ii) a transfer fee determined in accordance with Section 32B-8a-303.
7132          (2) If the intended transfer of an alcohol license involves consideration, at least 10 days
7133     before the commission may approve the transfer, the department shall post a notice of the
7134     intended transfer on the Public Notice Website created in Section [63F-1-701] 63A-16-601 that
7135     states the following:
7136          (a) the name of the transferor;
7137          (b) the name and address of the business currently associated with the alcohol license;
7138          (c) instructions for filing a claim with the escrow holder; and
7139          (d) the projected date that the commission may consider the transfer application.
7140          (3) (a) (i) Before the commission may approve the transfer of an alcohol license, the
7141     department shall conduct an investigation and may hold public hearings to gather information
7142     and make recommendations to the commission as to whether the transfer of the alcohol license
7143     should be approved.
7144          (ii) The department shall forward the information and recommendations described in
7145     this Subsection (3)(a) to the commission to aid in the commission's determination.
7146          (b) Before approving a transfer, the commission shall:
7147          (i) determine that the transferee filed a complete application;
7148          (ii) determine that the transferee is eligible to hold the type of alcohol license that is to
7149     be transferred at the premises to which the alcohol license would be transferred;
7150          (iii) determine that the transferee is not delinquent in the payment of an amount
7151     described in Subsection 32B-8a-201(3);
7152          (iv) determine that the transferee is not disqualified under Section 32B-1-304;
7153          (v) consider the locality within which the proposed licensed premises is located,
7154     including:

7155          (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;
7156          (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer
7157     retailer state license;
7158          (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing
7159     license; and
7160          (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit
7161     that is an industrial and manufacturing use permit;
7162          (vi) consider the transferee's ability to manage and operate the retail license to be
7163     transferred, including:
7164          (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;
7165          (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer
7166     retailer state license;
7167          (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing
7168     license; and
7169          (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit
7170     that is an industrial and manufacturing use permit;
7171          (vii) consider the nature or type of alcohol licensee operation of the transferee,
7172     including:
7173          (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;
7174          (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer
7175     retailer state license;
7176          (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing
7177     license; and
7178          (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit
7179     that is an industrial and manufacturing use permit;
7180          (viii) if the transfer involves consideration, determine that the transferee and transferor
7181     have complied with Part 4, Protection of Creditors; and
7182          (ix) consider any other factor the commission considers necessary.
7183          (4) Except as otherwise provided in Section 32B-1-202, the commission may not
7184     approve the transfer of an alcohol license to premises that do not meet the proximity
7185     requirements of Subsection 32B-1-202(2), Section 32B-7-201, or Section 32B-11-210, as

7186     applicable.
7187          Section 121. Section 34-41-101 is amended to read:
7188          34-41-101. Definitions.
7189          As used in this chapter:
7190          (1) "Drug" means any substance recognized as a drug in the United States
7191     Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug
7192     compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to
7193     any of those compendia.
7194          (2) "Drug testing" means the scientific analysis for the presence of drugs or their
7195     metabolites in the human body in accordance with the definitions and terms of this chapter.
7196          (3) "Local governmental employee" means any person or officer in the service of a
7197     local governmental entity or state institution of higher education for compensation.
7198          (4) (a) "Local governmental entity" means any political subdivision of Utah including
7199     any county, municipality, local school district, local district, special service district, or any
7200     administrative subdivision of those entities.
7201          (b) "Local governmental entity" does not mean Utah state government or its
7202     administrative subdivisions provided for in Sections [67-19-33] 63A-17-1001 through
7203     [67-19-38] 63A-17-1006.
7204          (5) "Periodic testing" means preselected and preannounced drug testing of employees
7205     or volunteers conducted on a regular schedule.
7206          (6) "Prospective employee" means any person who has made a written or oral
7207     application to become an employee of a local governmental entity or a state institution of
7208     higher education.
7209          (7) "Random testing" means the unannounced drug testing of an employee or volunteer
7210     who was selected for testing by using a method uninfluenced by any personal characteristics
7211     other than job category.
7212          (8) "Reasonable suspicion for drug testing" means an articulated belief based on the
7213     recorded specific facts and reasonable inferences drawn from those facts that a local
7214     government employee or volunteer is in violation of the drug-free workplace policy.
7215          (9) "Rehabilitation testing" means unannounced but preselected drug testing done as
7216     part of a program of counseling, education, and treatment of an employee or volunteer in

7217     conjunction with the drug-free workplace policy.
7218          (10) "Safety sensitive position" means any local governmental or state institution of
7219     higher education position involving duties which directly affects the safety of governmental
7220     employees, the general public, or positions where there is access to controlled substances, as
7221     defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of
7222     performing job duties.
7223          (11) "Sample" means urine, blood, breath, saliva, or hair.
7224          (12) "State institution of higher education" means the institution as defined in Section
7225     53B-3-102.
7226          (13) "Volunteer" means any person who donates services as authorized by the local
7227     governmental entity or state institution of higher education without pay or other compensation
7228     except expenses actually and reasonably incurred.
7229          Section 122. Section 34A-1-201 is amended to read:
7230          34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
7231     Qualifications -- Responsibilities -- Reports.
7232          (1) (a) The chief administrative officer of the commission is the commissioner, who
7233     shall be appointed by the governor with the advice and consent of the Senate.
7234          (b) The commissioner shall serve at the pleasure of the governor.
7235          (c) The commissioner shall receive a salary established by the governor within the
7236     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
7237          (d) The commissioner shall be experienced in administration, management, and
7238     coordination of complex organizations.
7239          (2) (a) The commissioner shall serve full-time.
7240          (b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
7241          (A) hold any other office of this state, another state, or the federal government except
7242     in an ex officio capacity; or
7243          (B) serve on any committee of any political party.
7244          (ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
7245          (A) hold a nominal position or title if it is required by law as a condition for the state
7246     participating in an appropriation or allotment of any money, property, or service that may be
7247     made or allotted for the commission; or

7248          (B) serve as the chief administrative officer of any division, office, or bureau that is
7249     established within the commission.
7250          (iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
7251     commissioner may not be paid any additional compensation for holding the position.
7252          (3) Before beginning the duties as a commissioner, an appointed commissioner shall
7253     take and subscribe the constitutional oath of office and file the oath with the Division of
7254     Archives.
7255          (4) The commissioner shall:
7256          (a) administer and supervise the commission in compliance with Title [67] 63A,
7257     Chapter [19] 17, Utah State Personnel Management Act;
7258          (b) approve the proposed budget of each division and the Appeals Board;
7259          (c) approve all applications for federal grants or assistance in support of any
7260     commission program; and
7261          (d) fulfill such other duties as assigned by the Legislature or as assigned by the
7262     governor that are not inconsistent with this title or Title 34, Labor in General.
7263          (5) (a) The commissioner shall report annually to the Legislature and the governor
7264     concerning the operations of the commission and the programs that the commission
7265     administers.
7266          (b) If federal law requires that a report to the governor or Legislature be given
7267     concerning the commission or a program administered by the commission, the commissioner or
7268     the commissioner's designee shall make that report.
7269          Section 123. Section 34A-1-204 is amended to read:
7270          34A-1-204. Division directors -- Appointment -- Compensation -- Qualifications.
7271          (1) The chief officer of each division within the commission shall be a director, who
7272     shall serve as the executive and administrative head of the division.
7273          (2) A director shall be appointed by the commissioner with the concurrence of the
7274     governor and may be removed from that position at the will of the commissioner.
7275          (3) A director of a division shall receive compensation as provided by Title [67] 63A,
7276     Chapter [19] 17, Utah State Personnel Management Act.
7277          (4) (a) A director of a division shall be experienced in administration and possess such
7278     additional qualifications as determined by the commissioner.

7279          (b) In addition to the requirements imposed under Subsection (4)(a), the director of the
7280     Division of Adjudication shall be admitted to the practice of law in this state.
7281          Section 124. Section 34A-1-205 is amended to read:
7282          34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --
7283     Qualifications.
7284          (1) (a) There is created the Appeals Board within the commission consisting of three
7285     members.
7286          (b) The board may call and preside at adjudicative proceedings to review an order or
7287     decision that is subject to review by the Appeals Board under this title.
7288          (2) (a) With the advice and consent of the Senate and in accordance with this section,
7289     the governor shall appoint:
7290          (i) one member of the board to represent employers; and
7291          (ii) one member of the board to represent employees.
7292          (b) With the advice and consent of the Senate and in accordance with this section, the
7293     governor may appoint:
7294          (i) one alternate member of the board to represent employers in the event that the
7295     member representing employers is unavailable; or
7296          (ii) one alternate member of the board to represent employees in the event that the
7297     member representing employees is unavailable.
7298          (c) In making the appointments described in this subsection, the governor shall:
7299          (i) when appointing a member or alternate member to represent employers, consider
7300     nominations from employer organizations;
7301          (ii) when appointing a member or alternate member to represent employees, consider
7302     nominations from employee organizations;
7303          (iii) ensure that no more than two members belong to the same political party; and
7304          (iv) ensure that an alternate member belongs to the same political party as the member
7305     for whom the alternate stands in.
7306          (d) The governor shall, at the time of appointment or reappointment, make
7307     appointments to the board so that at least two of the members of the board are members of the
7308     Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
7309          (3) (a) The term of a member and an alternate member shall be six years beginning on

7310     March 1 of the year the member or alternate member is appointed, except that the governor
7311     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
7312     terms of members and alternate members are staggered so that one member and alternate
7313     member is appointed every two years.
7314          (b) The governor may remove a member or alternate member only for inefficiency,
7315     neglect of duty, malfeasance or misfeasance in office, or other good and sufficient cause.
7316          (c) A member or alternate member shall hold office until a successor is appointed and
7317     has qualified.
7318          (4) A member and alternate member shall be part-time and receive compensation as
7319     provided by Title [67] 63A, Chapter [19] 17, Utah State Personnel Management Act.
7320          (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
7321     and administrative head of the board.
7322          (b) The governor shall appoint and may remove at will the chair from the position of
7323     chair.
7324          (6) A majority of the board shall constitute a quorum to transact business.
7325          (7) (a) The commission shall provide the Appeals Board necessary staff support,
7326     except as provided in Subsection (7)(b).
7327          (b) At the request of the Appeals Board, the attorney general shall act as an impartial
7328     aid to the Appeals Board in outlining the facts and the issues.
7329          Section 125. Section 35A-1-201 is amended to read:
7330          35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
7331     Qualifications -- Responsibilities -- Deputy directors.
7332          (1) (a) The chief administrative officer of the department is the executive director, who
7333     is appointed by the governor with the advice and consent of the Senate.
7334          (b) The executive director serves at the pleasure of the governor.
7335          (c) The executive director shall receive a salary established by the governor within the
7336     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
7337          (d) The executive director shall be experienced in administration, management, and
7338     coordination of complex organizations.
7339          (2) The executive director shall:
7340          (a) administer and supervise the department in compliance with Title [67] 63A,

7341     Chapter [19] 17, Utah State Personnel Management Act;
7342          (b) supervise and coordinate between the economic service areas and directors created
7343     under Chapter 2, Economic Service Areas;
7344          (c) coordinate policies and program activities conducted through the divisions and
7345     economic service areas of the department;
7346          (d) approve the proposed budget of each division, the Workforce Appeals Board, and
7347     each economic service area within the department;
7348          (e) approve all applications for federal grants or assistance in support of any
7349     department program;
7350          (f) coordinate with the executive directors of the Governor's Office of Economic
7351     Development and the Governor's Office of Management and Budget to review data and metrics
7352     to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
7353          (g) fulfill such other duties as assigned by the Legislature or as assigned by the
7354     governor that are not inconsistent with this title.
7355          (3) The executive director may appoint deputy or assistant directors to assist the
7356     executive director in carrying out the department's responsibilities.
7357          (4) The executive director shall at least annually provide for the sharing of information
7358     between the advisory councils established under this title.
7359          Section 126. Section 35A-1-204 is amended to read:
7360          35A-1-204. Division directors -- Appointment -- Compensation -- Qualifications.
7361          (1) The chief officer of each division within the department shall be a director, who
7362     shall serve as the executive and administrative head of the division.
7363          (2) A director shall be appointed by the executive director with the concurrence of the
7364     governor and may be removed from that position at the will of the executive director.
7365          (3) A director of a division shall receive compensation as provided by Title [67] 63A,
7366     Chapter [19] 17, Utah State Personnel Management Act.
7367          (4) (a) A director of a division shall be experienced in administration and possess such
7368     additional qualifications as determined by the executive director.
7369          (b) In addition to the requirements of Subsection (4)(a), the director of the Division of
7370     Adjudication shall be admitted to the practice of law in Utah.
7371          Section 127. Section 36-1-101.5 is amended to read:

7372          36-1-101.5. Utah State Senate -- District boundaries.
7373          (1) As used in this section:
7374          (a) "County boundary" means the county boundary's location in the database as of
7375     January 1, 2010.
7376          (b) "Database" means the State Geographic Information Database created in Section
7377     [63F-1-507] 63A-16-506.
7378          (c) "Local school district boundary" means the local school district boundary's location
7379     in the database as of January 1, 2010.
7380          (d) "Municipal boundary" means the municipal boundary's location in the database as
7381     of January 1, 2010.
7382          (2) The Utah State Senate shall consist of 29 members, with one member to be elected
7383     from each Utah State Senate district.
7384          (3) The Legislature adopts the official census population figures and maps of the
7385     Bureau of the Census of the United States Department of Commerce developed in connection
7386     with the taking of the 2010 national decennial census as the official data for establishing Senate
7387     district boundaries.
7388          (4) (a) Notwithstanding Subsection (3), the Legislature enacts the district numbers and
7389     boundaries of the Senate districts designated in the Senate shapefile that is the electronic
7390     component of the bill that enacts this section.
7391          (b) That Senate shapefile, and the Senate district boundaries generated from that Senate
7392     shapefile, may be accessed via the Utah Legislature's website.
7393          Section 128. Section 36-1-105 is amended to read:
7394          36-1-105. Uncertain boundaries -- How resolved.
7395          (1) As used in this section:
7396          (a) "Affected party" means:
7397          (i) a senator whose Utah State Senate district boundary is uncertain because the feature
7398     used to establish the district boundary in the Senate shapefile has been removed, modified, or is
7399     unable to be identified or who is uncertain about whether or not the senator or another person
7400     resides in a particular Senate district;
7401          (ii) a candidate for senator whose Senate district boundary is uncertain because the
7402     feature used to establish the district boundary in the Senate shapefile has been removed,

7403     modified, or is unable to be identified or who is uncertain about whether or not the candidate or
7404     another person resides in a particular Senate district; or
7405          (iii) a person who is uncertain about which Senate district contains the person's
7406     residence because the feature used to establish the district boundary in the Senate shapefile has
7407     been removed, modified, or is unable to be identified.
7408          (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
7409     political subdivision boundary that is used to establish a Senate district boundary.
7410          (2) (a) An affected party may file a written request petitioning the lieutenant governor
7411     to determine:
7412          (i) the precise location of the Senate district boundary;
7413          (ii) the number of the Senate district in which a person resides; or
7414          (iii) both Subsections (2)(a)(i) and (ii).
7415          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
7416     governor shall review:
7417          (i) the Senate shapefile; and
7418          (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
7419     area.
7420          (c) Within five days of receipt of the request, the lieutenant governor shall:
7421          (i) review the Senate shapefile;
7422          (ii) review any relevant data; and
7423          (iii) make a determination.
7424          (d) When the lieutenant governor determines the location of the Senate district
7425     boundary, the lieutenant governor shall:
7426          (i) prepare a certification identifying the appropriate Senate district boundary and
7427     attaching a map, if necessary; and
7428          (ii) send a copy of the certification to:
7429          (A) the affected party;
7430          (B) the county clerk of the affected county; and
7431          (C) the Automated Geographic Reference Center created under Section [63F-1-506]
7432     63A-16-505.
7433          (e) If the lieutenant governor determines the number of the Senate district in which a

7434     particular person resides, the lieutenant governor shall send a letter identifying that district by
7435     number to:
7436          (i) the person;
7437          (ii) the affected party who filed the petition, if different than the person whose Senate
7438     district number was identified; and
7439          (iii) the county clerk of the affected county.
7440          Section 129. Section 36-1-201.5 is amended to read:
7441          36-1-201.5. Utah House of Representatives -- House district boundaries.
7442          (1) As used in this section:
7443          (a) "County boundary" means the county boundary's location in the database as of
7444     January 1, 2017.
7445          (b) "Database" means the State Geographic Information Database created in Section
7446     [63F-1-507] 63A-16-506.
7447          (c) "Local school district boundary" means the local school district boundary's location
7448     in the database as of January 1, 2010.
7449          (d) "Municipal boundary" means the municipal boundary's location in the database as
7450     of January 1, 2010.
7451          (2) The Utah House of Representatives shall consist of 75 members, with one member
7452     to be elected from each Utah House of Representative district.
7453          (3) The Legislature adopts the official census population figures and maps of the
7454     Bureau of the Census of the United States Department of Commerce developed in connection
7455     with the taking of the 2010 national decennial census as the official data for establishing House
7456     district boundaries.
7457          (4) (a) Notwithstanding Subsection (3), and except as modified by Subsection (4)(b),
7458     the Legislature enacts the district numbers and boundaries of the House districts designated by
7459     the House shapefile that is the electronic component of 2013 General Session H.B. 366, State
7460     House Boundary Amendments.
7461          (b) The boundary between House District 1 and House District 5 in the shapefile
7462     described in Subsection (4)(a) is changed to follow the county boundary of Box Elder County
7463     and Cache County from the intersection of Cache, Box Elder, and Weber counties, north to the
7464     intersection of House District 1, House District 3, and House District 5.

7465          (c) That House shapefile, and the legislative boundaries generated from that shapefile,
7466     may be accessed via the Utah Legislature's website.
7467          Section 130. Section 36-1-204 is amended to read:
7468          36-1-204. Uncertain boundaries -- How resolved.
7469          (1) As used in this section:
7470          (a) "Affected party" means:
7471          (i) a representative whose Utah House of Representatives district boundary is uncertain
7472     because the feature used to establish the district boundary in the House shapefile has been
7473     removed, modified, or is unable to be identified or who is uncertain about whether or not the
7474     representative or another person resides in a particular House district;
7475          (ii) a candidate for representative whose House district boundary is uncertain because
7476     the feature used to establish the district boundary in the House shapefile has been removed,
7477     modified, or is unable to be identified or who is uncertain about whether or not the candidate or
7478     another person resides in a particular House district; or
7479          (iii) a person who is uncertain about which House district contains the person's
7480     residence because the feature used to establish the district boundary in the House shapefile has
7481     been removed, modified, or is unable to be identified.
7482          (b) "Feature" means a geographic or other identifiable tangible or intangible object
7483     such as a road or political subdivision boundary that is used to establish a House district
7484     boundary.
7485          (2) (a) An affected party may file a written request petitioning the lieutenant governor
7486     to determine:
7487          (i) the precise location of the House district boundary;
7488          (ii) the number of the House district in which a person resides; or
7489          (iii) both Subsections (2)(a)(i) and (ii).
7490          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
7491     governor shall review:
7492          (i) the House shapefile; and
7493          (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
7494     area.
7495          (c) Within five days of receipt of the request, the lieutenant governor shall:

7496          (i) review the House shapefile;
7497          (ii) review any relevant data; and
7498          (iii) make a determination.
7499          (d) When the lieutenant governor determines the location of the House district
7500     boundary, the lieutenant governor shall:
7501          (i) prepare a certification identifying the appropriate House district boundary and
7502     attaching a map, if necessary; and
7503          (ii) send a copy of the certification to:
7504          (A) the affected party;
7505          (B) the county clerk of the affected county; and
7506          (C) the Automated Geographic Reference Center created under Section [63F-1-506]
7507     63A-16-505.
7508          (e) If the lieutenant governor determines the number of the House district in which a
7509     particular person resides, the lieutenant governor shall send a letter identifying that district by
7510     number to:
7511          (i) the person;
7512          (ii) the affected party who filed the petition, if different than the person whose House
7513     district number was identified; and
7514          (iii) the county clerk of the affected county.
7515          Section 131. Section 40-2-202 is amended to read:
7516          40-2-202. Appointment of director.
7517          (1) The director is the chief officer of the office and serves as the executive and
7518     administrative head of the office.
7519          (2) (a) The commissioner shall appoint the director.
7520          (b) The director may be removed from that position at the will of the commissioner.
7521          (3) The director shall receive compensation as provided by Title [67] 63A, Chapter
7522     [19] 17, Utah State Personnel Management Act.
7523          (4) The director shall be experienced in administration and possess such additional
7524     qualifications as determined by the commissioner.
7525          Section 132. Section 45-1-101 is amended to read:
7526          45-1-101. Legal notice publication requirements.

7527          (1) As used in this section:
7528          (a) "Average advertisement rate" means:
7529          (i) in determining a rate for publication on the public legal notice website or in a
7530     newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth
7531     class, a newspaper's gross advertising revenue for the preceding calendar quarter divided by the
7532     gross column-inch space used in the newspaper for advertising for the previous calendar
7533     quarter; or
7534          (ii) in determining a rate for publication in a newspaper that primarily distributes
7535     publications in a county of the first or second class, a newspaper's average rate for all
7536     qualifying advertising segments for the preceding calendar quarter for an advertisement:
7537          (A) published in the same section of the newspaper as the legal notice; and
7538          (B) of the same column-inch space as the legal notice.
7539          (b) "Column-inch space" means a unit of space that is one standard column wide by
7540     one inch high.
7541          (c) "Gross advertising revenue" means the total revenue obtained by a newspaper from
7542     all of its qualifying advertising segments.
7543          (d) (i) "Legal notice" means:
7544          (A) a communication required to be made public by a state statute or state agency rule;
7545     or
7546          (B) a notice required for judicial proceedings or by judicial decision.
7547          (ii) "Legal notice" does not include:
7548          (A) a public notice published by a public body in accordance with the provisions of
7549     Sections 52-4-202 and [63F-1-701] 63A-16-601; or
7550          (B) a notice of delinquency in the payment of property taxes described in Section
7551     59-2-1332.5.
7552          (e) "Local district" is as defined in Section 17B-1-102.
7553          (f) "Public legal notice website" means the website described in Subsection (2)(b) for
7554     the purpose of publishing a legal notice online.
7555          (g) (i) "Qualifying advertising segment" means, except as provided in Subsection
7556     (1)(g)(ii), a category of print advertising sold by a newspaper, including classified advertising,
7557     line advertising, and display advertising.

7558          (ii) "Qualifying advertising segment" does not include legal notice advertising.
7559          (h) "Special service district" is as defined in Section 17D-1-102.
7560          (2) Except as provided in Subsections (8) and (9), notwithstanding any other legal
7561     notice provision established by law, a person required by law to publish legal notice shall
7562     publish the notice:
7563          (a) (i) as required by the statute establishing the legal notice requirement; or
7564          (ii) by serving legal notice, by certified mail or in person, directly on all parties for
7565     whom the statute establishing the legal notice requirement requires legal notice, if:
7566          (A) the direct service of legal notice does not replace publication in a newspaper that
7567     primarily distributes publications in a county of the third, fourth, fifth, or sixth class;
7568          (B) the statute clearly identifies the parties;
7569          (C) the person can prove that the person has identified all parties for whom notice is
7570     required; and
7571          (D) the person keeps a record of the service for at least two years; and
7572          (b) on a public legal notice website established by the combined efforts of Utah's
7573     newspapers that collectively distribute newspapers to the majority of newspaper subscribers in
7574     the state.
7575          (3) The public legal notice website shall:
7576          (a) be available for viewing and searching by the general public, free of charge; and
7577          (b) accept legal notice posting from any newspaper in the state.
7578          (4) A person that publishes legal notice as required under Subsection (2) is not relieved
7579     from complying with an otherwise applicable requirement under Title 52, Chapter 4, Open and
7580     Public Meetings Act.
7581          (5) If legal notice is required by law and one option for complying with the
7582     requirement is publication in a newspaper, or if a local district or a special service district
7583     publishes legal notice in a newspaper, the newspaper:
7584          (a) may not charge more for publication than the newspaper's average advertisement
7585     rate; and
7586          (b) shall publish the legal notice on the public legal notice website at no additional
7587     cost.
7588          (6) If legal notice is not required by law, if legal notice is required by law and the

7589     person providing legal notice, in accordance with the requirements of law , chooses not to
7590     publish the legal notice in a newspaper, or if a local district or a special service district with an
7591     annual operating budget of less than $250,000 chooses to publish a legal notice on the public
7592     notice website without publishing the complete notice in the newspaper, a newspaper:
7593          (a) may not charge more than an amount equal to 15% of the newspaper's average
7594     advertisement rate for publishing five column lines in the newspaper to publish legal notice on
7595     the public legal notice website;
7596          (b) may not require that the legal notice be published in the newspaper; and
7597          (c) at the request of the person publishing on the legal notice website, shall publish in
7598     the newspaper up to five column lines, at no additional charge, that briefly describe the legal
7599     notice and provide the web address where the full public legal notice can be found.
7600          (7) If a newspaper offers to publish the type of legal notice described in Subsection (5),
7601     it may not refuse to publish the type of legal notice described in Subsection (6).
7602          (8) Notwithstanding the requirements of a statute that requires the publication of legal
7603     notice, if legal notice is required by law to be published by a local district or a special service
7604     district with an annual operating budget of $250,000 or more, the local district or special
7605     service district shall satisfy its legal notice publishing requirements by:
7606          (a) mailing a written notice, postage prepaid:
7607          (i) to each voter in the local district or special service district; and
7608          (ii) that contains the information required by the statute that requires the publication of
7609     legal notice; or
7610          (b) publishing the legal notice in a newspaper and on the legal public notice website as
7611     described in Subsection (5).
7612          (9) Notwithstanding the requirements of a statute that requires the publication of legal
7613     notice, if legal notice is required by law to be published by a local district or a special service
7614     district with an annual operating budget of less than $250,000, the local district or special
7615     service district shall satisfy its legal notice publishing requirements by:
7616          (a) mailing a written notice, postage prepaid:
7617          (i) to each voter in the local district or special service district; and
7618          (ii) that contains the information required by the statute that requires the publication of
7619     legal notice; or

7620          (b) publishing the legal notice in a newspaper and on the public legal notice website as
7621     described in Subsection (5); or
7622          (c) publishing the legal notice on the public legal notice website as described in
7623     Subsection (6).
7624          Section 133. Section 46-4-501 is amended to read:
7625          46-4-501. Creation and retention of electronic records and conversion of written
7626     records by governmental agencies.
7627          (1) A state governmental agency may, by following the procedures and requirements of
7628     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that:
7629          (a) identify specific transactions that the agency is willing to conduct by electronic
7630     means;
7631          (b) identify specific transactions that the agency will never conduct by electronic
7632     means;
7633          (c) specify the manner and format in which electronic records must be created,
7634     generated, sent, communicated, received, and stored, and the systems established for those
7635     purposes;
7636          (d) if law or rule requires that the electronic records must be signed by electronic
7637     means, specify the type of electronic signature required, the manner and format in which the
7638     electronic signature must be affixed to the electronic record, and the identity of, or criteria that
7639     must be met, by any third party used by a person filing a document to facilitate the process;
7640          (e) specify control processes and procedures as appropriate to ensure adequate
7641     preservation, disposition, integrity, security, confidentiality, and auditability of electronic
7642     records; and
7643          (f) identify any other required attributes for electronic records that are specified for
7644     corresponding nonelectronic records or that are reasonably necessary under the circumstances.
7645          (2) A state governmental agency that makes rules under this section shall submit copies
7646     of those rules, and any amendments to those rules, to the chief information officer established
7647     by Section [63F-1-201] 63A-16-201.
7648          (3) (a) The chief information officer may prepare model rules and standards relating to
7649     electronic transactions that encourage and promote consistency and interoperability with
7650     similar requirements adopted by other Utah government agencies, other states, the federal

7651     government, and nongovernmental persons interacting with Utah governmental agencies.
7652          (b) In preparing those model rules and standards, the chief information officer may
7653     specify different levels of standards from which governmental agencies may choose in order to
7654     implement the most appropriate standard for a particular application.
7655          (c) Nothing in this Subsection (3) requires a state agency to use the model rules and
7656     standards prepared by the chief information officer when making rules under this section.
7657          (4) Except as provided in Subsection 46-4-301(6), nothing in this chapter requires any
7658     state governmental agency to:
7659          (a) conduct transactions by electronic means; or
7660          (b) use or permit the use of electronic records or electronic signatures.
7661          (5) Each state governmental agency shall:
7662          (a) establish record retention schedules for any electronic records created or received in
7663     an electronic transaction according to the standards developed by the Division of Archives
7664     under Subsection 63A-12-101(2)(e); and
7665          (b) obtain approval of those schedules from the Records Management Committee as
7666     required by Subsection 63A-12-113(1)(b).
7667          Section 134. Section 49-11-1102 is amended to read:
7668          49-11-1102. Public notice of administrative board meetings -- Posting on Utah
7669     Public Notice Website.
7670          (1) The office shall provide advance public notice of meetings and agendas on the Utah
7671     Public Notice Website established in Section [63F-1-701] 63A-16-601 for administrative board
7672     meetings.
7673          (2) The office may post other public materials, as directed by the board, on the Utah
7674     Public Notice Website.
7675          Section 135. Section 49-22-403 is amended to read:
7676          49-22-403. Eligibility to receive a retirement allowance for a benefit tied to a
7677     retirement date for defined contribution members.
7678          (1) As used in this section, "eligible to receive a retirement allowance" means the date
7679     selected by the member who is a participant under this part on which the member has ceased
7680     employment and would be qualified to receive an allowance under Section 49-22-304 if the
7681     member had been under the Tier II Hybrid Retirement System for the same period of

7682     employment.
7683          (2) The office and a participating employer shall make an accounting of years of
7684     service credit accrued for a member who is a participant under this part in order to calculate
7685     when a member would be eligible to receive a retirement allowance for purposes of
7686     establishing when a member may be eligible for a benefit tied to a retirement date that may be
7687     provided under Section [67-19-14.4] 63A-17-508, this title, another state statute, or by a
7688     participating employer.
7689          Section 136. Section 49-23-403 is amended to read:
7690          49-23-403. Eligibility to receive a retirement allowance for a benefit tied to a
7691     retirement date for defined contribution members.
7692          (1) As used in this section, "eligible to receive a retirement allowance" means the date
7693     selected by the member who is a participant under this part on which the member has ceased
7694     employment and would be qualified to receive an allowance under Section 49-23-303 if the
7695     member had been under the Tier II Hybrid Retirement System for the same period of
7696     employment.
7697          (2) The office and a participating employer shall make an accounting of years of
7698     service credit accrued for a member who is a participant under this part in order to calculate
7699     when a member would be eligible to receive a retirement allowance for purposes of
7700     establishing when a member may be eligible for a benefit tied to a retirement date that may be
7701     provided under Section [67-19-14.4] 63A-17-508, this title, another state statute, or by a
7702     participating employer.
7703          Section 137. Section 51-5-3 is amended to read:
7704          51-5-3. Definitions.
7705          As used in this chapter:
7706          (1) "Account groups" means a self-balancing set of accounts used to establish
7707     accounting control and accountability for the state's general fixed assets and general long-term
7708     obligations.
7709          (2) "Accrual basis" means the basis of accounting under which revenues are recorded
7710     when earned and expenditures are recorded when they result in liabilities for benefits received,
7711     even though the receipt of the revenue or payment of the expenditures may take place, in whole
7712     or in part, in another accounting period.

7713          (3) "Activity" means a specific and distinguishable line of work performed by one or
7714     more organizational components of a governmental unit to accomplish a function for which the
7715     governmental unit is responsible.
7716          (4) "Appropriation" means a legislative authorization to make expenditures and to
7717     incur obligations for specific purposes.
7718          (5) "Budgetary accounts" means those accounts necessary to reflect budgetary
7719     operations and conditions, such as estimated revenues, appropriations, and encumbrances.
7720          (6) "Cash basis" means the basis of accounting under which revenues are recorded
7721     when received in cash and expenditures are recorded when paid.
7722          (7) "Dedicated credit" means:
7723          (a) revenue that is required by law or by the contractual terms under which the revenue
7724     is accepted, to be expended for specified activities; and
7725          (b) revenue that is appropriated by provisions of law to the department, institution, or
7726     agency that assessed the revenue, to be expended for the specified activities.
7727          (8) "Encumbrances" means obligations in the form of purchase orders, contracts, or
7728     salary commitments that are chargeable to an appropriation and for which a part of the
7729     appropriation is reserved. Encumbrances cease when paid or when the actual liability is set up.
7730          (9) (a) "Expenditures" means decreases in net financial resources from other than
7731     interfund transfers, refundings of general long-term capital debt, and other items indicated by
7732     GASB.
7733          (b) "Expenditures" may include current operating expenses, debt service, capital
7734     outlays, employee benefits, earned entitlements, and shared revenues.
7735          (10) (a) "Financial resources" means assets that are obtained or controlled as a result of
7736     past transactions or events that in the normal course of operations will become cash.
7737          (b) "Financial resources" includes cash, claims to cash such as taxes receivable, and
7738     claims to goods or services such as prepaids.
7739          (11) "Fiscal period" means any period at the end of which a governmental unit
7740     determines its financial position and the results of its operations.
7741          (12) "Function" means a group of related activities aimed at accomplishing a major
7742     service or regulatory program for which a governmental unit is responsible.
7743          (13) "Fund" means an independent fiscal and accounting entity with a self-balancing

7744     set of accounts, composed of financial resources and other assets, all related liabilities and
7745     residual equities or balances and changes in those resources, assets, liabilities, and equities that,
7746     when recorded, are segregated for the purpose of carrying on specific activities or attaining
7747     certain objectives, according to special regulations, restrictions, or limitations.
7748          (14) "Fund accounts" means all accounts necessary to set forth the financial operations
7749     and financial position of a fund.
7750          (15) "GASB" means the Governmental Accounting Standards Board that is responsible
7751     for accounting standards used by public entities.
7752          (16) (a) "Governmental fund" means funds used to account for the acquisition, use, and
7753     balances of expendable financial resources and related liabilities using a measurement focus
7754     that emphasizes the flow of financial resources.
7755          (b) "Governmental fund" includes the following types: General Fund, special revenue
7756     funds, debt service funds, capital projects funds, and permanent funds.
7757          (17) "Lapse," as applied to appropriations, means the automatic termination of an
7758     unexpended appropriation.
7759          (18) "Liabilities" are the probable future sacrifices of economic benefits, arising from
7760     present obligations of a particular entity to transfer assets or provide services to other entities in
7761     the future.
7762          (19) "Net financial resources" means:
7763          (a) the difference between the amount of a governmental fund's financial resources and
7764     liabilities; and
7765          (b) the fund balance of a governmental fund.
7766          (20) "Postemployment" means that period of time following:
7767          (a) the last day worked by an employee as a result of his long-term disability; or
7768          (b) the date that an employee identifies as the date on which the employee intends to
7769     retire or terminate from state employment.
7770          (21) "Postemployment benefits" means benefits earned by employees that will not be
7771     paid until postemployment, including unused vacation leave, unused converted sick leave, sick
7772     leave payments, and health and life insurance benefits as provided in Section [67-19-14]
7773     63A-17-501.
7774          (22) "Proprietary funds" means those funds or subfunds that show actual financial

7775     position and the results of operations, such as actual assets, liabilities, reserves, fund balances,
7776     revenues, and expenses.
7777          (23) "Restricted revenue" means revenue that is required by law to be expended only:
7778          (a) for specified activities; and
7779          (b) to the amount of the legislative appropriation.
7780          (24) "Revenue" means the increase in ownership equity during a designated period of
7781     time that is recognized as earned.
7782          (25) "Subfund" means a restricted account, established within an independent fund,
7783     that has a self-balancing set of accounts to restrict revenues, expenditures, or the fund balance.
7784          (26) "Surplus" means the excess of the assets of a fund over its liabilities and restricted
7785     fund equity.
7786          (27) "Unappropriated surplus" means that portion of the surplus of a given fund that is
7787     not segregated for specific purposes.
7788          (28) "Unrestricted revenue" means revenue of a fund that may be expended by
7789     legislative appropriation for functions authorized in the provisions of law that establish each
7790     fund.
7791          Section 138. Section 52-4-202 is amended to read:
7792          52-4-202. Public notice of meetings -- Emergency meetings.
7793          (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
7794     meeting.
7795          (ii) A specified body shall give not less than 24 hours' public notice of each meeting
7796     that the specified body holds on the capitol hill complex.
7797          (b) The public notice required under Subsection (1)(a) shall include the meeting:
7798          (i) agenda;
7799          (ii) date;
7800          (iii) time; and
7801          (iv) place.
7802          (2) (a) In addition to the requirements under Subsection (1), a public body which holds
7803     regular meetings that are scheduled in advance over the course of a year shall give public
7804     notice at least once each year of its annual meeting schedule as provided in this section.
7805          (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of

7806     the scheduled meetings.
7807          (3) (a) A public body or specified body satisfies a requirement for public notice by:
7808          (i) posting written notice:
7809          (A) except for an electronic meeting held without an anchor location under Subsection
7810     52-4-207(4), at the principal office of the public body or specified body, or if no principal
7811     office exists, at the building where the meeting is to be held; and
7812          (B) on the Utah Public Notice Website created under Section [63F-1-701] 63A-16-601;
7813     and
7814          (ii) providing notice to:
7815          (A) at least one newspaper of general circulation within the geographic jurisdiction of
7816     the public body; or
7817          (B) a local media correspondent.
7818          (b) A public body or specified body is in compliance with the provisions of Subsection
7819     (3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
7820     of Subsection [63F-1-701] 63A-16-601(4)(d).
7821          (c) A public body whose limited resources make compliance with Subsection
7822     (3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
7823     Section 63A-12-101, to provide technical assistance to help the public body in its effort to
7824     comply.
7825          (4) A public body and a specified body are encouraged to develop and use additional
7826     electronic means to provide notice of their meetings under Subsection (3).
7827          (5) (a) The notice requirement of Subsection (1) may be disregarded if:
7828          (i) because of unforeseen circumstances it is necessary for a public body or specified
7829     body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
7830          (ii) the public body or specified body gives the best notice practicable of:
7831          (A) the time and place of the emergency meeting; and
7832          (B) the topics to be considered at the emergency meeting.
7833          (b) An emergency meeting of a public body may not be held unless:
7834          (i) an attempt has been made to notify all the members of the public body; and
7835          (ii) a majority of the members of the public body approve the meeting.
7836          (6) (a) A public notice that is required to include an agenda under Subsection (1) shall

7837     provide reasonable specificity to notify the public as to the topics to be considered at the
7838     meeting. Each topic shall be listed under an agenda item on the meeting agenda.
7839          (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
7840     member of the public body, a topic raised by the public may be discussed during an open
7841     meeting, even if the topic raised by the public was not included in the agenda or advance public
7842     notice for the meeting.
7843          (c) Except as provided in Subsection (5), relating to emergency meetings, a public
7844     body may not take final action on a topic in an open meeting unless the topic is:
7845          (i) listed under an agenda item as required by Subsection (6)(a); and
7846          (ii) included with the advance public notice required by this section.
7847          (7) Except as provided in this section, this chapter does not apply to a specified body.
7848          Section 139. Section 52-4-203 is amended to read:
7849          52-4-203. Written minutes of open meetings -- Public records -- Recording of
7850     meetings.
7851          (1) Except as provided under Subsection (7), written minutes and a recording shall be
7852     kept of all open meetings.
7853          (2) (a) Written minutes of an open meeting shall include:
7854          (i) the date, time, and place of the meeting;
7855          (ii) the names of members present and absent;
7856          (iii) the substance of all matters proposed, discussed, or decided by the public body
7857     which may include a summary of comments made by members of the public body;
7858          (iv) a record, by individual member, of each vote taken by the public body;
7859          (v) the name of each person who:
7860          (A) is not a member of the public body; and
7861          (B) after being recognized by the presiding member of the public body, provided
7862     testimony or comments to the public body;
7863          (vi) the substance, in brief, of the testimony or comments provided by the public under
7864     Subsection (2)(a)(v); and
7865          (vii) any other information that is a record of the proceedings of the meeting that any
7866     member requests be entered in the minutes or recording.
7867          (b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that

7868     minutes include the substance of matters proposed, discussed, or decided or the substance of
7869     testimony or comments by maintaining a publicly available online version of the minutes that
7870     provides a link to the meeting recording at the place in the recording where the matter is
7871     proposed, discussed, or decided or the testimony or comments provided.
7872          (3) A recording of an open meeting shall:
7873          (a) be a complete and unedited record of all open portions of the meeting from the
7874     commencement of the meeting through adjournment of the meeting; and
7875          (b) be properly labeled or identified with the date, time, and place of the meeting.
7876          (4) (a) As used in this Subsection (4):
7877          (i) "Approved minutes" means written minutes:
7878          (A) of an open meeting; and
7879          (B) that have been approved by the public body that held the open meeting.
7880          (ii) "Electronic information" means information presented or provided in an electronic
7881     format.
7882          (iii) "Pending minutes" means written minutes:
7883          (A) of an open meeting; and
7884          (B) that have been prepared in draft form and are subject to change before being
7885     approved by the public body that held the open meeting.
7886          (iv) "Specified local public body" means a legislative body of a county, city, town, or
7887     metro township.
7888          (v) "State public body" means a public body that is an administrative, advisory,
7889     executive, or legislative body of the state.
7890          (vi) "State website" means the Utah Public Notice Website created under Section
7891     [63F-1-701] 63A-16-601.
7892          (b) Pending minutes, approved minutes, and a recording of a public meeting are public
7893     records under Title 63G, Chapter 2, Government Records Access and Management Act.
7894          (c) Pending minutes shall contain a clear indication that the public body has not yet
7895     approved the minutes or that the minutes are subject to change until the public body approves
7896     them.
7897          (d) A state public body and a specified local public body shall require an individual
7898     who, at an open meeting of the public body, publicly presents or provides electronic

7899     information, relating to an item on the public body's meeting agenda, to provide the public
7900     body, at the time of the meeting, an electronic or hard copy of the electronic information for
7901     inclusion in the public record.
7902          (e) A state public body shall:
7903          (i) make pending minutes available to the public within 30 days after holding the open
7904     meeting that is the subject of the pending minutes;
7905          (ii) within three business days after approving written minutes of an open meeting:
7906          (A) post to the state website a copy of the approved minutes and any public materials
7907     distributed at the meeting;
7908          (B) make the approved minutes and public materials available to the public at the
7909     public body's primary office; and
7910          (C) if the public body provides online minutes under Subsection (2)(b), post approved
7911     minutes that comply with Subsection (2)(b) and the public materials on the public body's
7912     website; and
7913          (iii) within three business days after holding an open meeting, post on the state website
7914     an audio recording of the open meeting, or a link to the recording.
7915          (f) A specified local public body shall:
7916          (i) make pending minutes available to the public within 30 days after holding the open
7917     meeting that is the subject of the pending minutes;
7918          (ii) within three business days after approving written minutes of an open meeting, post
7919     and make available a copy of the approved minutes and any public materials distributed at the
7920     meeting, as provided in Subsection (4)(e)(ii); and
7921          (iii) within three business days after holding an open meeting, make an audio recording
7922     of the open meeting available to the public for listening.
7923          (g) A public body that is not a state public body or a specified local public body shall:
7924          (i) make pending minutes available to the public within a reasonable time after holding
7925     the open meeting that is the subject of the pending minutes;
7926          (ii) within three business days after approving written minutes, make the approved
7927     minutes available to the public; and
7928          (iii) within three business days after holding an open meeting, make an audio recording
7929     of the open meeting available to the public for listening.

7930          (h) A public body shall establish and implement procedures for the public body's
7931     approval of the written minutes of each meeting.
7932          (i) Approved minutes of an open meeting are the official record of the meeting.
7933          (5) All or any part of an open meeting may be independently recorded by any person in
7934     attendance if the recording does not interfere with the conduct of the meeting.
7935          (6) The written minutes or recording of an open meeting that are required to be
7936     retained permanently shall be maintained in or converted to a format that meets long-term
7937     records storage requirements.
7938          (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
7939          (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
7940     by the public body; or
7941          (b) an open meeting of a local district under Title 17B, Limited Purpose Local
7942     Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
7943     Special Service District Act, if the district's annual budgeted expenditures for all funds,
7944     excluding capital expenditures and debt service, are $50,000 or less.
7945          Section 140. Section 53-1-203 is amended to read:
7946          53-1-203. Creation of Administrative Services Division -- Appointment of
7947     director -- Qualifications -- Term -- Compensation.
7948          (1) There is created within the department the Administrative Services Division.
7949       &nbs