1     
CONVENTION AND TOURISM BUSINESS ASSESSMENT

2     
AREA ACT

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Robert M. Spendlove

6     
Senate Sponsor: David G. Buxton

7     

8     LONG TITLE
9     General Description:
10          This bill enacts the Convention and Tourism Business Assessment Area Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     allows the legislative body of certain counties to designate a convention and tourism
15     business assessment area to levy an assessment on certain lodging establishments to
16     pay for certain activities that benefit lodging establishments;
17          ▸     establishes requirements for a county legislative body to designate an assessment
18     area, including procedures for filing a petition to designate an assessment area,
19     giving notice of the proposed assessment area, hearing protests, and holding a
20     public meeting to adopt an ordinance or resolution designating the assessment area;
21          ▸     establishes requirements for a county legislative body to amend, renew, or dissolve
22     the assessment area; and
23          ▸     establishes requirements for a person to contest the levying of an assessment or the
24     designation of an assessment area.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:

30     ENACTS:
31          11-42b-101, Utah Code Annotated 1953
32          11-42b-102, Utah Code Annotated 1953
33          11-42b-103, Utah Code Annotated 1953
34          11-42b-104, Utah Code Annotated 1953
35          11-42b-105, Utah Code Annotated 1953
36          11-42b-106, Utah Code Annotated 1953
37          11-42b-107, Utah Code Annotated 1953
38          11-42b-108, Utah Code Annotated 1953
39          11-42b-109, Utah Code Annotated 1953
40          11-42b-110, Utah Code Annotated 1953
41          11-42b-111, Utah Code Annotated 1953
42          11-42b-112, Utah Code Annotated 1953
43          11-42b-113, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 11-42b-101 is enacted to read:
47     
CHAPTER 42b. CONVENTION AND TOURISM BUSINESS ASSESSMENT AREA

48     
ACT

49          11-42b-101. Definitions.
50          As used in this chapter:
51          (1) "Assessment" means the assessment that a specified county levies on benefitted
52     properties under this chapter to pay for beneficial activities.
53          (2) "Assessment area" means a convention and tourism business assessment area
54     designated under this chapter.
55          (3) (a) "Beneficial activity" means any activity or service that increases hotel room
56     rates or occupancy levels at lodging establishments.
57          (b) "Beneficial activity" includes an activity to:

58          (i) promote tourism;
59          (ii) sponsor or incentivize a cultural or sports event, festival, conference, or
60     convention;
61          (iii) facilitate economic or workforce development for the lodging industry, including
62     workforce recruitment or retention; or
63          (iv) promote placemaking, visitor management, or destination enhancement.
64          (4) "Benefitted property" means a lodging establishment that directly or indirectly
65     benefits from a beneficial activity.
66          (5) "Guest" means an individual for whom a lodging establishment provides lodging
67     accommodations for compensation.
68          (6) "Lodging establishment" means the same as that term is defined in Section
69     29-2-102.
70          (7) "Municipality" means a city, town, or metro township.
71          (8) "Owner" means the owner of a benefitted property, or the authorized agent or
72     employee of the owner.
73          (9) "Qualified number of owners" means a number of owners of benefitted properties
74     that represents 60% or more of the total assessment amount levied against all benefitted
75     properties within a proposed or existing assessment area, provided that if an owner of one or
76     more benefitted properties represents 40% or more of the total assessment amount levied
77     against all benefitted properties within a proposed or existing assessment area, no more than
78     40% of the total assessment amount shall be attributed to that owner.
79          (10) "Specified county" means a county of the first or second class.
80          (11) "Third party administrator" means a private nonprofit organization, primarily
81     engaged in destination marketing and promotion, that enters into a contract with a specified
82     county to provide beneficial activities within an assessment area in accordance with the
83     management plan.
84          Section 2. Section 11-42b-102 is enacted to read:
85          11-42b-102. Designating an assessment area -- Levying and paying an assessment

86     - Requirements and prohibitions.
87          (1) Subject to the requirements of this part, the legislative body of a specified county
88     intending to levy an assessment on benefitted properties to pay for beneficial activities shall
89     adopt an ordinance or resolution designating an assessment area.
90          (2) A specified county that levies an assessment under this chapter for beneficial
91     activities:
92          (a) shall:
93          (i) levy an assessment on each benefitted property within the assessment area;
94          (ii) use an assessment method that, when applied to a benefitted property, reflects an
95     equitable portion of the benefit the benefitted property will receive for the beneficial activities
96     for which the assessment is levied;
97          (iii) levy and collect an assessment in accordance with a management plan that meets
98     the requirements of Subsection 11-42b-103(2)(a); and
99          (iv) contract with a third party administrator to implement beneficial activities within
100     the assessment areas;
101          (b) may:
102          (i) levy an assessment only on lodging establishments located within the geographical
103     boundaries of the specified county;
104          (ii) establish benefit zones that divide the assessment area into multiple types or
105     classifications to:
106          (A) levy a different level of assessment; or
107          (B) use a different assessment method in each classification to reflect more fairly the
108     benefits that property within the different types or classifications is expected to receive because
109     of the proposed beneficial activities;
110          (iii) rely on estimated benefits from an increase in:
111          (A) retail sales rates;
112          (B) customer base;
113          (C) public perception;

114          (D) hotel room rates and occupancy levels;
115          (E) the commercial environment from enhanced services;
116          (F) another articulable method of estimating benefits; or
117          (G) a combination of the methods described in Subsections (2)(b)(iii)(A) through (F);
118     and
119          (iv) may not:
120          (A) include, within an assessment area, any area of land that is included within the
121     geographic boundaries of a municipality unless the legislative body of the municipality adopts
122     an ordinance or resolution consenting to the municipality's inclusion in the assessment area; or
123          (B) levy an assessment for a period longer than 10 years, unless the assessment area is
124     renewed in accordance with Section 11-42b-109.
125          (3) The legislative body of a specified county may not adopt a designation ordinance or
126     resolution under Subsection (1) unless the legislative body:
127          (a) receives a petition that meets the requirements of Section 11-42b-103;
128          (b) gives notice as provided in Section 11-42b-104;
129          (c) receives and considers all protests filed under Section 11-42b-105;
130          (d) holds a public hearing as provided in Section 11-42b-106; and
131          (e) holds a public meeting as provided in Section 11-42b-107.
132          (4) (a) The owner of a benefitted property that pays an assessment under this chapter
133     may place the assessment as a mandatory surcharge on guest receipts.
134          (b) A surcharge under this Subsection (4):
135          (i) shall be disclosed on all information and communication platforms of the benefitted
136     property in the same manner as other surcharges, hotel and occupancy taxes, and sales and use
137     taxes as required by applicable laws and regulations; and
138          (ii) may not:
139          (A) be used to calculate a benefitted property's gross receipts or gross revenues for any
140     purpose, including the calculation of sales revenue, occupancy taxes, or state income taxes; or
141          (B) be considered as part of income pursuant to any lease or operator agreement.

142          (5) The payment of an assessment under this chapter may not be taken as a deduction
143     from income for state income tax purposes.
144          Section 3. Section 11-42b-103 is enacted to read:
145          11-42b-103. Petition to designate assessment area -- Requirements -- Management
146     plan contents.
147          (1) The process for a specified county to designate an assessment area is initiated by
148     the filing of a petition with the legislative body of the specified county.
149          (2) A petition under Subsection (1) shall:
150          (a) include a proposed management plan that:
151          (i) describes:
152          (A) the boundaries and duration of the proposed assessment area;
153          (B) each benefitted property proposed to be assessed;
154          (C) the total estimated amount of assessment to be levied against all benefitted
155     properties for each year an assessment is levied;
156          (D) the method by which the proposed assessment is calculated;
157          (E) the beneficial activities to be paid by assessments for each year an assessment is
158     levied;
159          (F) the total estimated amount of assessment to be expended on beneficial activities for
160     each year an assessment is levied;
161          (G) the proposed source or sources of financing, including the proposed method and
162     basis of levying the assessment in sufficient detail to allow each owner of benefitted property
163     to calculate the amount of the assessment to be levied against the owner's benefitted property;
164          (H) any proposed benefit zones as described in Subsection 11-42b-102(2)(b)(ii); and
165          (I) the interest, penalties, and costs or other requirements of the proposed assessment;
166          (ii) establishes procedures for collecting the proposed assessment;
167          (iii) requires the legislative body to contract with a third party administrator to
168     implement the proposed beneficial activities within the assessment area;
169          (iv) includes a statement regarding the right of a benefitted property to impose a

170     surcharge on guests of the benefitted property as provided in Subsection 11-42b-102(4); and
171          (b) be signed by a qualified number of owners.
172          Section 4. Section 11-42b-104 is enacted to read:
173          11-42b-104. Notice of proposed assessment area -- Requirements.
174          (1) If the legislative body of a specified county receives a petition that meets the
175     requirements of Section 11-42b-103, the legislative body shall give notice of the proposed
176     assessment area.
177          (2) The notice under Subsection (1) shall:
178          (a) include the following information:
179          (i) a statement that the legislative body received a petition to designate an assessment
180     area under Section 11-42b-103;
181          (ii) a statement that the specified county proposes to:
182          (A) designate one or more areas within the specified county's geographic boundaries as
183     an assessment area;
184          (B) contract with a third party administrator to provide beneficial activities within the
185     proposed assessment area; and
186          (C) finance some or all of the cost of providing beneficial activities by an assessment
187     on benefitted properties within the assessment area;
188          (iii) a summary of the contents of the proposed management plan, including the
189     information described in Subsection 11-42b-103(2)(a)(i);
190          (iv) a statement explaining how an individual can access the petition described in
191     Subsection (2)(a), including the contents of the proposed management plan;
192          (v) a statement that contains:
193          (A) the date described in Section 11-42b-105 and the location at which a protest under
194     Section 11-42b-105 may be filed;
195          (B) the method by which the legislative body will determine the number of protests
196     required to defeat the designation of the proposed assessment area or implementation of the
197     proposed beneficial activities, subject to Subsection 11-42b-107(1)(b); and

198          (C) a statement in large, boldface, and conspicuous type explaining that an owner of a
199     benefitted property must protest the designation of the assessment area in writing if the owner
200     objects to the area designation or being assessed for the proposed beneficial activities;
201          (vi) the date, time, and place of the public hearing required in Section 11-42b-106; and
202          (vii) any other information the legislative body considers appropriate;
203          (b) (i) be posted in at least three public places within the specified county's geographic
204     boundaries at least 20 but not more than 35 days before the day of the hearing required in
205     Section 11-42b-106; and
206          (ii) be published on the Utah Public Notice Website described in Section 63A-16-601
207     for four weeks before the deadline for filing protests specified in the notice under Subsection
208     (2)(a)(v); and
209          (c) be mailed, postage prepaid, within 10 days after the first publication or posting of
210     the notice under Subsection (2)(b) to each owner of benefitted property within the proposed
211     assessment area at the owner's mailing address.
212          (3) (a) The legislative body may record the version of the notice that is published or
213     posted in accordance with Subsection (2)(b) with the office of the county recorder.
214          (b) The notice recorded under Subsection (3)(a) expires and is no longer valid one year
215     after the day on which the legislative body records the notice if the legislative body has failed
216     to adopt the designation ordinance or resolution under Section 11-42b-102 designating the
217     assessment area for which the notice was recorded.
218          Section 5. Section 11-42b-105 is enacted to read:
219          11-42b-105. Protests.
220          (1) An owner of a benefitted property that is proposed to be assessed and who does not
221     want the benefitted property to be included in the assessment area may, within 30 days after the
222     day of the hearing described in Section 11-42b-106, file a written protest with the legislative
223     body:
224          (a) against:
225          (i) the designation of an assessment area;

226          (ii) the inclusion of the owner's benefitted property in the proposed assessment area; or
227          (iii) the proposed beneficial activities to be implemented; or
228          (b) protesting:
229          (i) whether the assessment meets the requirements of Section 11-42b-102; or
230          (ii) any other aspect of the proposed designation of an assessment area.
231          (2) Each protest under Subsection (1) shall:
232          (a) describe or otherwise identify the benefitted property owned by the person filing the
233     protest; and
234          (b) include the signature of the owner of the benefitted property.
235          (3) An owner subject to assessment may withdraw a protest at any time before the
236     expiration of the 30-day period described in Subsection (1) by filing a written withdrawal with
237     the legislative body.
238          (4) If the legislative body intends to assess benefitted properties within the proposed
239     assessment area by establishing benefit zones, as described in Subsection 11-42b-102(2)(b)(ii),
240     and the legislative body has clearly noticed the legislative body's intent, the legislative body
241     shall:
242          (a) in determining whether adequate protests have been filed, aggregate the protests by
243     the type of beneficial activity or by classification; and
244          (b) apply to and calculate for each type of beneficial activity or classification the
245     threshold requirements of adequate protests.
246          (5) The failure of an owner of a benefitted property within the proposed assessment
247     area to file a timely written protest constitutes a waiver of any objection to:
248          (a) the designation of the assessment area;
249          (b) any beneficial activity to be implemented within the assessment area;
250          (c) the inclusion of the owner's benefitted property within the assessment area; and
251          (d) the fact, but not amount, of benefit to the owner's benefitted property.
252          (6) The legislative body shall post the total and percentage of the written protests the
253     legislative body receives under this section on the legislative body's website, or, if no website is

254     available, at the legislative body's place of business at least five days before the public meeting
255     described in Section 11-42b-106.
256          Section 6. Section 11-42b-106 is enacted to read:
257          11-42b-106. Public hearing.
258          (1) On the date and at the time and place specified in the notice under Section
259     11-42b-104, the legislative body shall hold a public hearing.
260          (2) (a) The legislative body:
261          (i) subject to Subsection (2)(a)(ii), may continue the public hearing from time to time
262     to a fixed future date and time; and
263          (ii) may not hold a public hearing that is a continuance less than five days before the
264     deadline for filing protests described in Section 11-42b-105.
265          (b) The continuance of a public hearing does not restart or extend the protest period
266     described in Subsection 11-42b-105.
267          (3) At the public hearing, the legislative body shall hear all:
268          (a) objections to the designation of the proposed assessment area or the beneficial
269     activities proposed to be implemented within the assessment area;
270          (b) objections to whether the assessment will meet the requirements of Section
271     11-42b-102; and
272          (c) persons desiring to be heard.
273          Section 7. Section 11-42b-107 is enacted to read:
274          11-42b-107. Public meeting -- Adoption of ordinance or resolution regarding
275     proposed assessment area -- Limitations.
276          (1) (a) After holding a public hearing under Section 11-42b-106 and within 90 days
277     after the day that the protest period expires in accordance with Section 11-42b-105, the
278     legislative body shall:
279          (i) count the written protests filed or withdrawn in accordance with Section 11-42b-105
280     and calculate whether adequate protests have been filed; and
281          (ii) hold a public meeting to announce the protest tally and whether adequate protests

282     have been filed.
283          (b) Adequate protests are filed under Subsection (1)(a) if protests have been filed by a
284     qualified number of owners.
285          (c) If adequate protests are not filed, the legislative body at the public meeting may
286     adopt a resolution or ordinance:
287          (i) abandoning the proposal to designate an assessment area; or
288          (ii) (A) designating an assessment area; and
289          (B) approving a management plan as proposed under Section 11-42b-103, or with
290     changes under Subsection (1)(e).
291          (d) If adequate protests are filed, the legislative body at the public meeting:
292          (i) may not adopt a resolution or ordinance designating the assessment area; and
293          (ii) may adopt a resolution or ordinance to abandon the proposal to designate the
294     assessment area.
295          (e) In the absence of adequate protests upon the expiration of the protest period and
296     subject to Subsection (1)(e)(ii), the legislative body may make changes to:
297          (i) a beneficial activity proposed for implementation under the proposed management
298     plan; or
299          (ii) the area or areas proposed to be included within the assessment area under the
300     proposed management plan.
301          (2) A legislative body may not make a change in accordance with Subsection (1)(e)(i)
302     if the change would result in:
303          (a) a change in the nature of a beneficial activity or reduction in the estimated amount
304     of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in
305     the proposed management plan;
306          (b) an estimated total assessment to any benefitted business within the assessment area
307     that exceeds the estimate described in the proposed management plan; or
308          (c) a financing term that extends beyond the estimated term of financing under the
309     proposed management plan.

310          (3) After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii),
311     the legislative body may contract with a third party administrator to provide beneficial
312     activities within the assessment area.
313          Section 8. Section 11-42b-108 is enacted to read:
314          11-42b-108. Amendments to management plan -- Procedure -- Notice
315     requirements.
316          (1) After the legislative body adopts an ordinance or resolution approving a
317     management plan as provided in Subsection 11-42b-108(1)(c)(ii) and contracts with a third
318     party administrator to provide beneficial activities within the assessment area, the legislative
319     body may amend the management plan if:
320          (a) the third party administrator submits to the legislative body a written request for
321     amendments;
322          (b) subject to Subsection (2), the legislative body gives notice of the proposed
323     amendments;
324          (c) the legislative body holds a public meeting no more than 90 days after the day on
325     which the legislative body gives notice under Subsection (1)(b); and
326          (d) at the public meeting described in Subsection (1)(c), the legislative body adopts an
327     ordinance or resolution approving the amendments to the management plan.
328          (2) The notice described in Subsection (1)(b) shall:
329          (a) describe the proposed amendments to the management plan;
330          (b) state the date, time, and place of the public meeting described in Subsection (1)(c);
331     and
332          (c) (i) be posted in at least three public places within the specified county's geographic
333     boundaries at least 20 but not more than 35 days before the day of the public meeting described
334     in Subsection (1)(c); and
335          (ii) be published on the Utah Public Notice Website described in Section 63A-16-601
336     for four weeks before the public meeting described in Subsection (1)(c); and
337          (d) be mailed, postage prepaid, within 10 days after the first publication or posting of

338     the notice under Subsection (2)(c) to each owner of benefitted property within the assessment
339     area at the owner's mailing address.
340          Section 9. Section 11-42b-109 is enacted to read:
341          11-42b-109. Renewal of assessment area designation -- Procedure -- Disposition of
342     previous revenues.
343          (1) Upon the expiration of an assessment area, the legislative body may, for a period
344     not to exceed 10 years, renew the assessment area as provided in this section.
345          (2) (a) If there are no changes to the management plan or the designation of the third
346     party administrator, the legislative body may not renew the assessment area unless:
347          (i) subject to Subsection (2)(c), the legislative body gives notice of the proposed
348     renewal;
349          (ii) the legislative body holds a public meeting no more than 90 days after the day on
350     which the legislative body gives notice under Subsection (2)(a)(i); and
351          (iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts
352     an ordinance or resolution renewing the assessment area designation.
353          (b) If there are changes to the management plan or the designation of the third party
354     administrator, the legislative body may not renew the assessment area unless the legislative
355     body:
356          (i) gives notice of the proposed renewal in accordance with Section 11-42b-104;
357          (ii) receives and considers all protests filed under Section 11-42b-105;
358          (iii) holds a public hearing as provided in Section 11-42b-106;
359          (iv) holds a public meeting as provided in Section 11-42b-107; and
360          (v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or
361     resolution renewing the assessment area.
362          (c) The notice described in Subsection (2)(a)(i) shall:
363          (i) state:
364          (A) that the legislative body proposes to renew the assessment area with no changes;
365     and

366          (B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii);
367          (ii) (A) be posted in at least three public places within the specified county's
368     geographic boundaries at least 20 but not more than 35 days before the day of the public
369     meeting described in Subsection (2)(a)(ii); and
370          (B) be published on the Utah Public Notice Website described in Section 63A-16-601
371     for four weeks before the public meeting described in Subsection (2)(a)(ii); and
372          (iii) be mailed, postage prepaid, within 10 days after the first publication or posting of
373     the notice under Subsection (2)(c)(ii) to each owner of benefitted property within the
374     assessment area at the owner's mailing address.
375          (3) (a) Upon renewal of an assessment area, any remaining revenues derived from the
376     levy of assessments, or any revenues derived from the sale of assets acquired with the revenues,
377     shall be transferred to the renewed assessment area.
378          (b) If the renewed assessment area includes a benefitted property that was not included
379     in the previous assessment area, the third party administrator may only expend revenues
380     described in Subsection (3)(a) on benefitted properties that were included in the previous
381     assessment area.
382          (c) If the renewed assessment area does not include a benefitted property that was
383     included in the previous assessment area, the third party administrator shall refund to the owner
384     of the benefitted property the revenues described in Subsection (3)(a) attributable to the
385     benefitted property.
386          Section 10. Section 11-42b-110 is enacted to read:
387          11-42b-110. Dissolution of assessment area -- Procedure -- Disposition of
388     revenues.
389          (1) The legislative body may dissolve an assessment area before the assessment area
390     expires as provided in this section.
391          (2) The legislative body may not dissolve an assessment area under Subsection (1)
392     unless:
393          (a) (i) the legislative body determines there has been a misappropriation of funds,

394     malfeasance, or a violation of law in connection with the management of the assessment area;
395     or
396          (ii) a petition to dissolve the assessment area:
397          (A) is signed by a qualified number of owners; and
398          (B) is submitted to the legislative body within the period described in Subsection (3);
399          (b) subject to Subsection (4), the legislative body gives notice of the proposed
400     dissolution;
401          (c) the legislative body holds a public meeting; and
402          (d) at the public meeting described in Subsection (2)(c), the legislative body adopts an
403     ordinance or resolution dissolving the assessment area.
404          (3) The owners of benefitted properties may submit to the legislative body a petition
405     described in Subsection (2)(a)(ii):
406          (a) within a 30-day period that begins after the day on which the assessment area is
407     designated by ordinance or resolution under Section 11-42b-107; or
408          (b) within the same 30-day period during each subsequent year in which the assessment
409     area exists.
410          (4) The notice described in Subsection (2)(b) shall:
411          (a) state:
412          (i) the reasons for the proposed dissolution; and
413          (ii) the date, time, and place of the public meeting described in Subsection (2)(c);
414          (b) (i) be posted in at least three public places within the specified county's geographic
415     boundaries at least 20 but not more than 35 days before the day of the public meeting described
416     in Subsection (2)(c); and
417          (ii) be published on the Utah Public Notice Website described in Section 63A-16-601
418     for four weeks before the public meeting described in Subsection (2)(c); and
419          (c) be mailed, postage prepaid, within 10 days after the first publication or posting of
420     the notice under Subsection (4)(b) to each owner of benefitted property within the assessment
421     area at the owner's mailing address.

422          (5) Upon the dissolution of an assessment area, the third party administrator shall
423     return to the owner of each benefitted property any remaining revenues attributable to the
424     benefitted property.
425          Section 11. Section 11-42b-111 is enacted to read:
426          11-42b-111. Action to contest assessment or proceeding.
427          (1) A person who contests an assessment or any proceeding to designate an assessment
428     area may commence a civil action against the specified county to:
429          (a) set aside a proceeding to designate an assessment area; or
430          (b) enjoin the levy or collection of an assessment.
431          (2) A person bringing an action under Subsection (1) shall bring the action in the
432     district court with jurisdiction in the specified county.
433          (3) (a) Except as provided in Subsection (3)(b), a person may not begin the action
434     against or serve a summons relating to the action on the specified county more than 30 days
435     after:
436          (i) the effective date of the designation ordinance or resolution adopted under Section
437     11-42b-107, if the action relates to the designation of an assessment area or the levying of an
438     assessment; or
439          (ii) the effective date of the ordinance or resolution adopted under Section 11-42b-108,
440     if the action relates to the levying of an assessment under an amended management plan.
441          (b) If each benefitted property within an assessment area consents to the designation of
442     the assessment area and the levying of an assessment, or if each benefitted property within an
443     assessment area consents to the amendments to the management plan, as applicable, a person
444     may not bring an action against or serve a summons relating to the action on the specified
445     county more than 15 days after:
446          (i) the effective date of the designation ordinance or resolution adopted under Section
447     11-42b-107, if the action relates to the designation of an assessment area or the levying of an
448     assessment; or
449          (ii) the effective date of the ordinance or resolution adopted under Section 11-42b-108,

450     if the action relates to the levying of an assessment under an amended management plan.
451          (4) An action under Subsection (1) is the exclusive remedy of a person who contests an
452     assessment or any proceeding to designate an assessment area.
453          (5) A court may not set aside, in part or in whole or declare invalid an assessment, a
454     proceeding to designate an assessment area, or a proceeding to levy an assessment that meets
455     the requirements of Section 11-42b-102 because of an error or irregularity that does not relate
456     to the equity or justice of the assessment or proceeding.
457          (6) (a) A person may bring a claim of misuse of assessment funds through a mandamus
458     action regardless of the expiration of the period for bringing an action under Subsection (3).
459          (b) This section does not prohibit the filing of criminal charges against or the
460     prosecution of a party for the misuse of assessment funds.
461          Section 12. Section 11-42b-112 is enacted to read:
462          11-42b-112. No limitation on other county powers.
463          (1) This chapter does not limit a power that a specified county has under other
464     applicable law to:
465          (a) make an improvement or provide a service;
466          (b) create a district;
467          (c) levy an assessment or tax; or
468          (d) issue a bond or a refunding bond.
469          (2) If there is a conflict between a provision of this chapter and any other statutory
470     provision, the provision of this chapter governs.
471          Section 13. Section 11-42b-113 is enacted to read:
472          11-42b-113. Severability.
473          A court's invalidation of any provision of this chapter does not affect the validity of any
474     other provision of this chapter.