This document includes Conference Committee Amendments incorporated into the bill on Thu, Feb 23, 2023 at 3:09 PM by pflowers.
Representative Norman K Thurston proposes the following substitute bill:


1     
PUBLIC NOTICE REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: Norman K Thurston

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to providing public notices.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates classifications for types of public notices where each classification requires
14     notice to be provided in specific ways;
15          ▸     amends public notice provisions to implement the new classification system; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          4-17-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
24          4-25-201, as renumbered and amended by Laws of Utah 2017, Chapter 345
25          4-25-401, as renumbered and amended by Laws of Utah 2017, Chapter 345

26          4-30-106, as last amended by Laws of Utah 2021, Chapters 84, 345
27          7-1-706, as last amended by Laws of Utah 2021, Chapters 84, 345
28          7-2-6, as last amended by Laws of Utah 2015, Chapter 258
29          8-5-6, as last amended by Laws of Utah 2021, Chapter 355
30          9-8-805, as last amended by Laws of Utah 2019, Chapter 221
31          10-2-406, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
32          10-2-407, as last amended by Laws of Utah 2022, Chapter 355
33          10-2-415, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
34          10-2-418, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
35          10-2-419, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
36          10-2-501, as last amended by Laws of Utah 2022, Chapter 355
37          10-2-502.5, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
38          10-2-607, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
39          10-2-703, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
40          10-2-708, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
41          10-2a-207, as last amended by Laws of Utah 2021, Chapters 84, 112, 345, and 355
42          10-2a-210, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
43          10-2a-213, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
44          10-2a-214, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
45          10-2a-215, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
46          10-2a-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
47          10-2a-405, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
48          10-2a-410, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
49          10-3-301, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
50          10-3-711, as last amended by Laws of Utah 2021, Chapter 355
51          10-3-818, as last amended by Laws of Utah 2021, Chapters 84, 345
52          10-3c-204, as last amended by Laws of Utah 2021, Chapter 210 and last amended by
53     Coordination Clause, Laws of Utah 2021, Chapter 367
54          10-5-107.5, as last amended by Laws of Utah 2021, Chapters 84, 345
55          10-5-108, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
56          10-6-113, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355

57          10-6-135.5, as last amended by Laws of Utah 2021, Chapters 84, 345
58          10-6-152, as last amended by Laws of Utah 2021, Chapter 355
59          10-7-16, as last amended by Laws of Utah 2021, Chapter 355
60          10-7-19, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
61          10-8-2, as last amended by Laws of Utah 2022, Chapter 307
62          10-8-15, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
63          10-9a-203, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
64          10-9a-204, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
65          10-9a-205, as last amended by Laws of Utah 2022, Chapter 355
66          10-9a-208, as last amended by Laws of Utah 2021, Chapters 84, 345
67          10-18-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
68          10-18-302, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
69          10-18-303, as last amended by Laws of Utah 2021, Chapter 355
70          11-13-204, as last amended by Laws of Utah 2021, Chapters 84, 345
71          11-13-219, as last amended by Laws of Utah 2021, Chapter 355
72          11-13-509, as last amended by Laws of Utah 2021, Chapters 84, 345
73          11-14-202, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
74          11-14-315, as last amended by Laws of Utah 2021, Chapter 355
75          11-14-316, as last amended by Laws of Utah 2013, Chapter 107
76          11-14-318, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
77          11-14a-1, as last amended by Laws of Utah 2021, Chapter 355
78          11-17-16, as last amended by Laws of Utah 2011, Chapter 145
79          11-27-4, as last amended by Laws of Utah 2011, Chapter 145
80          11-27-5, as last amended by Laws of Utah 2010, Chapter 378
81          11-30-5, as last amended by Laws of Utah 2021, Chapter 355
82          11-32-10, as last amended by Laws of Utah 2009, Chapter 388
83          11-32-11, as last amended by Laws of Utah 2009, Chapter 388
84          11-36a-501, as last amended by Laws of Utah 2021, Chapters 84, 344
85          11-36a-503, as last amended by Laws of Utah 2021, Chapters 84, 345
86          11-36a-504, as last amended by Laws of Utah 2021, Chapters 84, 345
87          11-39-103, as last amended by Laws of Utah 2021, Chapter 355

88          11-42-202, as last amended by Laws of Utah 2021, Chapters 84, 345, 355, and 415
89          11-42-301, as last amended by Laws of Utah 2021, Chapter 355
90          11-42-402, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
91          11-42-404, as last amended by Laws of Utah 2021, Chapter 355
92          11-42-604, as last amended by Laws of Utah 2014, Chapter 189
93          11-42a-201, as last amended by Laws of Utah 2021, Chapter 355
94          11-42b-104, as enacted by Laws of Utah 2022, Chapter 376
95          11-42b-108, as enacted by Laws of Utah 2022, Chapter 376
96          11-42b-109, as enacted by Laws of Utah 2022, Chapter 376
97          11-42b-110, as enacted by Laws of Utah 2022, Chapter 376
98          11-58-502, as last amended by Laws of Utah 2021, Chapters 84, 345
99          11-58-503, as last amended by Laws of Utah 2021, Chapters 162, 345
100          11-58-701, as last amended by Laws of Utah 2022, Chapter 207
101          11-58-901, as last amended by Laws of Utah 2021, Chapter 282
102          11-59-501, as last amended by Laws of Utah 2021, Chapter 282
103          11-65-204, as enacted by Laws of Utah 2022, Chapter 59
104          11-65-402, as enacted by Laws of Utah 2022, Chapter 59
105          11-65-601, as enacted by Laws of Utah 2022, Chapter 59
106          17-27a-203, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
107          17-27a-204, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
108          17-27a-205, as last amended by Laws of Utah 2022, Chapter 355
109          17-27a-208, as last amended by Laws of Utah 2021, Chapters 84, 345
110          17-27a-306, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
111          17-27a-404, as last amended by Laws of Utah 2022, Chapters 282, 406
112          17-36-12, as last amended by Laws of Utah 2021, Chapters 84, 345
113          17-36-26, as last amended by Laws of Utah 2021, Chapters 84, 345
114          17-41-302, as last amended by Laws of Utah 2021, Chapter 355
115          17-41-304, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
116          17-41-405, as last amended by Laws of Utah 2022, Chapter 274
117          17-50-303, as last amended by Laws of Utah 2021, Chapters 84, 345
118          17B-1-106, as last amended by Laws of Utah 2021, Chapters 84, 162, 345, and 382

119          17B-1-111, as last amended by Laws of Utah 2021, Chapter 355
120          17B-1-211, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
121          17B-1-304, as last amended by Laws of Utah 2022, Chapter 381
122          17B-1-306, as last amended by Laws of Utah 2022, Chapters 18, 381
123          17B-1-313, as last amended by Laws of Utah 2021, Chapter 355
124          17B-1-413, as last amended by Laws of Utah 2021, Chapters 84, 345
125          17B-1-417, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
126          17B-1-505.5, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
127          17B-1-608, as last amended by Laws of Utah 2022, Chapter 330
128          17B-1-609, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
129          17B-1-643, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
130          17B-1-1204, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
131          17B-1-1307, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
132          17B-2a-705, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
133          17B-2a-1007, as last amended by Laws of Utah 2021, Chapter 355
134          17B-2a-1110, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
135          17C-1-207, as last amended by Laws of Utah 2021, Chapters 84, 345
136          17C-1-601.5, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
137          17C-1-701.5, as last amended by Laws of Utah 2021, Chapter 355
138          17C-1-804, as last amended by Laws of Utah 2021, Chapters 84, 345
139          17C-1-806, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
140          17C-1-1003, as enacted by Laws of Utah 2021, Chapter 214
141          17C-2-108, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
142          17C-3-107, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
143          17C-4-106, as last amended by Laws of Utah 2021, Chapter 355
144          17C-4-109, as last amended by Laws of Utah 2021, Chapters 84, 345
145          17C-4-202, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
146          17C-5-110, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
147          17C-5-113, as last amended by Laws of Utah 2021, Chapters 84, 345
148          17C-5-205, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
149          17D-3-305, as last amended by Laws of Utah 2021, Chapters 84, 345

150          19-2-109, as last amended by Laws of Utah 2021, Chapters 84, 345
151          20A-1-206, as last amended by Laws of Utah 2022, Chapter 167
152          20A-1-512, as last amended by Laws of Utah 2021, Chapters 77, 84 and 345
153          20A-3a-604, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
154          20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
155          20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
156          20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
157          20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156
158          20A-5-405, as last amended by Laws of Utah 2022, Chapter 170
159          20A-7-103, as last amended by Laws of Utah 2022, Chapters 170, 325
160          20A-7-204.1, as last amended by Laws of Utah 2021, Chapters 84, 345
161          20A-7-402, as last amended by Laws of Utah 2021, Chapters 84, 345
162          20A-9-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
163          26-8a-405.3, as last amended by Laws of Utah 2021, Chapter 355
164          26-61a-303, as last amended by Laws of Utah 2022, Chapters 290, 415
165          52-4-202, as last amended by Laws of Utah 2021, Chapters 84, 345
166          52-4-302, as last amended by Laws of Utah 2012, Chapter 403
167          53B-7-101.5, as last amended by Laws of Utah 2021, Chapters 84, 345
168          53E-4-202, as last amended by Laws of Utah 2022, Chapter 377
169          53G-3-204, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
170          53G-4-204, as last amended by Laws of Utah 2021, Chapters 84, 345
171          53G-4-402, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
172          53G-5-504, as last amended by Laws of Utah 2021, Chapters 84, 345
173          54-8-10, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
174          54-8-16, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
175          54-8-23, as last amended by Laws of Utah 2021, Chapter 355
176          57-11-11, as last amended by Laws of Utah 2021, Chapters 84, 345
177          57-13a-104, as last amended by Laws of Utah 2022, Chapter 274
178          59-2-919, as last amended by Laws of Utah 2021, Chapters 84, 345
179          59-2-919.2, as last amended by Laws of Utah 2021, Chapters 84, 345
180          59-12-402, as last amended by Laws of Utah 2021, Chapter 355

181          59-12-1102, as last amended by Laws of Utah 2021, Chapters 84, 345
182          59-12-2208, as last amended by Laws of Utah 2021, Chapter 355
183          62A-5-202.5, as last amended by Laws of Utah 2021, Chapter 355
184          63A-5b-305, as last amended by Laws of Utah 2021, Chapter 355
185          63A-16-602, as renumbered and amended by Laws of Utah 2021, Chapters 84, 344 and
186     last amended by Coordination Clause, Laws of Utah 2021, Chapter 344
187          63H-1-202, as last amended by Laws of Utah 2022, Chapters 274, 463
188          63H-1-701, as last amended by Laws of Utah 2022, Chapter 463
189          67-3-13, as enacted by Laws of Utah 2021, Chapter 155
190          72-3-108, as last amended by Laws of Utah 2021, Chapters 84, 345
191          72-5-105, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
192          72-6-108, as last amended by Laws of Utah 2021, Chapter 355
193          73-5-14, as last amended by Laws of Utah 2021, Chapters 84, 345
194          73-10-32, as last amended by Laws of Utah 2022, Chapter 90
195          75-1-401, as last amended by Laws of Utah 2021, Chapters 84, 345
196          76-8-809, as last amended by Laws of Utah 2021, Chapter 355
197          78A-7-202, as last amended by Laws of Utah 2022, Chapter 276
198     ENACTS:
199          63G-28-101, Utah Code Annotated 1953
200          63G-28-102, Utah Code Annotated 1953
201     

202     Be it enacted by the Legislature of the state of Utah:
203          Section 1. Section 4-17-109 is amended to read:
204          4-17-109. Notice of noxious weeds to be published annually in county -- Notice to
205     particular property owners to control noxious weeds -- Methods of prevention or control
206     specified -- Failure to control noxious weeds considered public nuisance.
207          (1) Each county weed control board before May 1 of each year shall post a general
208     notice of the noxious weeds within the county [in at least three public places within the county]
209     and publish the [same] notice [on]:
210          (a) [at least three occasions in a newspaper or other publication of general circulation
211     within] for the county, as a class A notice under Section 63G-28-102, for at least seven days;

212     and
213          (b) as required in Section 45-1-101.
214          (2) (a) If the county weed control board determines that particular property within the
215     county requires prompt and definite attention to prevent or control noxious weeds, the county
216     weed control board shall serve the owner or the person in possession of the property, personally
217     or by certified mail, a notice specifying when and what action is required to be taken on the
218     property.
219          (b) Methods of prevention or control may include definite systems of tillage, cropping,
220     use of chemicals, and use of livestock.
221          (3) An owner or person in possession of property who fails to take action to control or
222     prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
223          Section 2. Section 4-25-201 is amended to read:
224          4-25-201. Possession of estrays -- Determination and location of owner -- Sale --
225     Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
226          (1) (a) Except as provided in Section 4-25-202, a county shall:
227          (i) take physical possession of an estray the county finds within county boundaries;
228          (ii) attempt to determine the name and location of the estray's owner; and
229          (iii) contact the local brand inspector.
230          (b) The department shall assist a county that requests its help in determining the name
231     and location of the owner or other person responsible for the estray.
232          (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform
233     Unclaimed Property Act, if the county cannot determine the estray's owner, or, if having
234     determined ownership, neither the county nor the department is able to locate the owner within
235     a reasonable period of time, the estray shall be sold at a livestock or other appropriate market.
236          (ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in
237     Subsection (1)(c)(iii), shall be paid to the county selling the estray.
238          (iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may
239     deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
240          (2) A county shall publish notice of the sale of an estray[:(a) at least once 10 days
241     before the date of the sale; and(b) through electronic means or in a publication with general
242     circulation] within the county where the estray was taken into custody, as a class A notice

243     under Section 63G-28-102, for at least 10 days before the date of the sale.
244          (3) A purchaser of an estray sold under this section shall receive title to the estray free
245     and clear of all claims of the estray's owner and a person claiming title through the owner.
246          (4) A county that complies with the provisions of this section is immune from liability
247     for the sale of an estray sold at a livestock or other appropriate market.
248          (5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a
249     licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the
250     estray's physical condition prevents the estray from being sold.
251          Section 3. Section 4-25-401 is amended to read:
252          4-25-401. Impounded livestock -- Determination and location of owner -- Sale --
253     Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
254          (1) As used in this section, "impounded livestock" means the following animals seized
255     and retained in legal custody:
256          (a) cattle;
257          (b) calves;
258          (c) horses;
259          (d) mules;
260          (e) sheep;
261          (f) goats;
262          (g) hogs; or
263          (h) domesticated elk.
264          (2) (a) A county may:
265          (i) take physical possession of impounded livestock seized and retained within its
266     boundaries; and
267          (ii) attempt to determine the name and location of the impounded livestock's owner.
268          (b) The department shall assist a county who requests help in locating the name and
269     location of the owner or other person responsible for the impounded livestock.
270          (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform
271     Unclaimed Property Act, if the county cannot determine ownership of the impounded livestock,
272     or, if having determined ownership, neither the county nor the department is able to locate the
273     owner within a reasonable period of time, the impounded livestock shall be sold at a livestock

274     or other appropriate market.
275          (ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in
276     Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution,
277     Article X, Section 5, Subsection (1).
278          (iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may
279     deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
280          (3) A county shall publish the intended sale of the impounded livestock[:(a) at least 10
281     days before the date of sale; and(b) through electronic means or in a publication with general
282     circulation] within the county where the impounded livestock was taken into custody, as a class
283     A notice under Section 63G-28-102, for at least 10 days before the date of the sale.
284          (4) A purchaser of impounded livestock sold under this section shall receive title to the
285     impounded livestock free and clear of all claims of the livestock's owner or a person claiming
286     title through the owner.
287          (5) If a county complies with the provisions of this section, the county is immune from
288     liability for the sale of impounded livestock sold at a livestock or other appropriate market.
289          (6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a
290     licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian
291     determines that the impounded livestock's physical condition prevents the impounded livestock
292     from being sold.
293          Section 4. Section 4-30-106 is amended to read:
294          4-30-106. Hearing on license application -- Notice of hearing.
295          (1) Upon the filing of an application, the department shall set a time for hearing on the
296     application in the city or town nearest the proposed site of the livestock market and cause
297     notice of the time and place of the hearing together with a copy of the application to be
298     forwarded by mail, not less than 15 days before the hearing date, to the following:
299          (a) each licensed livestock market operator within the state; and
300          (b) each livestock or other interested association or group of persons in the state that
301     has filed written notice with the department requesting receipt of notice of such hearings.
302          (2) Notice of the hearing shall be published for 14 days before the scheduled hearing
303     date[:], as a class A notice under Section 63G-28-102, for the city or town where the hearing is
304     scheduled.

305          [(a) in a daily or weekly newspaper of general circulation within the city or town where
306     the hearing is scheduled; and]
307          [(b) on the Utah Public Notice Website created in Section 63A-16-601.]
308          Section 5. Section 7-1-706 is amended to read:
309          7-1-706. Application to commissioner to exercise power -- Procedure -- Notice.
310          (1) Except as provided in Sections 7-1-704 and 7-1-705, by filing a request for agency
311     action with the commissioner, any person may request the commissioner to:
312          (a) issue any rule or order;
313          (b) exercise any powers granted to the commissioner under this title; or
314          (c) act on any matter that is subject to the approval of the commissioner.
315          (2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
316     expense, cause a supervisor to make a careful investigation of the facts relevant or material to
317     the request.
318          (3) (a) The supervisor shall submit written findings and recommendations to the
319     commissioner.
320          (b) The application, any additional information furnished by the applicant, and the
321     findings and recommendations of the supervisor may be inspected by any person at the office
322     of the commissioner, except those portions of the application or report that the commissioner
323     designates as confidential to prevent a clearly unwarranted invasion of privacy.
324          (4) (a) If a hearing is held concerning the request, the commissioner shall publish
325     notice of the hearing, at the applicant's expense[:], for the county where the applicant is
326     located, as a class A notice under Section 63G-28-102, for three weeks before the date of the
327     hearing.
328          [(i) in a newspaper of general circulation within the county where the applicant is
329     located at least once a week for three successive weeks before the date of the hearing; and]
330          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
331     before the date of the hearing.]
332          (b) The notice required by Subsection (4)(a) shall include the information required by
333     the department's rules.
334          (c) The commissioner shall act upon the request within 30 days after the close of the
335     hearing, based on the record before the commissioner.

336          (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
337     within 90 days of receipt of the request based on:
338          (i) the application;
339          (ii) additional information filed with the commissioner; and
340          (iii) the findings and recommendations of the supervisor.
341          (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
342     and an order, and shall mail a copy of each to:
343          (i) the applicant;
344          (ii) all persons who have filed protests to the granting of the application; and
345          (iii) other persons that the commissioner considers should receive copies.
346          (6) The commissioner may impose any conditions or limitations on the approval or
347     disapproval of a request that the commissioner considers proper to:
348          (a) protect the interest of creditors, depositors, and other customers of an institution;
349          (b) protect its shareholders or members; and
350          (c) carry out the purposes of this title.
351          Section 6. Section 7-2-6 is amended to read:
352          7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
353     disallowance of claims -- Objections to claims.
354          (1) (a) Possession of an institution by the commissioner commences when notice of
355     taking possession is:
356          (i) posted in each office of the institution located in this state; or
357          (ii) delivered to a controlling person or officer of the institution.
358          (b) All notices, records, and other information regarding possession of an institution by
359     the commissioner may be kept confidential, and all court records and proceedings relating to
360     the commissioner's possession may be sealed from public access if:
361          (i) the commissioner finds it is in the best interests of the institution and its depositors
362     not to notify the public of the possession by the commissioner;
363          (ii) the deposit and withdrawal of funds and payment to creditors of the institution is
364     not suspended, restricted, or interrupted; and
365          (iii) the court approves.
366          (2) (a) (i) Within 15 days after taking possession of an institution or other person under

367     the jurisdiction of the department, the commissioner shall publish a notice to all persons who
368     may have claims against the institution or other person to file proof of their claims with the
369     commissioner before a date specified in the notice.
370          (ii) The filing date shall be at least 90 days after the date of the first publication of the
371     notice.
372          (iii) The notice shall be published:
373          (A) for at least 90 days, as a class A notice under Section 63G-28-102, for each city or
374     county in which the institution or other person, or any subsidiary or service corporation of the
375     institution, maintains an office; and
376          [(I) in a newspaper of general circulation in each city or county in which the institution
377     or other person, or any subsidiary or service corporation of the institution, maintains an office;
378     and]
379          [(II) published again approximately 30 days and 60 days after the date of the first
380     publication; and]
381          (B) as required in Section 45-1-101 for 60 days.
382          (b) (i) Within 60 days of taking possession of a depository institution, the
383     commissioner shall send a similar notice to all persons whose identity is reflected in the books
384     or records of the institution as depositors or other creditors, secured or unsecured, parties to
385     litigation involving the institution pending at the date the commissioner takes possession of the
386     institution, and all other potential claimants against the institution whose identity is reasonably
387     ascertainable by the commissioner from examination of the books and records of the
388     institution. No notice is required in connection with accounts or other liabilities of the
389     institution that will be paid in full or be fully assumed by another depository institution or trust
390     company. The notice shall specify a filing date for claims against the institution not less than
391     60 days after the date of mailing. Claimants whose claims against the institution have been
392     assumed by another depository institution or trust company pursuant to a merger or purchase
393     and assumption agreement with the commissioner, or a federal deposit insurance agency
394     appointed as receiver or liquidator of the institution, shall be notified of the assumption of their
395     claims and the name and address of the assuming party within 60 days after the claim is
396     assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
397     assuming party shall give all required notices. Notice shall be mailed to the address appearing

398     in the books and records of the institution.
399          (ii) Inadvertent or unintentional failure to mail a notice to any person entitled to written
400     notice under this paragraph does not impose any liability on the commissioner or any receiver
401     or liquidator appointed by him beyond the amount the claimant would be entitled to receive if
402     the claim had been timely filed and allowed. The commissioner or any receiver or liquidator
403     appointed by him are not liable for failure to mail notice unless the claimant establishes that it
404     had no knowledge of the commissioner taking possession of the institution until after all
405     opportunity had passed for obtaining payment through filing a claim with the commissioner,
406     receiver, or liquidator.
407          (c) Upon good cause shown, the court having supervisory jurisdiction may extend the
408     time in which the commissioner may serve any notice required by this chapter.
409          (d) The commissioner has the sole power to adjudicate any claim against the
410     institution, its property or other assets, tangible or intangible, and to settle or compromise
411     claims within the priorities set forth in Section 7-2-15. Any action of the commissioner is
412     subject to judicial review as provided in Subsection (9).
413          (e) A receiver or liquidator of the institution appointed by the commissioner has all the
414     duties, powers, authority, and responsibilities of the commissioner under this section. All
415     claims against the institution shall be filed with the receiver or liquidator within the applicable
416     time specified in this section and the receiver or liquidator shall adjudicate the claims as
417     provided in Subsection (2)(d).
418          (f) The procedure established in this section is the sole remedy of claimants against an
419     institution or its assets in the possession of the commissioner.
420          (3) With respect to a claim which appears in the books and records of an institution or
421     other person in the possession of the commissioner as a secured claim, which, for purposes of
422     this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
423     the assets or other property of the institution:
424          (a) The commissioner shall allow or disallow each secured claim filed on or before the
425     filing date within 30 days after receipt of the claim and shall notify each secured claimant by
426     certified mail or in person of the basis for, and any conditions imposed on, the allowance or
427     disallowance.
428          (b) For all allowed secured claims, the commissioner shall be bound by the terms,

429     covenants, and conditions relating to the assets or other property subject to the claim, as set
430     forth in the note, bond, or other security agreement which evidences the secured claim, unless
431     the commissioner has given notice to the claimant of his intent to abandon the assets or other
432     property subject to the secured claim at the time the commissioner gave the notice described in
433     Subsection (3)(a).
434          (c) No petition for lifting the stay provided by Section 7-2-7 may be filed with respect
435     to a secured claim before the claim has been filed and allowed or disallowed by the
436     commissioner in accordance with Subsection (3)(a).
437          (4) With respect to all other claims other than secured claims:
438          (a) Each claim filed on or before the filing date shall be allowed or disallowed within
439     180 days after the final publication of notice.
440          (b) If notice of disallowance is not served upon the claimant by the commissioner
441     within 210 days after the date of final publication of notice, the claim is considered disallowed.
442          (c) The rights of claimants and the amount of a claim shall be determined as of the date
443     the commissioner took possession of the institution under this chapter. Claims based on
444     contractual obligations of the institution in existence on the date of possession may be allowed
445     unless the obligation of the institution is dependent on events occurring after the date of
446     possession, or the amount or worth of the claim cannot be determined before any distribution
447     of assets of the institution is made to claimants having the same priority under Section 7-2-15.
448          (d) (i) An unliquidated claim against the institution, including claims based on alleged
449     torts for which the institution would have been liable on the date the commissioner took
450     possession of the institution and any claims for a right to an equitable remedy for breach of
451     performance by the institution, may be filed in an estimated amount. The commissioner may
452     disallow or allow the claim in an amount determined by the commissioner, settle the claim in
453     an amount approved by the court, or, in his discretion, refer the claim to the court designated by
454     Section 7-2-2 for determination in accordance with procedures designated by the court. If the
455     institution held on the date of possession by the commissioner a policy of insurance that would
456     apply to the liability asserted by the claimant, the commissioner, or any receiver appointed by
457     him may assign to the claimant all rights of the institution under the insurance policy in full
458     satisfaction of the claim.
459          (ii) If the commissioner finds there are or may be issues of fact or law as to the validity

460     of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
461     provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
462     prepare and submit recommended findings of fact and conclusions of law for final
463     consideration by the commissioner. The hearing shall be conducted as provided in rules or
464     regulations issued by the commissioner. The decision of the commissioner shall be based on
465     the record before the hearing examiner and information the commissioner considers relevant
466     and shall be subject to judicial review as provided in Subsection (9).
467          (e) A claim may be disallowed if it is based on actions or documents intended to
468     deceive the commissioner or any receiver or liquidator appointed by him.
469          (f) The commissioner may defer payment of any claim filed on behalf of a person who
470     was at any time in control of the institution within the meaning of Section 7-1-103, pending the
471     final determination of all claims of the institution against that person.
472          (g) The commissioner or any receiver appointed by him may disallow a claim that
473     seeks a dollar amount if it is determined by the court having jurisdiction under Section 7-2-2
474     that the commissioner or receiver or conservator will not have any assets with which to pay the
475     claim under the priorities established by Section 7-2-15.
476          (h) The commissioner may adopt rules to establish such alternative dispute resolution
477     processes as may be appropriate for the resolution of claims filed against an institution under
478     this chapter.
479          (i) In establishing alternative dispute resolution processes, the commissioner shall
480     strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
481     shall seek to develop incentives for claimants to participate in the alternative dispute resolution
482     process.
483          (j) The commissioner may establish both binding and nonbinding processes, which
484     may be conducted by any government or private party, but all parties, including the claimant
485     and the commissioner or any receiver appointed by him, must agree to the use of the process in
486     a particular case.
487          (5) (a) Claims filed after the filing date are disallowed, unless:
488          (i) the claimant who did not file his claim timely demonstrates that he did not have
489     notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
490          (ii) proof of the claim was filed prior to the last distribution of assets. For the purpose

491     of this subsection only, late filed claims may be allowed if proof was filed before the final
492     distribution of assets of the institution to claimants of the same priority and are payable only
493     out of the remaining assets of the institution.
494          (b) A late filed claim may be disallowed under any other provision of this section.
495          (6) Debts owing to the United States or to any state or its subdivisions as a penalty or
496     forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
497     transaction, or proceeding out of which the penalty or forfeiture arose.
498          (7) Except as otherwise provided in Subsection 7-2-15(1)(a), interest accruing on any
499     claim after the commissioner has taken possession of an institution or other person under this
500     chapter may be disallowed.
501          (8) (a) A claim against an institution or its assets based on a contract or agreement may
502     be disallowed unless the agreement:
503          (i) is in writing;
504          (ii) is otherwise a valid and enforceable contract; and
505          (iii) has continuously, from the time of its execution, been an official record of the
506     institution.
507          (b) The requirements of this Subsection (8) do not apply to claims for goods sold or
508     services rendered to an institution in the ordinary course of business by trade creditors who do
509     not customarily use written agreements or other documents.
510          (9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
511     other claimant by filing a written objection with the commissioner within 30 days after service
512     of the notice of allowance or disallowance. The commissioner shall present the objection to
513     the court for hearing and determination upon written notice to the claimant and to the filing
514     party. The notice shall set forth the time and place of hearing. After the 30-day period, no
515     objection may be filed. This Subsection (9) does not apply to secured claims allowed under
516     Subsection (3).
517          (b) The hearing shall be based on the record before the commissioner and any
518     additional evidence the court allowed to provide the parties due process of law.
519          (c) The court may not reverse or otherwise modify the determination of the
520     commissioner with respect to the claim unless it finds the determination of the commissioner to
521     be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party

522     objecting to the determination of the commissioner.
523          (d) An appeal from any final judgment of the court with respect to a claim may be
524     taken as provided by law by the claimant, the commissioner, or any person having standing to
525     object to the allowance or disallowance of the claim.
526          (10) If a claim against the institution has been asserted in any judicial, administrative,
527     or other proceeding pending at the time the commissioner took possession of the institution
528     under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
529     Holding Companies, the claimant shall file copies of all documents of record in the pending
530     proceeding with the commissioner within the time for filing claims as provided in Subsection
531     (2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
532     record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
533     until the claim has been allowed or disallowed. The commissioner may petition the court
534     designated by Section 7-2-2 to lift the stay to determine whether the claim should be allowed or
535     disallowed.
536          (11) All claims allowed by the commissioner and not disallowed or otherwise modified
537     by the court under Subsection (9), if not paid within 30 days after allowance, shall be
538     evidenced by a certificate payable only out of the assets of the institution in the possession of
539     the commissioner, subject to the priorities set forth in Section 7-2-15. This provision does not
540     apply to a secured claim allowed by the commissioner under Subsection (3)(a).
541          Section 7. Section 8-5-6 is amended to read:
542          8-5-6. Alternative council or board procedures for notice -- Termination of rights
543     -- Notice.
544          (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, a
545     municipal council or cemetery maintenance district board may pass a resolution demanding
546     that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
547     purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
548     notice of any claim to the lot, site, or portion of the cemetery.
549          (2) The municipal council or cemetery maintenance district board shall then cause a
550     copy of the resolution to be personally served on the owner in the same manner as personal
551     service of process in a civil action. The resolution shall notify the owner that the owner shall,
552     within 60 days after service of the resolution on the owner, express interest in maintaining the

553     cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
554     use the lot, site, or portion of the cemetery for a burial.
555          (3) If the owner cannot be personally served with the resolution of the municipal
556     council or cemetery maintenance district board as required in Subsection (2), the municipal
557     council or cemetery maintenance district board shall:
558          (a) publish [its resolution on the Utah Public Notice Website created in Section
559     63A-16-601] the resolution for the municipality or cemetery maintenance district, as a class A
560     notice under Section 63G-28-102, for three weeks; and
561          (b) mail a copy of the resolution within 14 days after the publication to the owner's last
562     known address, if available.
563          (4) If, for 30 days after the last date of service or publication of the municipal council's
564     or cemetery maintenance district board's resolution, the owner or person with a legal interest in
565     the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
566     the cemetery for burial purposes, the owner's rights are terminated and that portion of the
567     cemetery shall be vested in the municipality or cemetery maintenance district.
568          Section 8. Section 9-8-805 is amended to read:
569          9-8-805. Collecting institutions -- Perfecting title -- Notice.
570          (1) (a) A collecting institution wishing to perfect title in any reposited materials held by
571     it shall send, by registered mail, a notice containing the information required by Subsection (2)
572     to the last-known address of the last-known owner of the property.
573          (b) In addition to the requirements of Subsection (1)(a), a collecting institution shall
574     publish a notice containing the information required by Subsection (2) if:
575          (i) the owner or the address of the owner of the reposited materials is unknown;
576          (ii) the mailed notice is returned to the collecting institution without a forwarding
577     address; or
578          (iii) the owner does not claim the reposited materials within 90 days after the day on
579     which the notice was mailed.
580          (c) If required to publish a notice under Subsection (1)(b), the collecting institution[, in
581     accordance with Section 45-1-101,] shall publish the notice for two weeks:
582          (i) [at least once per week for two consecutive weeks in a newspaper of general
583     circulation in] for the county where the collecting institution is located, as a class A notice

584     under Section 63G-28-102; and
585          [(ii) on the public legal notice website for at least two weeks]
586          (ii) as required in Section 45-1-101.
587          (2) Each notice required by this section shall include:
588          (a) the name, if known, and the last-known address, if any, of the last-known owner of
589     the reposited materials;
590          (b) a description of the reposited materials;
591          (c) the name of the collecting institution that has possession of the reposited materials
592     and a person within that institution whom the owner may contact; and
593          (d) a statement that if the reposited materials are not claimed within 90 days from the
594     day on which the notice is published in accordance with Subsection (1)(b), the reposited
595     materials are considered abandoned and become the property of the collecting institution.
596          (3) If no one claims reposited materials within 90 days after the day on which notice is
597     published in accordance with Subsection (1)(b), the reposited materials are considered
598     abandoned and are the property of the collecting institution.
599          Section 9. Section 10-2-406 is amended to read:
600          10-2-406. Notice of certification -- Providing notice of petition.
601          (1) After receipt of the notice of certification from the city recorder or town clerk under
602     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall provide notice:
603          (a) [within] for the area proposed for annexation and the unincorporated area within
604     1/2 mile of the area proposed for annexation, as a class B notice under Section 63G-28-102, no
605     later than 10 days after the day on which the municipal legislative body receives the notice of
606     certification[:]; and
607          [(i) by posting one notice, and at least one additional notice per 2,000 population
608     within the combined area, in places within the combined area that are most likely to give notice
609     to the residents within, and the owners of real property located within, the combined area,
610     subject to a maximum of 10 notices; or]
611          [(ii) by mailing the notice to each residence within, and to each owner of real property
612     located within, the combined area;]
613          [(b) by posting notice on the Utah Public Notice Website, created in Section
614     63A-16-601, for three weeks, beginning no later than 10 days after the day on which the

615     municipal legislative body receives the notice of certification;]
616          [(c)] (b) within 20 days after the day on which the municipal legislative body receives
617     the notice of certification, by mailing written notice to each affected entity[; and].
618          [(d) if the municipality has a website, by posting notice on the municipality's website
619     for the period of time described in Subsection (1)(b).]
620          (2) The notice described in Subsection (1) shall:
621          (a) state that a petition has been filed with the municipality proposing the annexation of
622     an area to the municipality;
623          (b) state the date of the municipal legislative body's receipt of the notice of certification
624     under Subsection 10-2-405(2)(c)(i);
625          (c) describe the area proposed for annexation in the annexation petition;
626          (d) state that the complete annexation petition is available for inspection and copying at
627     the office of the city recorder or town clerk;
628          (e) state in conspicuous and plain terms that the municipality may grant the petition
629     and annex the area described in the petition unless, within the time required under Subsection
630     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
631     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
632     municipality;
633          (f) state the address of the commission or, if a commission has not yet been created in
634     the county, the county clerk, where a protest to the annexation petition may be filed;
635          (g) state that the area proposed for annexation to the municipality will also
636     automatically be annexed to a local district providing fire protection, paramedic, and
637     emergency services or a local district providing law enforcement service, as the case may be, as
638     provided in Section 17B-1-416, if:
639          (i) the proposed annexing municipality is entirely within the boundaries of a local
640     district:
641          (A) that provides fire protection, paramedic, and emergency services or law
642     enforcement service, respectively; and
643          (B) in the creation of which an election was not required because of Subsection
644     17B-1-214(3)(c); and
645          (ii) the area proposed to be annexed to the municipality is not already within the

646     boundaries of the local district; and
647          (h) state that the area proposed for annexation to the municipality will be automatically
648     withdrawn from a local district providing fire protection, paramedic, and emergency services or
649     a local district providing law enforcement service, as the case may be, as provided in
650     Subsection 17B-1-502(2), if:
651          (i) the petition proposes the annexation of an area that is within the boundaries of a
652     local district:
653          (A) that provides fire protection, paramedic, and emergency services or law
654     enforcement service, respectively; and
655          (B) in the creation of which an election was not required because of Subsection
656     17B-1-214(3)(c); and
657          (ii) the proposed annexing municipality is not within the boundaries of the local
658     district.
659          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
660     written protest in terms of the actual date rather than by reference to the statutory citation.
661          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
662     for a proposed annexation of an area within a county of the first class shall include a statement
663     that a protest to the annexation petition may be filed with the commission by property owners if
664     it contains the signatures of the owners of private real property that:
665          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
666     annexation;
667          (ii) covers at least 25% of the private land area located in the unincorporated area
668     within 1/2 mile of the area proposed for annexation; and
669          (iii) is equal in value to at least 15% of all real property located in the unincorporated
670     area within 1/2 mile of the area proposed for annexation.
671          Section 10. Section 10-2-407 is amended to read:
672          10-2-407. Protest to annexation petition -- Planning advisory area planning
673     commission recommendation -- Petition requirements -- Disposition of petition if no
674     protest filed -- Public hearing and notice.
675          (1) A protest to an annexation petition under Section 10-2-403 may only be filed by:
676          (a) the legislative body or governing board of an affected entity;

677          (b) an owner of rural real property;
678          (c) for a proposed annexation of an area within a county of the first class, an owner of
679     private real property that:
680          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
681     annexation;
682          (ii) covers at least 25% of the private land area located in the unincorporated area
683     within 1/2 mile of the area proposed for annexation; and
684          (iii) is equal in value to at least 15% of all real property located in the unincorporated
685     area within 1/2 mile of the area proposed for annexation; or
686          (d) an owner of private real property located in a mining protection area.
687          (2) Each protest under Subsection (1) shall:
688          (a) be filed:
689          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
690     certification under Subsection 10-2-405(2)(c)(i); and
691          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
692     the commission; or
693          (B) in a county that has not yet created a commission under Section 10-2-409, with the
694     clerk of the county in which the area proposed for annexation is located;
695          (b) state each reason for the protest of the annexation petition and, if the area proposed
696     to be annexed is located in a specified county, justification for the protest under the standards
697     established in this chapter;
698          (c) if the area proposed to be annexed is located in a specified county, contain other
699     information that the commission by rule requires or that the party filing the protest considers
700     pertinent; and
701          (d) contain the name and address of a contact person who is to receive notices sent by
702     the commission with respect to the protest proceedings.
703          (3) The party filing a protest under this section shall on the same date deliver or mail a
704     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
705          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
706          (a) immediately notify the county legislative body of the protest; and
707          (b) deliver the protest to the boundary commission within five days after:

708          (i) receipt of the protest, if the boundary commission has previously been created; or
709          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
710     boundary commission has not previously been created.
711          (5) (a) If a protest is filed under this section:
712          (i) the municipal legislative body may, at its next regular meeting after expiration of
713     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
714          (ii) if the municipal legislative body does not deny the annexation petition under
715     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
716     annexation petition until after receipt of the commission's notice of its decision on the protest
717     under Section 10-2-416.
718          (b) If a municipal legislative body denies an annexation petition under Subsection
719     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
720     the denial in writing to:
721          (i) the contact sponsor of the annexation petition;
722          (ii) the commission; and
723          (iii) each entity that filed a protest.
724          (6) If no timely protest is filed under this section, the municipal legislative body may,
725     subject to Subsection (7), approve the petition.
726          (7) Before approving an annexation petition under Subsection (6), the municipal
727     legislative body shall hold a public hearing and provide notice of the public hearing[:] by
728     publishing the notice for the municipality and the area proposed for annexation, as a class B
729     notice under Section 63G-28-102, for at least seven days before the date of the public hearing.
730          [(a) (i) at least seven days before the day of the public hearing, by posting one notice,
731     and at least one additional notice per 2,000 population within the municipality and the area
732     proposed for annexation, in places within that combined area that are most likely to give notice
733     to the residents within, and the owners of real property located within, the combined area,
734     subject to a maximum of 10 notices; or]
735          [(ii) at least 10 days before the day of the public hearing, by mailing the notice to each
736     residence within, and to each owner of real property located within, the combined area
737     described in Subsection (7)(a)(i);]
738          [(b) by posting notice on the Utah Public Notice Website, created in Section

739     63A-16-601, for seven days before the day of the public hearing; and]
740          [(c) if the municipality has a website, by posting notice on the municipality's website
741     for seven days before the day of the public hearing.]
742          (8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
743     Subsection (1) has standing to challenge an annexation in district court.
744          (b) A person or entity described in Subsection (1) may only bring an action in district
745     court to challenge an annexation if the person or entity has timely filed a protest as described in
746     Subsection (2) and exhausted the administrative remedies described in this section.
747          Section 11. Section 10-2-415 is amended to read:
748          10-2-415. Public hearing -- Notice.
749          (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
750     requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
751     located in a county of the first class, the commission shall hold a public hearing within 30 days
752     after the day on which the commission receives the feasibility study or supplemental feasibility
753     study results.
754          (b) At the public hearing described in Subsection (1)(a), the commission shall:
755          (i) require the feasibility consultant to present the results of the feasibility study and, if
756     applicable, the supplemental feasibility study;
757          (ii) allow those present to ask questions of the feasibility consultant regarding the study
758     results; and
759          (iii) allow those present to speak to the issue of annexation.
760          (2) The commission shall provide notice of the public hearing described in Subsection
761     (1)(a) [within] for the area proposed for annexation, the surrounding 1/2 mile of unincorporated
762     area, and the proposed annexing municipality[:], as a class B notice under Section 63G-28-102,
763     for at least two weeks before the date of the public hearing.
764          [(a) (i) at least two weeks before the day of the public hearing, by posting one notice,
765     and at least one additional notice per 2,000 population within the combined area, in places
766     within the combined area that are most likely to give notice of the public hearing to the
767     residents within, and the owners of real property located within, the combined area, subject to a
768     maximum of 10 notices; or]
769          [(ii) by mailing notice to each residence within, and to each owner of real property

770     located within, the combined area;]
771          [(b) by posting notice on the Utah Public Notice Website, created in Section
772     63A-16-601, for two weeks before the day of the public hearing;]
773          [(c) by sending written notice of the public hearing to the municipal legislative body of
774     the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
775     that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
776     person;]
777          [(d) if the municipality has a website, by posting notice on the municipality's website
778     for two weeks before the day of the public hearing; and]
779          [(e) by posting notice on the county's website for two weeks before the day of the
780     public hearing.]
781          (3) The notice described in Subsection (2) shall:
782          (a) be entitled, "notice of annexation hearing";
783          (b) state the name of the annexing municipality;
784          (c) describe the area proposed for annexation; and
785          (d) specify the following sources where an individual may obtain a copy of the
786     feasibility study conducted in relation to the proposed annexation:
787          (i) if the municipality has a website, the municipality's website;
788          (ii) a municipality's physical address; and
789          (iii) a mailing address and telephone number.
790          (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
791     expired with respect to a proposed annexation of an area located in a specified county, the
792     boundary commission shall hold a hearing on all protests that were filed with respect to the
793     proposed annexation.
794          (5) [At] For at least 14 days before the date of a hearing described in Subsection (4),
795     the commission chair shall provide notice of the hearing[:], for the area proposed for
796     annexation, as a class B notice under Section 63G-28-102.
797          [(a) (i) by posting one notice, and at least one additional notice per 2,000 population
798     within the area proposed for annexation, in places within the area that are most likely to give
799     notice of the hearing to the residents within, and the owners of real property located within, the
800     area, subject to a maximum of 10 notices; or]

801          [(ii) by mailing notice to each resident within, and each owner of real property located
802     within, the area proposed for annexation;]
803          [(b) by posting notice on the Utah Public Notice Website, created in Section
804     63A-16-601, for 14 days before the day of the hearing;]
805          [(c) if the municipality has a website, by posting notice on the municipality's website
806     for two weeks before the day of the public hearing; and]
807          [(d) by posting notice on the county's website for two weeks before the day of the
808     public hearing.]
809          (6) Each notice described in Subsection (5) shall:
810          (a) state the date, time, and place of the hearing;
811          (b) briefly summarize the nature of the protest; and
812          (c) state that a copy of the protest is on file at the commission's office.
813          (7) The commission may continue a hearing under Subsection (4) from time to time,
814     but no continued hearing may be held later than 60 days after the original hearing date.
815          (8) In considering protests, the commission shall consider whether the proposed
816     annexation:
817          (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
818     annexation policy plan of the proposed annexing municipality;
819          (b) conflicts with the annexation policy plan of another municipality; and
820          (c) if the proposed annexation includes urban development, will have an adverse tax
821     consequence on the remaining unincorporated area of the county.
822          (9) (a) The commission shall record each hearing under this section by electronic
823     means.
824          (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
825     applicable, information received at the hearing, and the written decision of the commission
826     shall constitute the record of the hearing.
827          Section 12. Section 10-2-418 is amended to read:
828          10-2-418. Annexation of an island or peninsula without a petition -- Notice --
829     Hearing.
830          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
831     accordance with this section of an area located within a county of the first class,

832     "municipal-type services" does not include a service provided by a municipality pursuant to a
833     contract that the municipality has with another political subdivision as "political subdivision" is
834     defined in Section 17B-1-102.
835          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
836     unincorporated area under this section without an annexation petition if:
837          (a) for an unincorporated area within the expansion area of more than one municipality,
838     each municipality agrees to the annexation; and
839          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
840     or unincorporated peninsulas contiguous to the municipality;
841          (B) the majority of each island or peninsula consists of residential or commercial
842     development;
843          (C) the area proposed for annexation requires the delivery of municipal-type services;
844     and
845          (D) the municipality has provided most or all of the municipal-type services to the area
846     for more than one year;
847          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
848     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
849     residents; and
850          (B) the municipality has provided one or more municipal-type services to the area for
851     at least one year;
852          (iii) the area consists of:
853          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
854     municipality; and
855          (B) for an area outside of the county of the first class proposed for annexation, no more
856     than 50 acres; or
857          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
858     county of the second class;
859          (B) the area to be annexed is located in the expansion area of a municipality; and
860          (C) the county legislative body in which the municipality is located provides notice to
861     each property owner within the area to be annexed that the county legislative body will hold a
862     public hearing, no less than 15 days after the day on which the county legislative body provides

863     the notice, and may make a recommendation of annexation to the municipality whose
864     expansion area includes the area to be annexed after the public hearing.
865          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
866     portion of an unincorporated island or unincorporated peninsula under this section, leaving
867     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
868          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
869     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
870     the municipality's best interest; and
871          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
872     the entire island of unincorporated area, of which a portion is being annexed, complies with the
873     requirement of Subsection (2)(b)(ii) relating to the number of residents.
874          (4) (a) This Subsection (4) applies only to an annexation within a county of the first
875     class.
876          (b) A county of the first class shall agree to an annexation if the majority of private
877     property owners within the area to be annexed give written consent to the annexation, in
878     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
879          (c) For purposes of Subsection (4)(b), the majority of private property owners is
880     property owners who own:
881          (i) the majority of the total private land area within the area proposed for annexation;
882     and
883          (ii) private real property equal to at least 1/2 the value of private real property within
884     the area proposed for annexation.
885          (d) A property owner consenting to annexation shall indicate the property owner's
886     consent on a form which includes language in substantially the following form:
887          "Notice: If this written consent is used to proceed with an annexation of your property
888     in accordance with Utah Code Section 10-2-418, no public election is required by law to
889     approve the annexation. If you sign this consent and later decide you do not want to support
890     the annexation of your property, you may withdraw your signature by submitting a signed,
891     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
892     choose to withdraw your signature, you must do so no later than the close of the public hearing
893     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".

894          (e) A private property owner may withdraw the property owner's signature indicating
895     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
896     close of the public hearing held in accordance with Subsection (5)(b).
897          (5) The legislative body of each municipality intending to annex an area under this
898     section shall:
899          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
900     area, describing the area proposed to be annexed; and
901          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
902     adoption of the resolution described in Subsection (5)(a).
903          (6) A legislative body described in Subsection (5) shall provide notice of a public
904     hearing described in Subsection (5)(b):
905          (a) [(i)] for at least three weeks before the day of the public hearing, [by posting one
906     notice, and at least one additional notice per 2,000 population in] for the municipality and the
907     area proposed for annexation, [in places within the combined area that are most likely to give
908     notice to the residents within, and the owners of real property located within, the combined
909     area, subject to a maximum of 10 notices; or] as a class B notice under Section 63G-28-102;
910     and
911          [(ii) at least three weeks before the day of the public hearing, by mailing notice to each
912     residence within, and each owner of real property located within, the combined area described
913     in Subsection (6)(a)(i);]
914          [(b) by posting notice on the Utah Public Notice Website, created in Section
915     63A-16-601, for three weeks before the day of the public hearing;]
916          [(c)] (b) by sending written notice to:
917          (i) the board of each local district and special service district whose boundaries contain
918     some or all of the area proposed for annexation; and
919          (ii) the legislative body of the county in which the area proposed for annexation is
920     located[; and].
921          [(d) if the municipality has a website, by posting notice on the municipality's website
922     for three weeks before the day of the public hearing.]
923          (7) The legislative body of the annexing municipality shall ensure that:
924          (a) each notice described in Subsection (6):

925          (i) states that the municipal legislative body has adopted a resolution indicating the
926     municipality's intent to annex the area proposed for annexation;
927          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
928          (iii) describes the area proposed for annexation; and
929          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
930     states in conspicuous and plain terms that the municipal legislative body will annex the area
931     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
932     annexation are filed by the owners of private real property that:
933          (A) is located within the area proposed for annexation;
934          (B) covers a majority of the total private land area within the entire area proposed for
935     annexation; and
936          (C) is equal in value to at least 1/2 the value of all private real property within the
937     entire area proposed for annexation; and
938          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
939     days after the day on which the municipal legislative body adopts a resolution under Subsection
940     (5)(a).
941          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
942     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
943     ordinance approving the annexation of the area proposed for annexation under this section
944     unless, at or before the hearing, written protests to the annexation have been filed with the
945     recorder or clerk of the municipality by the owners of private real property that:
946          (i) is located within the area proposed for annexation;
947          (ii) covers a majority of the total private land area within the entire area proposed for
948     annexation; and
949          (iii) is equal in value to at least 1/2 the value of all private real property within the
950     entire area proposed for annexation.
951          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
952     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
953     annexation of the area proposed for annexation under this section without allowing or
954     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
955     land area within the entire area proposed for annexation, representing at least 75% of the value

956     of the private real property within the entire area proposed for annexation, have consented in
957     writing to the annexation.
958          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
959     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
960     validly annexed.
961          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
962     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
963     annexation of an area that the county legislative body proposes for annexation under this
964     section without allowing or considering protests under Subsection (8)(a) if the county
965     legislative body has formally recommended annexation to the annexing municipality and has
966     made a formal finding that:
967          (A) the area to be annexed can be more efficiently served by the municipality than by
968     the county;
969          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
970     the future as the result of urban development;
971          (C) annexation of the area is likely to facilitate the consolidation of overlapping
972     functions of local government; and
973          (D) annexation of the area is likely to result in an equitable distribution of community
974     resources and obligations.
975          (ii) The county legislative body may base the finding required in Subsection
976     (8)(c)(i)(B) on:
977          (A) existing development in the area;
978          (B) natural or other conditions that may limit the future development of the area; or
979          (C) other factors that the county legislative body considers relevant.
980          (iii) A county legislative body may make the recommendation for annexation required
981     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
982     information provided at the public hearing, the county legislative body makes a formal finding
983     that it would be equitable to leave a portion of the island unincorporated.
984          (iv) If a county legislative body has made a recommendation of annexation under
985     Subsection (8)(c)(i):
986          (A) the relevant municipality is not required to proceed with the recommended

987     annexation; and
988          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
989     the entire area that the county legislative body recommended for annexation.
990          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
991     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
992     validly annexed.
993          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
994     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
995     approving the annexation of the area proposed for annexation, and the annexation proceedings
996     under this section shall be considered terminated.
997          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
998     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
999     island regarding which protests have been filed and proceeding under Subsection (3) to annex
1000     some or all of the remaining portion of the unincorporated island.
1001          Section 13. Section 10-2-419 is amended to read:
1002          10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1003          (1) The legislative bodies of two or more municipalities having common boundaries
1004     may adjust their common boundaries as provided in this section.
1005          (2) The legislative body of each municipality intending to adjust a boundary that is
1006     common with another municipality shall:
1007          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1008     common boundary; and
1009          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
1010     adoption of the resolution under Subsection (2)(a).
1011          (3) A legislative body described in Subsection (2) shall provide notice of a public
1012     hearing described in Subsection (2)(b):
1013          [(a) (i) at least three weeks before the day of the public hearing, by posting one notice,
1014     and at least one additional notice per 2,000 population of the municipality, in places within the
1015     municipality that are most likely to give notice to residents of the municipality, subject to a
1016     maximum of 10 notices; or]
1017          [(ii) at least three weeks before the day of the public hearing, by mailing notice to each

1018     residence in the municipality;]
1019          [(b) by posting notice on the Utah Public Notice Website, created in Section
1020     63A-16-601, for three weeks before the day of the public hearing;]
1021          (a) for the municipality, as a class B notice under Section 63G-28-102, for at least three
1022     weeks before the day of the public hearing; and
1023          [(c)] (b) if the proposed boundary adjustment may cause any part of real property
1024     owned by the state to be within the geographic boundary of a different local governmental
1025     entity than before the adjustment, by providing written notice, at least 50 days before the day of
1026     the public hearing, to:
1027          (i) the title holder of any state-owned real property described in this Subsection [(3)(d)]
1028     (3)(b); and
1029          (ii) the Utah State Developmental Center Board, created under Section 62A-5-202.5, if
1030     any state-owned real property described in this Subsection [(3)(d)] (3)(b) is associated with the
1031     Utah State Developmental Center[; and].
1032          [(d) if the municipality has a website, by posting notice on the municipality's website
1033     for three weeks before the day of the public hearing.]
1034          (4) The notice described in Subsection (3) shall:
1035          (a) state that the municipal legislative body has adopted a resolution indicating the
1036     municipal legislative body's intent to adjust a boundary that the municipality has in common
1037     with another municipality;
1038          (b) describe the area proposed to be adjusted;
1039          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
1040          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
1041     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
1042     protest to the adjustment is filed by:
1043          (i) an owner of private real property that:
1044          (A) is located within the area proposed for adjustment;
1045          (B) covers at least 25% of the total private land area within the area proposed for
1046     adjustment; and
1047          (C) is equal in value to at least 15% of the value of all private real property within the
1048     area proposed for adjustment; or

1049          (ii) a title holder of state-owned real property described in Subsection [(3)(d)] (3)(b);
1050          (e) state that the area that is the subject of the boundary adjustment will, because of the
1051     boundary adjustment, be automatically annexed to a local district providing fire protection,
1052     paramedic, and emergency services or a local district providing law enforcement service, as the
1053     case may be, as provided in Section 17B-1-416, if:
1054          (i) the municipality to which the area is being added because of the boundary
1055     adjustment is entirely within the boundaries of a local district:
1056          (A) that provides fire protection, paramedic, and emergency services or law
1057     enforcement service, respectively; and
1058          (B) in the creation of which an election was not required because of Subsection
1059     17B-1-214(3)(c); and
1060          (ii) the municipality from which the area is being taken because of the boundary
1061     adjustment is not within the boundaries of the local district; and
1062          (f) state that the area proposed for annexation to the municipality will be automatically
1063     withdrawn from a local district providing fire protection, paramedic, and emergency services,
1064     as provided in Subsection 17B-1-502(2), if:
1065          (i) the municipality to which the area is being added because of the boundary
1066     adjustment is not within the boundaries of a local district:
1067          (A) that provides fire protection, paramedic, and emergency services; and
1068          (B) in the creation of which an election was not required because of Subsection
1069     17B-1-214(3)(c); and
1070          (ii) the municipality from which the area is being taken because of the boundary
1071     adjustment is entirely within the boundaries of the local district.
1072          (5) Upon conclusion of the public hearing described in Subsection (2)(b), the
1073     municipal legislative body may adopt an ordinance approving the adjustment of the common
1074     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
1075     adjustment is filed with the city recorder or town clerk by a person described in Subsection
1076     [(3)(c)(i) or (ii).] (3)(b)(i) or (ii).
1077          (6) The municipal legislative body shall comply with the requirements of Section
1078     10-2-425 as if the boundary adjustment were an annexation.
1079          (7) (a) An ordinance adopted under Subsection (5) becomes effective when each

1080     municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1081     (5).
1082          (b) The effective date of a boundary adjustment under this section is governed by
1083     Section 10-2-425.
1084          Section 14. Section 10-2-501 is amended to read:
1085          10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
1086     Requirements upon filing request -- Notice.
1087          (1) As used in this part "petitioner" means:
1088          (a) one or more persons who:
1089          (i) own title to real property within the area proposed for disconnection; and
1090          (ii) sign a request for disconnection proposing to disconnect the area proposed for
1091     disconnection from the municipality; or
1092          (b) the mayor of the municipality within which the area proposed for disconnection is
1093     located who signs a request for disconnection proposing to disconnect the area proposed for
1094     disconnection from the municipality.
1095          (2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
1096     municipality shall file with that municipality's legislative body a request for disconnection.
1097          (b) Each request for disconnection shall:
1098          (i) contain the names, addresses, and signatures of the owners of more than 50% of any
1099     private real property in the area proposed for disconnection;
1100          (ii) give the reasons for the proposed disconnection;
1101          (iii) include a map or plat of the territory proposed for disconnection; and
1102          (iv) designate between one and five persons with authority to act on the petitioner's
1103     behalf in the proceedings.
1104          (3) Upon [filing the] receiving a request for disconnection, [the petitioner] a municipal
1105     legislative body shall publish notice of the request:
1106          [(a) (i) once a week for three consecutive weeks before the public hearing described in
1107     Section 10-2-502.5 in a newspaper of general circulation within the municipality; or]
1108          [(ii) if there is no newspaper of general circulation in the municipality, at least three
1109     weeks before the day of the public hearing described in Section 10-2-502.5, by posting one
1110     notice, and at least one additional notice per 2,000 population of the municipality, in places

1111     within the municipality that are most likely to give notice to the residents within, and the
1112     owners of real property located within, the municipality, including the residents who live in the
1113     area proposed for disconnection;]
1114          [(b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
1115     before the day of the public hearing described in Section 10-2-502.5;]
1116          [(c)] (a) in accordance with the legal notice requirements described in Section
1117     45-1-101, for three weeks before the day of the public hearing described in Section 10-2-502.5;
1118     and
1119          (b) for the area proposed to be disconnected, as a class B notice under Section
1120     63G-28-102, for at least three weeks before the day of the public hearing described in Section
1121     10-2-502.5.
1122          [(d) by mailing notice to each:]
1123          [(i) owner of real property located within the area proposed to be disconnected; and]
1124          [(ii) residence within the area proposed to be disconnected;]
1125          [(e) by delivering a copy of the request to the legislative body of the county in which
1126     the area proposed for disconnection is located; and]
1127          [(f) if the municipality has a website, on the municipality's website for three weeks
1128     before the day of the public hearing.]
1129          (4) A municipal legislative body may bill the petitioner for the cost of preparing,
1130     printing, and publishing the notice required under Subsection (3).
1131          Section 15. Section 10-2-502.5 is amended to read:
1132          10-2-502.5. Hearing on request for disconnection -- Notice -- Determination by
1133     municipal legislative body -- Petition in district court.
1134          (1) No sooner than three weeks after notice is provided under Subsection 10-2-501(3),
1135     the legislative body of the municipality in which the area proposed for disconnection is located
1136     shall hold a public hearing.
1137          (2) The municipal legislative body shall provide notice of the public hearing:
1138          (a) at least seven days before the hearing date, in writing to the petitioner and to the
1139     legislative body of the county in which the area proposed for disconnection is located; and
1140          (b) for the municipality, as a class B notice under Section 63G-28-102, for at least 10
1141     days before the hearing date.

1142          [(b) (i) at least seven days before the hearing date, by posting one notice, and at least
1143     one additional notice per 2,000 population of the municipality, in places within the
1144     municipality that are most likely to give notice to residents within, and the owners of real
1145     property located within, the municipality, subject to a maximum of 10 notices; or]
1146          [(ii) at least 10 days before the hearing date, by mailing notice to each residence within,
1147     and each owner of real property located within, the municipality;]
1148          [(c) by posting notice on the Utah Public Notice Website, created in Section
1149     63A-16-601, for seven days before the hearing date; and]
1150          [(d) if the municipality has a website, by posting notice on the municipality's website
1151     for seven days before the hearing date.]
1152          (3) In the public hearing, any person may speak and submit documents regarding the
1153     disconnection proposal.
1154          (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
1155          (a) determine whether to grant the request for disconnection; and
1156          (b) if the municipality determines to grant the request, adopt an ordinance approving
1157     disconnection of the area from the municipality.
1158          (5) (a) A petition against the municipality challenging the municipal legislative body's
1159     determination under Subsection (4) may be filed in district court by:
1160          (i) the petitioner; or
1161          (ii) the county in which the area proposed for disconnection is located.
1162          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
1163     disconnection.
1164          Section 16. Section 10-2-607 is amended to read:
1165          10-2-607. Notice of election.
1166          If the county legislative bodies find that the resolution or petition for consolidation and
1167     their attachments substantially conform with the requirements of this part, the county
1168     legislative bodies shall, for at least four weeks before the day of the election, publish notice of
1169     the election for consolidation [to the voters of], as a class A notice under Section 63G-28-102,
1170     for each municipality that would become part of the consolidated municipality[:].
1171          [(1) (a) at least four weeks before the day of the election, by posting one notice, and at
1172     least one additional notice per 2,000 population of the municipality, in places within the

1173     municipality that are most likely to give notice to the voters in the municipality; or]
1174          [(b) at least four weeks before the day of the election, by mailing notice to each
1175     registered voter in the municipality;]
1176          [(2) on the Utah Public Notice Website created in Section 63A-16-601, for at least four
1177     weeks before the day of the election; and]
1178          [(3) if the municipality has a website, on the municipality's website for at least four
1179     weeks before the day of the election.]
1180          Section 17. Section 10-2-703 is amended to read:
1181          10-2-703. Providing notice of election.
1182          (1) Immediately after setting the date for the election, the court shall order for notice to
1183     be provided of the:
1184          (a) petition; and
1185          (b) date the election is to be held to determine the question of dissolution.
1186          (2) The notice described in Subsection (1) shall be provided[:] for the municipality, as
1187     a class A notice under Section 63G-28-102, for at least one month before the day of the
1188     election.
1189          [(a) (i) at least four weeks before the day of the election, by posting one notice, and at
1190     least one additional notice per 2,000 population of the municipality, in places within the
1191     municipality that are most likely to give notice to the voters in the municipality, subject to a
1192     maximum of 10 notices; or]
1193          [(ii) at least one month before the day of the election, by mailing notice to each
1194     registered voter in the municipality;]
1195          [(b) by posting notice on the Utah Public Notice Website, created in Section
1196     63A-16-601, for four weeks before the day of the election; and]
1197          [(c) if the municipality has a website, by posting notice on the municipality's website
1198     for four weeks before the day of the election.]
1199          Section 18. Section 10-2-708 is amended to read:
1200          10-2-708. Notice of disincorporation.
1201          When a municipality has been dissolved, the clerk of the court shall provide notice of
1202     the dissolution[:] for the county, as a class B notice under Section 63G-28-102, for at least four
1203     weeks.

1204          [(1) (a) by posting one notice, and at least one additional notice per 2,000 population of
1205     the county in places within the county that are most likely to give notice to the residents within,
1206     and the owners of real property located within, the county, including the residents and owners
1207     within the municipality that is dissolved, subject to a maximum of 10 notices; or]
1208          [(b) by mailing notice to each residence within, and each owner of real property located
1209     within, the county;]
1210          [(2) by posting notice on the Utah Public Notice Website, created in Section
1211     63A-16-601, for four weeks;]
1212          [(3) if the municipality has a website, by posting notice on the municipality's website
1213     for four weeks; and]
1214          [(4) by posting notice on the county's website for four weeks.]
1215          Section 19. Section 10-2a-207 is amended to read:
1216          10-2a-207. Public hearings on feasibility study results -- Exclusions of property
1217     from proposed municipality -- Notice of hearings.
1218          (1) As used in this section, "specified landowner" means the same as that term is
1219     defined in Section 10-2a-203.
1220          (2) If the results of the feasibility study or supplemental feasibility study comply with
1221     Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the
1222     feasibility study or supplemental feasibility study, conduct two public hearings in accordance
1223     with this section.
1224          (3) (a) If an area proposed for incorporation is approved for annexation after the
1225     feasibility study or supplemental feasibility study is conducted but before the lieutenant
1226     governor conducts the first public hearing under Subsection (4), the lieutenant governor may
1227     not conduct the first public hearing under Subsection (4) unless:
1228          (i) the sponsors of the feasibility study file a modified request for a feasibility study in
1229     accordance with Section 10-2a-206; and
1230          (ii) the results of the supplemental feasibility study comply with Subsection
1231     10-2a-205(6)(a).
1232          (b) For purposes of Subsection (3)(a), an area is approved for annexation if a condition
1233     described in Subsection 10-2a-206(1)(a)(iv) occurs.
1234          (4) The lieutenant governor shall conduct the first public hearing:

1235          (a) within 60 days after the day on which the lieutenant governor receives the results
1236     under Subsection (2) or (3)(a)(ii);
1237          (b) within or near the proposed municipality;
1238          (c) to allow the feasibility consultant to present the results of the feasibility study; and
1239          (d) to inform the public about the results of the feasibility study.
1240          (5) (a) Within 30 calendar days after the day on which the lieutenant governor
1241     completes the first public hearing under Subsection (4), a specified landowner may request that
1242     the lieutenant governor exclude all or part of the property owned by the specified landowner
1243     from the proposed incorporation by filing a notice of exclusion with the Office of the
1244     Lieutenant Governor that describes the property for which the specified landowner requests
1245     exclusion.
1246          (b) The lieutenant governor shall exclude the property identified by a specified
1247     landowner under Subsection (5)(a) from the proposed incorporation boundaries unless the
1248     lieutenant governor finds by clear and convincing evidence that:
1249          (i) the exclusion will leave an unincorporated island within the proposed municipality;
1250     and
1251          (ii) the property receives from the county a majority of currently provided municipal
1252     services.
1253          (c) (i) Within five days after the day on which the lieutenant governor determines
1254     whether to exclude property under Subsection (5)(b), the lieutenant governor shall mail or
1255     transmit written notice of whether the property is included or excluded from the proposed
1256     municipality to:
1257          (A) the specified landowner that requested the property's exclusion; and
1258          (B) the contact sponsor.
1259          (ii) If the lieutenant governor makes a determination to include a property under
1260     Subsection (5)(b), the lieutenant governor shall include, in the written notice described in
1261     Subsection (5)(c)(i), a detailed explanation of the lieutenant governor's determination.
1262          (d) (i) If the lieutenant governor excludes property from the proposed municipality
1263     under Subsection (5)(b), or if an area proposed for incorporation is approved for annexation
1264     within the time period for a specified landowner to request an exclusion under Subsection
1265     (5)(a), the lieutenant governor may not conduct the second public hearing under Subsection (6),

1266     unless:
1267          (A) the sponsors of the feasibility study file a modified request for a feasibility study in
1268     accordance with Section 10-2a-206; and
1269          (B) the results of the supplemental feasibility study comply with Subsection
1270     10-2a-205(6)(a).
1271          (ii) For purposes of Subsection (5)(d)(i), an area is approved for annexation if a
1272     condition described in Subsection 10-2a-206(1)(a)(iv) occurs.
1273          (6) The lieutenant governor shall conduct the second public hearing:
1274          (a) (i) within 30 days after the day on which the time period described in Subsection
1275     (5)(a) expires, if Subsection (5)(d) does not apply; or
1276          (ii) within 30 days after the day on which the lieutenant governor receives the results of
1277     the supplemental feasibility study described in Subsection (5)(d)(i)(B), if Subsection (5)(d)
1278     applies;
1279          (b) within or near the proposed municipality; and
1280          (c) to allow the feasibility consultant to present the results of and inform the public
1281     about:
1282          (i) the feasibility study presented to the public in the first public hearing under
1283     Subsection (4), if Subsection (5)(d) does not apply; or
1284          (ii) the supplemental feasibility study described in Subsection (5)(d)(i)(B), if
1285     Subsection (5)(d) applies.
1286          (7) At each public hearing required under this section, the lieutenant governor shall:
1287          (a) provide a map or plat of the boundary of the proposed municipality;
1288          (b) provide a copy of the applicable feasibility study for public review;
1289          (c) allow members of the public to express views about the proposed incorporation,
1290     including views about the proposed boundaries; and
1291          (d) allow the public to ask the feasibility consultant questions about the applicable
1292     feasibility study.
1293          (8) The lieutenant governor shall publish notice of each public hearing required under
1294     this section[:] for the proposed municipality, as a class B notice under Section 63G-28-102, for
1295     at least three weeks before the day of the public hearing.
1296          [(a) (i) at least three weeks before the day of the public hearing, by posting one notice,

1297     and at least one additional notice per 2,000 population of the proposed municipality, in places
1298     within the proposed municipality that are most likely to give notice to the residents within, and
1299     the owners of real property located within, the proposed municipality; or]
1300          [(ii) at least three weeks before the public hearing, by mailing notice to each residence
1301     within, and each owner of real property located within, the proposed municipality;]
1302          [(b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
1303     before the day of the public hearing; and]
1304          [(c) on the lieutenant governor's website for three weeks before the day of the public
1305     hearing.]
1306          (9) (a) Except as provided in Subsection (9)(b), the notice described in Subsection (8)
1307     shall:
1308          (i) include the feasibility study summary described in Subsection 10-2a-205(3)(c);
1309          (ii) indicate that a full copy of the study is available on the lieutenant governor's
1310     website and for inspection at the Office of the Lieutenant Governor; and
1311          (iii) indicate that under no circumstances may property be excluded or annexed from
1312     the proposed incorporation after the time period specified in Subsection (5)(a) has expired, if
1313     the notice is for the first public hearing under Subsection (4).
1314          (b) Instead of publishing the feasibility summary under Subsection (9)(a)(i), the
1315     lieutenant governor may publish a statement that specifies the following sources where a
1316     resident within, or the owner of real property located within, the proposed municipality, may
1317     view or obtain a copy of the feasibility study:
1318          (i) the lieutenant governor's website;
1319          (ii) the physical address of the Office of the Lieutenant Governor; and
1320          (iii) a mailing address and telephone number.
1321          Section 20. Section 10-2a-210 is amended to read:
1322          10-2a-210. Incorporation election -- Notice of election -- Voter information
1323     pamphlet.
1324          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1325     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1326     described in the petition to be held on the date of the next regular general election described in
1327     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that

1328     is at least 65 days after the day on which the lieutenant governor certifies the petition.
1329          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1330     which the proposed municipality is located to hold the election on the date that the lieutenant
1331     governor schedules under Subsection (1)(a).
1332          (ii) The county shall hold the election as directed by the lieutenant governor under
1333     Subsection (1)(b)(i).
1334          (2) The county clerk shall provide notice of the election[:] for the area proposed to be
1335     incorporated, as a class B notice under Section 63G-28-102, for at least three weeks before the
1336     day of the election.
1337          [(a) (i) by publishing notice in a newspaper of general circulation within the area
1338     proposed to be incorporated at least once a week for three successive weeks before the
1339     election;]
1340          [(ii) at least three weeks before the day of the election, by posting one notice, and at
1341     least one additional notice per 2,000 population of the area proposed to be incorporated, in
1342     places within the area proposed to be incorporated that are most likely to give notice to the
1343     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or]
1344          [(iii) at least three weeks before the day of the election, by mailing notice to each
1345     registered voter in the area proposed to be incorporated;]
1346          [(b) by posting notice on the Utah Public Notice Website, created in Section
1347     63A-16-601, for three weeks before the day of the election;]
1348          [(c) if the proposed municipality has a website, by posting notice on the proposed
1349     municipality's website for three weeks before the day of the election; and]
1350          [(d) by posting notice on the county's website for three weeks before the day of the
1351     election.]
1352          (3) (a) The notice required by Subsection (2) shall contain:
1353          (i) a statement of the contents of the petition;
1354          (ii) a description of the area proposed to be incorporated as a municipality;
1355          (iii) a statement of the date and time of the election and the location of polling places;
1356     and
1357          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1358     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the

1359     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1360          (b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice
1361     may include a statement that specifies the following sources where a registered voter in the area
1362     proposed to be incorporated may view or obtain a copy of the feasibility study:
1363          (i) the lieutenant governor's website;
1364          (ii) the physical address of the Office of the Lieutenant Governor; and
1365          (iii) a mailing address and telephone number.
1366          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1367     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1368          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1369          (ii) in consultation with the lieutenant governor; and
1370          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1371     (4)(a)(i) and (ii).
1372          (b) The voter information pamphlet described in Subsection (4)(a):
1373          (i) shall inform the public of the proposed incorporation; and
1374          (ii) may include written statements, printed in the same font style and point size, from
1375     proponents and opponents of the proposed incorporation.
1376          (5) An individual may not vote in an incorporation election under this section unless
1377     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1378     boundaries of the proposed municipality.
1379          (6) If a majority of those who vote in an incorporation election held under this section
1380     cast votes in favor of incorporation, the area shall incorporate.
1381          Section 21. Section 10-2a-213 is amended to read:
1382          10-2a-213. Determination of number of council members -- Determination of
1383     election districts -- Hearings and notice.
1384          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1385     after the day on which the county conducts the canvass of the election under Section
1386     10-2a-212:
1387          (a) for the incorporation of a city:
1388          (i) if the voters at the incorporation election choose the council-mayor form of
1389     government, determine the number of council members that will constitute the city council of

1390     the city; and
1391          (ii) if the voters at the incorporation election vote to elect council members by district,
1392     determine the number of council members to be elected by district and draw the boundaries of
1393     those districts, which shall be substantially equal in population; and
1394          (b) for the incorporation of any municipality:
1395          (i) determine the initial terms of the mayor and members of the municipal council so
1396     that:
1397          (A) the mayor and approximately half the members of the municipal council are
1398     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1399     successors to serve a full four-year term that coincides with the schedule established in
1400     Subsection 10-3-205(1); and
1401          (B) the remaining members of the municipal council are elected to serve an initial
1402     term, of no less than one year, that allows the members' successors to serve a full four-year
1403     term that coincides with the schedule established in Subsection 10-3-205(2); and
1404          (ii) submit in writing to the county legislative body the results of the determinations
1405     made by the sponsors under Subsections (1)(a) and (b)(i).
1406          (2) A newly incorporated town shall operate under the five-member council form of
1407     government as defined in Section 10-3b-102.
1408          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1409     sponsors shall hold a public hearing within the future municipality on the applicable issues
1410     described in Subsections (1)(a) and (b)(i).
1411          (4) The [petition sponsors shall] county clerk shall provide notice of the public hearing
1412     described in Subsection (3):
1413          [(a) (i) at least two weeks before the day of the public hearing, by posting one notice,
1414     and at least one additional notice per 2,000 population of the future municipality, in places
1415     within the future municipality that are most likely to give notice to the residents within, and the
1416     owners of real property located within, the future municipality, subject to a maximum of 10
1417     notices; or]
1418          [(ii) at least two weeks before the day of the public hearing, by mailing notice to each
1419     residence within, and each owner of real property located within, the future municipality;]
1420          [(b)] (a) [by posting notice on the Utah Public Notice Website, created in Section

1421     63A-16-601,] for the future municipality, as a class B notice under Section 63G-28-102, for
1422     two weeks before the day of the public hearing; and
1423          [(c)] (b) if the future municipality has a website, by posting notice on the future
1424     municipality's website for two weeks before the day of the public hearing[; and].
1425          [(d) by posting notice on the county's website for two weeks before the day of the
1426     public hearing.]
1427          (5) The county clerk may bill the petition sponsors for the cost of preparing, printing,
1428     and publishing the notice described in Subsection (4).
1429          Section 22. Section 10-2a-214 is amended to read:
1430          10-2a-214. Notice of number of commission or council members to be elected and
1431     of district boundaries -- Declaration of candidacy for municipal office.
1432          (1) Within 20 days after the day on which a county legislative body receives the
1433     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1434     provide a notice, in accordance with Subsection (2), containing:
1435          (a) the number of municipal council members to be elected for the new municipality;
1436          (b) except as provided in Subsection (3), if some or all of the municipal council
1437     members are to be elected by district, a description of the boundaries of those districts;
1438          (c) information about the deadline for an individual to file a declaration of candidacy to
1439     become a candidate for mayor or municipal council; and
1440          (d) information about the length of the initial term of each of the municipal officers.
1441          (2) The county clerk shall provide the notice described in Subsection (1)[:] for the
1442     future municipality, as a class B notice under Section 63G-28-102, for two weeks.
1443          [(a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1444     the future municipality, in places within the future municipality that are most likely to give
1445     notice to the residents in the future municipality, subject to a maximum of 10 notices; or]
1446          [(ii) by mailing notice to each residence in the future municipality;]
1447          [(b) by posting notice on the Utah Public Notice Website, created in Section
1448     63A-16-601, for two weeks;]
1449          [(c) if the future municipality has a website, by posting notice on the future
1450     municipality's website for two weeks; and]
1451          [(d) by posting notice on the county's website for two weeks.]

1452          (3) Instead of including a description of the district boundaries under Subsection (1)(b),
1453     the notice may include a statement that specifies the following sources where a resident of the
1454     future municipality may view or obtain a copy of the district boundaries:
1455          (a) the county website;
1456          (b) the physical address of the county offices; and
1457          (c) a mailing address and telephone number.
1458          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1459     candidate for mayor or municipal council of a municipality incorporating under this part shall
1460     file a declaration of candidacy with the clerk of the county in which the future municipality is
1461     located and in accordance with:
1462          (a) for an incorporation held on the date of a regular general election, the deadlines for
1463     filing a declaration of candidacy under Section 20A-9-202; or
1464          (b) for an incorporation held on the date of a municipal general election, the deadlines
1465     for filing a declaration of candidacy under Section 20A-9-203.
1466          Section 23. Section 10-2a-215 is amended to read:
1467          10-2a-215. Election of officers of new municipality -- Primary and final election
1468     dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of
1469     office.
1470          (1) For the election of municipal officers, the county legislative body shall:
1471          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1472     primary election; and
1473          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1474     final election.
1475          (2) Each election described in Subsection (1) shall be held:
1476          (a) consistent with the petition sponsors' determination of the length of each council
1477     member's initial term; and
1478          (b) for the incorporation of a city:
1479          (i) appropriate to the form of government chosen by the voters at the incorporation
1480     election;
1481          (ii) consistent with the voters' decision about whether to elect city council members by
1482     district and, if applicable, consistent with the boundaries of those districts as determined by the

1483     petition sponsors; and
1484          (iii) consistent with the sponsors' determination of the number of city council members
1485     to be elected.
1486          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1487     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1488          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1489          (ii) municipal primary election described in Section 20A-9-404.
1490          (b) The county shall hold the primary election, if necessary, on the next election date
1491     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1492     10-2a-210.
1493          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1494     Subsection (1)(b):
1495          (i) on the following election date that next follows the date of the incorporation
1496     election held under Subsection 10-2a-210(1)(a);
1497          (ii) a regular general election described in Section 20A-1-201; or
1498          (iii) a regular municipal general election under Section 20A-1-202.
1499          (b) The county shall hold the final election on the earliest of the next election date that
1500     is listed in Subsection (4)(a)(i), (ii), or (iii):
1501          (i) that is after a primary election; or
1502          (ii) if there is no primary election, that is at least:
1503          (A) 75 days after the incorporation election under Section 10-2a-210; and
1504          (B) 65 days after the candidate filing period.
1505          (5) The county clerk shall provide notice of an election under this section[:] for the
1506     future municipality, as a class A notice under Section 63G-28-102, for at least two weeks
1507     before the day of the election.
1508          [(a) (i) at least two weeks before the day of the election, by posting one notice, and at
1509     least one additional notice per 2,000 population of the future municipality, in places within the
1510     future municipality that are most likely to give notice to the voters within the future
1511     municipality, subject to a maximum of 10 notices; or]
1512          [(ii) at least two weeks before the day of the election, by mailing notice to each
1513     registered voter within the future municipality;]

1514          [(b) by posting notice on the Utah Public Notice Website, created in Section
1515     63A-16-601, for two weeks before the day of the election;]
1516          [(c) if the future municipality has a website, by posting notice on the future
1517     municipality's website for two weeks before the day of the election; and]
1518          [(d) by posting notice on the county's website for two weeks before the day of the
1519     election.]
1520          (6) Until the municipality is incorporated, the county clerk:
1521          (a) is the election officer for all purposes related to the election of municipal officers;
1522          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1523     related to the election of municipal officers for a new municipality that are not otherwise
1524     contrary to law;
1525          (c) shall require and determine deadlines for municipal office candidates to file
1526     campaign financial disclosures in accordance with Section 10-3-208; and
1527          (d) shall ensure that the ballot for the election includes each office that is required to be
1528     included in the election for officers of the newly incorporated municipality, including the term
1529     of each office.
1530          (7) An individual who has filed as a candidate for an office described in this section
1531     shall comply with:
1532          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1533          (b) the requirements and deadlines established by the county clerk under this section.
1534          (8) Notwithstanding Section 10-3-201, the officers elected at a final election described
1535     in Subsection (4)(a) shall take office:
1536          (a) after taking the oath of office; and
1537          (b) at noon on the first Monday following the day on which the election official
1538     transmits a certificate of nomination or election under the officer's seal to each elected
1539     candidate in accordance with Subsection 20A-4-304(4)(b).
1540          Section 24. Section 10-2a-404 is amended to read:
1541          10-2a-404. Election -- Notice.
1542          (1) (a) Notwithstanding Section 20A-1-203, a county of the first class shall hold a local
1543     special election on November 3, 2015, on the following ballot propositions:
1544          (i) for registered voters residing within a planning township:

1545          (A) whether the planning township shall be incorporated as a city or town, according to
1546     the classifications of Section 10-2-301, or as a metro township; and
1547          (B) if the planning township incorporates as a metro township, whether the metro
1548     township is included in a municipal services district; and
1549          (ii) for registered voters residing within an unincorporated island, whether the island
1550     should maintain its unincorporated status or be annexed into an eligible city.
1551          (b) (i) A metro township incorporated under this part shall be governed by the
1552     five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
1553     Municipal Government.
1554          (ii) A city or town incorporated under this part shall be governed by the five-member
1555     council form of government as defined in Section 10-3b-102.
1556          (2) Unless a person is a registered voter who resides, as defined in Section 20A-1-102,
1557     within the boundaries of a planning township or an unincorporated island, the person may not
1558     vote on the proposed incorporation or annexation.
1559          (3) The county clerk shall post notice of the election [on the Utah Public Notice
1560     Website, created in Section 63A-16-601,] for the planning township or unincorporated island,
1561     as a class A notice under Section 63G-28-102, for three weeks before the election date.
1562          (4) The notice required by Subsection (3) shall contain:
1563          (a) for residents of a planning township:
1564          (i) a statement that the voters will vote:
1565          (A) to incorporate as a city or town, according to the classifications of Section
1566     10-2-301, or as a metro township; and
1567          (B) if the planning township incorporates as a metro township, whether the metro
1568     township is included in a municipal services district;
1569          (ii) if applicable under Subsection 10-2a-405(5), a map showing the alteration to the
1570     planning township boundaries that would be effective upon incorporation;
1571          (iii) a statement that if the residents of the planning township elect to incorporate:
1572          (A) as a metro township, the metro township shall be governed by a five-member
1573     metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
1574     of Municipal Government; or
1575          (B) as a city or town, the city or town shall be governed by the five-member council

1576     form of government as defined in Section 10-3b-102; and
1577          (iv) a statement of the date and time of the election and the location of polling places;
1578          (b) for residents of an unincorporated island:
1579          (i) a statement that the voters will vote either to be annexed into an eligible city or
1580     maintain unincorporated status; and
1581          (ii) a statement of the eligible city, as determined by the county legislative body in
1582     accordance with Section 10-2a-405, the unincorporated island may elect to be annexed by; and
1583          (c) a statement of the date and time of the election and the location of polling places.
1584          [(5) (a) In addition to the notice required under Subsection (3), the county clerk shall
1585     post at least one notice of the election per 1,000 population in conspicuous places within the
1586     planning township or unincorporated island that are most likely to give notice of the election to
1587     the voters of the proposed incorporation or annexation, subject to a maximum of 10 notices.]
1588          [(b) The clerk shall post the notices under Subsection (5)(a) at least seven days before
1589     the election under Subsection (1).]
1590          [(6)] (5) (a) In a planning township, if a majority of those casting votes within the
1591     planning township vote to:
1592          (i) incorporate as a city or town, the planning township shall incorporate as a city or
1593     town, respectively; or
1594          (ii) incorporate as a metro township, the planning township shall incorporate as a metro
1595     township.
1596          (b) If a majority of those casting votes within the planning township vote to incorporate
1597     as a metro township, and a majority of those casting votes vote to include the metro township
1598     in a municipal services district and limit the metro township's municipal powers, the metro
1599     township shall be included in a municipal services district and have limited municipal powers.
1600          (c) In an unincorporated island, if a majority of those casting a vote within the selected
1601     unincorporated island vote to:
1602          (i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
1603          (ii) remain an unincorporated area, the area shall remain unincorporated.
1604          [(7)] (6) The county shall, in consultation with interested parties, prepare and provide
1605     information on an annexation or incorporation subject to this part and an election held in
1606     accordance with this section.

1607          Section 25. Section 10-2a-405 is amended to read:
1608          10-2a-405. Duties of county legislative body -- Public hearing -- Notice -- Other
1609     election and incorporation issues -- Rural real property excluded.
1610          (1) The legislative body of a county of the first class shall before an election described
1611     in Section 10-2a-404:
1612          (a) in accordance with Subsection (3), provide notice of the public hearing described in
1613     Subsection (1)(b);
1614          (b) hold a public hearing; and
1615          (c) at the public hearing, adopt a resolution:
1616          (i) identifying, including a map prepared by the county surveyor, all unincorporated
1617     islands within the county;
1618          (ii) identifying each eligible city that will annex each unincorporated island, including
1619     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1620     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1621     and
1622          (iii) identifying, including a map prepared by the county surveyor, the planning
1623     townships within the county and any changes to the boundaries of a planning township that the
1624     county legislative body proposes under Subsection (5).
1625          (2) The county legislative body shall exclude from a resolution adopted under
1626     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1627     consent to include the property in accordance with Subsection (7).
1628          (3) (a) The county clerk shall provide notice of the public hearing described in
1629     Subsection (1)(b)[:] for the unincorporated island or planning township, as a class B notice
1630     under Section 63G-28-102, for at least 15 days before the day of the public hearing.
1631          [(i) by mailing notice to each owner of real property located in an unincorporated
1632     island or planning township no later than 15 days before the day of the public hearing;]
1633          [(ii) by posting notice on the Utah Public Notice Website, created in Section
1634     63A-16-601, for three weeks before the day of the public hearing; and]
1635          [(iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
1636     places within the selected unincorporated island, eligible city, or planning township, as
1637     applicable, that are most likely to give notice of the hearing to the residents of the

1638     unincorporated island, eligible city, or planning township, subject to a maximum of 10
1639     notices.]
1640          [(b) The clerk shall post the notices under Subsection (3)(a)(iii) at least seven days
1641     before the hearing under Subsection (1)(b).]
1642          [(c)] (b) The notice under Subsection (3)(a) shall include:
1643          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1644     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1645     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1646     the eligible city or cities; or
1647          (B) for residents of a planning township, a statement that the property in the planning
1648     township shall be, pending the results of the election held under Section 10-2a-404,
1649     incorporated as a city, town, or metro township;
1650          (ii) the location and time of the public hearing; and
1651          (iii) the county website where a map may be accessed showing:
1652          (A) how the unincorporated island boundaries will change if annexed by an eligible
1653     city; or
1654          (B) how the planning township area boundaries will change, if applicable under
1655     Subsection (5), when the planning township incorporates as a metro township or as a city or
1656     town.
1657          [(d)] (c) The county clerk shall publish a map described in Subsection [(3)(c)(iii)]
1658     (3)(b)(iii) on the county website.
1659          (4) The county legislative body may, by ordinance or resolution adopted at a public
1660     meeting and in accordance with applicable law, resolve an issue that arises with an election
1661     held in accordance with this part or the incorporation and establishment of a metro township in
1662     accordance with this part.
1663          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1664     meeting, change the boundaries of a planning township.
1665          (b) A change to a planning township boundary under this Subsection (5) is effective
1666     only upon the vote of the residents of the planning township at an election under Section
1667     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1668     boundaries of the planning township before the election.

1669          (c) The county legislative body:
1670          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1671     alteration:
1672          (A) affects less than 5% of the residents residing within the planning advisory area; and
1673          (B) does not increase the area located within the planning township's boundaries; and
1674          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1675     surrounded by one or more municipalities.
1676          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1677     annexation or an incorporation process that, if approved, would change the boundaries of a
1678     planning township.
1679          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1680          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
1681          (ii) that does not include residential units with a density greater than one unit per acre.
1682          (b) Unless an owner of rural real property gives written consent to a county legislative
1683     body, rural real property described in Subsection (7)(c) may not be:
1684          (i) included in a planning township identified under Subsection (1)(c); or
1685          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1686     part.
1687          (c) The following rural real property is subject to an owner's written consent under
1688     Subsection (7)(b):
1689          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1690     consisting of one or more tax parcels;
1691          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1692     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1693     more tax parcels;
1694          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1695     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1696     contiguous acres of rural real property consisting of one or more tax parcels; or
1697          (iv) rural real property that is located in whole or in part in one of the following as
1698     defined in Section 17-41-101:
1699          (A) an agricultural protection area;

1700          (B) an industrial protection area; or
1701          (C) a mining protection area.
1702          Section 26. Section 10-2a-410 is amended to read:
1703          10-2a-410. Determination of metro township districts -- Determination of metro
1704     township or city initial officer terms -- Adoption of proposed districts -- Notice.
1705          (1) (a) If a metro township with a population of 10,000 or more is incorporated in
1706     accordance with an election held under Section 10-2a-404:
1707          (i) each of the five metro township council members shall be elected by district; and
1708          (ii) the boundaries of the five council districts for election and the terms of office shall
1709     be designated and determined in accordance with this section.
1710          (b) If a metro township with a population of less than 10,000 or a town is incorporated
1711     at an election held in accordance with Section 10-2a-404, the five council members shall be
1712     elected at-large for terms as designated and determined in accordance with this section.
1713          (c) If a city is incorporated at an election held in accordance with Section 10-2a-404:
1714          (i) (A) the four members of the council district who are not the mayor shall be elected
1715     by district; and
1716          (B) the boundaries of the four council districts for election and the term of office shall
1717     be designated and determined in accordance with this section; and
1718          (ii) the mayor shall be elected at-large for a term designated and determined in
1719     accordance with this section.
1720          (2) (a) No later than 90 days after the election day on which the metro township, city,
1721     or town is successfully incorporated under this part, the legislative body of the county in which
1722     the metro township, city, or town is located shall adopt by resolution:
1723          (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
1724     the council terms for a length of time in accordance with this section; and
1725          (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
1726     the five council districts; and
1727          (B) for a city, the boundaries of the four council districts.
1728          (b) (i) For each metro township, city, or town, the county legislative body shall set the
1729     initial terms of the members of the metro township council, city council, or town council so
1730     that:

1731          (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the
1732     council, including the mayor in the case of a city, are elected to serve an initial term, of no less
1733     than one year, that allows their successors to serve a full four-year term that coincides with the
1734     schedule established in Subsection 10-3-205(1); and
1735          (B) the remaining members of the council are elected to serve an initial term, of no less
1736     than one year, that allows their successors to serve a full four-year term that coincides with the
1737     schedule established in Subsection 10-3-205(2).
1738          (ii) For a city that incorporated in a county of the first class in 2016, the term of office
1739     for the office of mayor is:
1740          (A) three years for the initial term of office; and
1741          (B) four years for each subsequent term of office.
1742          (iii) For a metro township with a population of 10,000 or more, the county legislative
1743     body shall divide the metro township into five council districts that comply with Section
1744     10-3-205.5.
1745          (iv) For a city, the county legislative body shall divide the city into four council
1746     districts that comply with Section 10-3-205.5.
1747          (3) (a) Within 20 days of the county legislative body's adoption of a resolution under
1748     Subsection (2), the county clerk shall provide a notice, in accordance with Subsection (3)(b),
1749     containing:
1750          (i) if applicable, a description of the boundaries, as designated in the resolution, of:
1751          (A) for a metro township with a population of 10,000 or more, the metro township
1752     council districts; or
1753          (B) the city council districts;
1754          (ii) information about the deadline for filing a declaration of candidacy for those
1755     seeking to become candidates for metro township council, city council, town council, or city
1756     mayor, respectively; and
1757          (iii) information about the length of the initial term of city mayor or each of the metro
1758     township, city, or town council offices, as described in the resolution.
1759          (b) The county clerk shall provide the notice required under Subsection (3)(a)[:] for the
1760     future metro township, as a class A notice under Section 63G-28-102, for at least seven days
1761     before the deadline for filing a declaration of candidacy under Subsection (4).

1762          [(i) by posting notice on the Utah Public Notice Website, created in Section
1763     63A-16-601, for two weeks; and]
1764          [(ii) by posting at least one notice per 1,000 population in conspicuous places within
1765     the future metro township, city, or town that are most likely to give notice to the residents of
1766     the future metro township, city, or town, subject to a maximum of 10 notices.]
1767          (c) The notice under Subsection [(3)(b)(ii)] (3)(b) shall contain the information
1768     required under Subsection (3)(a).
1769          [(d) The county clerk shall post the notices under Subsection (3)(b)(ii) at least seven
1770     days before the deadline for filing a declaration of candidacy under Subsection (4).]
1771          (4) A person seeking to become a candidate for metro township, city, or town council
1772     or city mayor shall, in accordance with Section 20A-9-202, file a declaration of candidacy with
1773     the clerk of the county in which the metro township, city, or town is located for an election
1774     described in Section 10-2a-411.
1775          Section 27. Section 10-3-301 is amended to read:
1776          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
1777     office -- Mayor and recorder limitations.
1778          (1) As used in this section:
1779          (a) "Absent" means that an elected municipal officer fails to perform official duties,
1780     including the officer's failure to attend each regularly scheduled meeting that the officer is
1781     required to attend.
1782          (b) "Principal place of residence" means the same as that term is defined in Section
1783     20A-2-105.
1784          (c) "Secondary residence" means a place where an individual resides other than the
1785     individual's principal place of residence.
1786          (2) (a) On or before May 1 in a year in which there is a municipal general election, the
1787     municipal clerk shall publish a notice that identifies:
1788          (i) the municipal offices to be voted on in the municipal general election; and
1789          (ii) the dates for filing a declaration of candidacy for the offices identified under
1790     Subsection (2)(a)(i).
1791          (b) The municipal clerk shall publish the notice described in Subsection (2)(a)[:] for
1792     the municipality, as a class A notice under Section 63G-28-102, for at least seven days.

1793          [(i) on the Utah Public Notice Website established by Section 63A-16-601; and]
1794          [(ii) in at least one of the following ways:]
1795          [(A) at the principal office of the municipality;]
1796          [(B) in a newsletter produced by the municipality;]
1797          [(C) on a website operated by the municipality; or]
1798          [(D) with a utility enterprise fund customer's bill.]
1799          (3) (a) An individual who files a declaration of candidacy for a municipal office shall
1800     comply with the requirements described in Section 20A-9-203.
1801          (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
1802     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
1803     Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
1804          (A) Saturday or Sunday; or
1805          (B) state holiday as listed in Section 63G-1-301.
1806          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
1807     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
1808     (3)(b)(i) without maintaining office hours by:
1809          (A) posting the recorder's or clerk's contact information, including a phone number and
1810     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
1811     and, if available, on the municipal website; and
1812          (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
1813     via the contact information described in Subsection (3)(b)(ii)(A).
1814          (4) An individual elected to municipal office shall be a registered voter in the
1815     municipality in which the individual is elected.
1816          (5) (a) Each elected officer of a municipality shall maintain a principal place of
1817     residence within the municipality, and within the district that the elected officer represents,
1818     during the officer's term of office.
1819          (b) Except as provided in Subsection (6), an elected municipal office is automatically
1820     vacant if the officer elected to the municipal office, during the officer's term of office:
1821          (i) establishes a principal place of residence outside the district that the elected officer
1822     represents;
1823          (ii) resides at a secondary residence outside the district that the elected officer

1824     represents for a continuous period of more than 60 days while still maintaining a principal
1825     place of residence within the district;
1826          (iii) is absent from the district that the elected officer represents for a continuous period
1827     of more than 60 days; or
1828          (iv) fails to respond to a request, within 30 days after the day on which the elected
1829     officer receives the request, from the county clerk or the lieutenant governor seeking
1830     information to determine the officer's residency.
1831          (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
1832     consent of the municipal legislative body in accordance with Subsection (6)(b) before the
1833     expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
1834          (i) reside at a secondary residence outside the district that the elected officer represents
1835     while still maintaining a principal place of residence within the district for a continuous period
1836     of up to one year during the officer's term of office; or
1837          (ii) be absent from the district that the elected officer represents for a continuous period
1838     of up to one year during the officer's term of office.
1839          (b) At a public meeting, the municipal legislative body may give the consent described
1840     in Subsection (6)(a) by majority vote after taking public comment regarding:
1841          (i) whether the legislative body should give the consent; and
1842          (ii) the length of time to which the legislative body should consent.
1843          (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
1844     treasurer.
1845          (b) The recorder of a municipality may not also serve as the municipal treasurer.
1846          (c) An individual who holds a county elected office may not, at the same time, hold a
1847     municipal elected office.
1848          (d) The restriction described in Subsection (7)(c) applies regardless of whether the
1849     individual is elected to the office or appointed to fill a vacancy in the office.
1850          Section 28. Section 10-3-711 is amended to read:
1851          10-3-711. Publication and posting of ordinances.
1852          (1) Before an ordinance may take effect, the legislative body of each municipality
1853     adopting an ordinance, except an ordinance enacted under Section 10-3-706, 10-3-707,
1854     10-3-708, 10-3-709, or 10-3-710, shall:

1855          (a) deposit a copy of the ordinance in the office of the municipal recorder; and
1856          (b) [(i)] publish for the municipality a short summary of the ordinance [on the Utah
1857     Public Notice Website created in Section 63A-16-601; or], as a class A notice under Section
1858     63G-28-102.
1859          [(ii) post a complete copy of the ordinance:]
1860          [(A) for a city of the first class, in nine public places within the city; or]
1861          [(B) for any other municipality, in three public places within the municipality.]
1862          (2) (a) Any ordinance, code, or book, other than the state code, relating to building or
1863     safety standards, municipal functions, administration, control, or regulations, may be adopted
1864     and shall take effect without further publication or posting, if reference is made to the code or
1865     book and at least one copy has been filed for use and examination by the public in the office of
1866     the recorder or clerk of the city or town prior to the adoption of the ordinance by the governing
1867     body.
1868          (b) Any state law relating to building or safety standards, municipal functions,
1869     administration, control, or regulations, may be adopted and shall take effect without further
1870     publication or posting if reference is made to the state code.
1871          (c) The ordinance adopting the code or book shall be published in the manner provided
1872     in this section.
1873          Section 29. Section 10-3-818 is amended to read:
1874          10-3-818. Salaries in municipalities -- Notice.
1875          (1) The elective and statutory officers of municipalities shall receive such
1876     compensation for their services as the governing body may fix by ordinance adopting
1877     compensation or compensation schedules enacted after public hearing.
1878          (2) Upon its own motion the governing body may review or consider the compensation
1879     of any officer or officers of the municipality or a salary schedule applicable to any officer or
1880     officers of the city for the purpose of determining whether or not it should be adopted, changed,
1881     or amended. In the event that the governing body decides that the compensation or
1882     compensation schedules should be adopted, changed, or amended, it shall set a time and place
1883     for a public hearing at which all interested persons shall be given an opportunity to be heard.
1884          (3) [(a)] Notice of the time, place, and purpose of the meeting shall be published, for at
1885     least seven days before the day of the meeting [by publication:], for the municipality, as a class

1886     A notice under Section 63G-28-102.
1887          [(i) at least once in a newspaper published in the county within which the municipality
1888     is situated and generally circulated in the municipality; and]
1889          [(ii) on the Utah Public Notice Website created in Section 63A-16-601.]
1890          [(b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
1891     given by posting this notice in three public places in the municipality.]
1892          (4) After the conclusion of the public hearing, the governing body may enact an
1893     ordinance fixing, changing, or amending the compensation of any elective or appointive officer
1894     of the municipality or adopting a compensation schedule applicable to any officer or officers.
1895          (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
1896     establishing a salary or compensation schedule for its elective or appointive officers and any
1897     salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
1898     municipality has enacted an ordinance pursuant to the provisions of this chapter.
1899          (6) The compensation of all municipal officers shall be paid at least monthly out of the
1900     municipal treasury provided that municipalities having 1,000 or fewer population may by
1901     ordinance provide for the payment of its statutory officers less frequently. None of the
1902     provisions of this chapter shall be considered as limiting or restricting the authority to any
1903     municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
1904     Section 5, to determine the salaries of its elective and appointive officers or employees.
1905          Section 30. Section 10-3c-204 is amended to read:
1906          10-3c-204. Taxing authority limited -- Notice.
1907          (1) A metro township may impose:
1908          (a) a municipal energy sales and use tax in accordance with Chapter 1, Part 3,
1909     Municipal Energy Sales and Use Tax Act; or
1910          (b) a municipal telecommunication's license tax in accordance with Chapter 1, Part 4,
1911     Municipal Telecommunications License Tax Act.
1912          (2) (a) Before a metro township enacts a tax described in Subsection (1), the metro
1913     township council shall hold a public hearing:
1914          (i) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.;
1915          (ii) that is open to the public; and
1916          (iii) to allow an individual present to comment on the proposed tax:

1917          (A) within reasonable time limits; and
1918          (B) without unreasonable restriction on the number of individuals permitted to
1919     comment on the proposed tax.
1920          (b) (i) A metro township council shall publish notice of the public hearing described in
1921     Subsection (2)(a)[:] for the metro township, as a class A notice under Section 63G-28-102, for
1922     at least 14 days before the day of the public hearing.
1923          [(A) by mailing notice to each mailing address in the metro township at least 14 days
1924     before the day of the public hearing;]
1925          [(B) by posting notice on the Utah Public Notice Website created in Section
1926     63A-16-601 for each of the 14 days before the day of the public hearing; and]
1927          [(C) if the metro township has a website, by posting notice on the metro township's
1928     website for each of the 14 days before the day of the public hearing.]
1929          (ii) The council of a metro township that is included in a municipal services district
1930     satisfies the requirement described in Subsection [(2)(b)(i)(A)] (2)(b)(i) by mailing notice, at
1931     least 14 days before the day of the public hearing, to each mailing address in the metro
1932     township, using records or information available to the municipal services district in which the
1933     metro township is included.
1934          (c) The notice described in Subsection (2)(b) shall:
1935          (i) state "NOTICE OF PROPOSED TAX" at the top of the notice, in bold upper-case
1936     type no smaller than 18 point;
1937          (ii) indicate the date, time, and location of the public hearing described in Subsection
1938     (2)(a); and
1939          (iii) indicate the proposed tax rate.
1940          Section 31. Section 10-5-107.5 is amended to read:
1941          10-5-107.5. Transfer of enterprise fund money to another fund -- Notice.
1942          (1) As used in this section:
1943          (a) "Budget hearing" means a public hearing required under Section 10-5-108.
1944          (b) "Enterprise fund accounting data" means a detailed overview of the various
1945     enterprise funds of the town that includes:
1946          (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1947     cover, as applicable:

1948          (A) administrative and overhead costs of the town attributable to the operation of the
1949     enterprise for which the enterprise fund was created; and
1950          (B) other costs not associated with the enterprise for which the enterprise fund was
1951     created; and
1952          (ii) specific enterprise fund information.
1953          (c) "Enterprise fund hearing" means the public hearing required under Subsection
1954     (3)(d).
1955          (d) "Specific enterprise fund information" means:
1956          (i) the dollar amount of transfers from an enterprise fund to another fund; and
1957          (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1958     to another fund.
1959          (2) Subject to the requirements of this section, a town may transfer money in an
1960     enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1961     that is not directly related to the goods or services provided by the enterprise for which the
1962     enterprise fund was created.
1963          (3) The governing body of a town that intends to transfer money in an enterprise fund
1964     to another fund shall:
1965          (a) provide notice of the intended transfer as required under Subsection (4);
1966          (b) clearly identify in a separate section or document accompanying the town's
1967     tentative budget or, if an amendment to the town's budget includes or is based on an intended
1968     transfer, in a separate section or document accompanying the amendment to the town's budget:
1969          (i) the enterprise fund from which money is intended to be transferred; and
1970          (ii) the specific enterprise fund information for that enterprise fund;
1971          (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1972          (d) hold an enterprise fund hearing before the adoption of the town's budget or, if
1973     applicable, the amendment to the budget.
1974          (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1975     shall[:]
1976          [(i)] provide the notice described in Subsection (4)(b) [by:] for the town, as a class B
1977     notice under Section 63G-28-102.
1978          [(A) mailing a copy of the notice to users of the goods or services provided by the

1979     enterprise for which the enterprise fund was created, if the town regularly mails users a
1980     periodic billing for the goods or services;]
1981          [(B) emailing a copy of the notice to users of the goods or services provided by the
1982     enterprise for which the enterprise fund was created, if the town regularly emails users a
1983     periodic billing for the goods or services;]
1984          [(C) posting the notice on the Utah Public Notice Website created in Section
1985     63A-16-601; and]
1986          [(D) if the town has a website, prominently posting the notice on the town's website
1987     until the enterprise fund hearing is concluded; and]
1988          [(ii) if the town communicates with the public through a social media platform, publish
1989     notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1990     media platform.]
1991          (b) The notice required under Subsection [(4)(a)(i)] (4)(a) shall:
1992          (i) explain the intended transfer of enterprise fund money to another fund;
1993          (ii) include specific enterprise fund information for each enterprise fund from which
1994     money is intended to be transferred;
1995          (iii) provide the date, time, and place of the enterprise fund hearing; and
1996          (iv) explain the purpose of the enterprise fund hearing.
1997          (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1998     hearing and any other public hearing.
1999          (b) At an enterprise fund hearing, the governing body shall:
2000          (i) explain the intended transfer of enterprise fund money to another fund;
2001          (ii) provide enterprise fund accounting data to the public; and
2002          (iii) allow members of the public in attendance at the hearing to comment on:
2003          (A) the intended transfer of enterprise fund money to another fund; and
2004          (B) the enterprise fund accounting data.
2005          (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
2006     based on a transfer of money from an enterprise fund to another fund, the governing body shall:
2007          (i) within 60 days after adopting the budget or budget amendment:
2008          (A) mail a notice to users of the goods or services provided by the enterprise for which
2009     the enterprise fund was created, if the town regularly mails users a periodic billing for the

2010     goods or services; and
2011          (B) email a notice to users of the goods or services provided by the enterprise for
2012     which the enterprise fund was created, if the town regularly emails users a periodic billing for
2013     the goods or services;
2014          (ii) within seven days after adopting the budget or budget amendment:
2015          (A) post enterprise fund accounting data on the town's website, if the town has a
2016     website;
2017          (B) using the town's social media platform, publish notice of the adoption of a budget
2018     or budget amendment that includes or is based on a transfer of money from an enterprise fund
2019     to another fund, if the town communicates with the public through a social media platform; and
2020          (iii) within 30 days after adopting the budget, submit to the state auditor the specific
2021     enterprise fund information for each enterprise fund from which money will be transferred.
2022          (b) A notice required under Subsection (6)(a)(i) shall:
2023          (i) announce the adoption of a budget or budget amendment that includes or is based
2024     on a transfer of money from an enterprise fund to another fund; and
2025          (ii) include the specific enterprise fund information.
2026          (c) The governing body shall maintain the website posting required under Subsection
2027     (6)(a)(ii)(A) continuously until another posting is required under Subsection [(4)(a)(i)(C)]
2028     (4)(a).
2029          Section 32. Section 10-5-108 is amended to read:
2030          10-5-108. Budget hearing -- Notice -- Adjustments.
2031          (1) Prior to the adoption of the final budget or an amendment to a budget, a town
2032     council shall hold a public hearing to receive public comment.
2033          (2) The town council shall provide notice of the place, purpose, and time of the public
2034     hearing by [posting] providing notice for the town or metro township, as a class A notice under
2035     Section 63G-28-102, for at least seven days before the hearing[:].
2036          [(a) in three public places at least 48 hours before the hearing;]
2037          [(b) on the Utah Public Notice Website created in Section 63A-16-601; and]
2038          [(c) on the home page of the website, either in full or as a link, of the town or metro
2039     township, if the town or metro township has a publicly viewable website, until the hearing
2040     takes place.]

2041          (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
2042     expenditures and revenues in conformity with this chapter.
2043          Section 33. Section 10-6-113 is amended to read:
2044          10-6-113. Budget -- Notice of hearing to consider adoption.
2045          At the meeting at which each tentative budget is adopted, the governing body shall
2046     establish the time and place of a public hearing to consider its adoption and shall order that
2047     notice of the public hearing be published for the city or metro township, as a class A notice
2048     under Section 63G-28-102, for at least seven days [prior to] before the day of the hearing[:].
2049          [(1) in three public places within the city;]
2050          [(2) on the Utah Public Notice Website created in Section 63A-16-601; and]
2051          [(3) on the home page of the website, either in full or as a link, of the city or metro
2052     township, if the city or metro township has a publicly viewable website, until the hearing takes
2053     place.]
2054          Section 34. Section 10-6-135.5 is amended to read:
2055          10-6-135.5. Transfer of enterprise fund money to another fund -- Notice.
2056          (1) As used in this section:
2057          (a) "Budget hearing" means a public hearing required under Section 10-6-114.
2058          (b) "Enterprise fund accounting data" means a detailed overview of the various
2059     enterprise funds of the city that includes:
2060          (i) a cost accounting breakdown of how money in the enterprise fund is being used to
2061     cover, as applicable:
2062          (A) administrative and overhead costs of the city attributable to the operation of the
2063     enterprise for which the enterprise fund was created; and
2064          (B) other costs not associated with the enterprise for which the enterprise fund was
2065     created; and
2066          (ii) specific enterprise fund information.
2067          (c) "Enterprise fund hearing" means the public hearing required under Subsection
2068     (3)(d).
2069          (d) "Specific enterprise fund information" means:
2070          (i) the dollar amount of transfers from an enterprise fund to another fund; and
2071          (ii) the percentage of the total enterprise fund expenditures represented by each transfer

2072     to another fund.
2073          (2) Subject to the requirements of this section, a city may transfer money in an
2074     enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
2075     that is not directly related to the goods or services provided by the enterprise for which the
2076     enterprise fund was created.
2077          (3) The governing body of a city that intends to transfer money in an enterprise fund to
2078     another fund shall:
2079          (a) provide notice of the intended transfer as required under Subsection (4);
2080          (b) clearly identify in a separate section or document accompanying the city's tentative
2081     budget or, if an amendment to the city's budget includes or is based on an intended transfer, in
2082     a separate section or document accompanying the amendment to the city's budget:
2083          (i) the enterprise fund from which money is intended to be transferred; and
2084          (ii) the specific enterprise fund information for that enterprise fund;
2085          (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
2086          (d) hold an enterprise fund hearing before the adoption of the city's budget or, if
2087     applicable, the amendment to the budget.
2088          (4) (a) [At] For at least seven days before holding an enterprise fund hearing, a
2089     governing body shall[:(i)] provide the notice described in Subsection (4)(b) [by:] for the city, as
2090     a class A notice under Section 63G-28-102.
2091          [(A) mailing a copy of the notice to users of the goods or services provided by the
2092     enterprise for which the enterprise fund was created, if the city regularly mails users a periodic
2093     billing for the goods or services;]
2094          [(B) emailing a copy of the notice to users of the goods or services provided by the
2095     enterprise for which the enterprise fund was created, if the city regularly emails users a periodic
2096     billing for the goods or services;]
2097          [(C) posting the notice on the Utah Public Notice Website created in Section
2098     63A-16-601; and]
2099          [(D) if the city has a website, prominently posting the notice on the city's website until
2100     the enterprise fund hearing is concluded; and]
2101          [(ii) if the city communicates with the public through a social media platform, publish
2102     notice of the date, time, place, and purpose of the enterprise fund hearing using the social

2103     media platform.]
2104          (b) The notice required under Subsection [(4)(a)(i)] (4)(a) shall:
2105          (i) explain the intended transfer of enterprise fund money to another fund;
2106          (ii) include specific enterprise fund information for each enterprise fund from which
2107     money is intended to be transferred;
2108          (iii) provide the date, time, and place of the enterprise fund hearing; and
2109          (iv) explain the purpose of the enterprise fund hearing.
2110          (5) (a) An enterprise fund hearing shall be separate and independent from a budget
2111     hearing and any other public hearing.
2112          (b) At an enterprise fund hearing, the governing body shall:
2113          (i) explain the intended transfer of enterprise fund money to another fund;
2114          (ii) provide enterprise fund accounting data to the public; and
2115          (iii) allow members of the public in attendance at the hearing to comment on:
2116          (A) the intended transfer of enterprise fund money to another fund; and
2117          (B) the enterprise fund accounting data.
2118          (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
2119     based on a transfer of money from an enterprise fund to another fund, the governing body shall:
2120          (i) within 60 days after adopting the budget or budget amendment:
2121          (A) mail a notice to users of the goods or services provided by the enterprise for which
2122     the enterprise fund was created, if the city regularly mails users a periodic billing for the goods
2123     or services; and
2124          (B) email a notice to users of the goods or services provided by the enterprise for
2125     which the enterprise fund was created, if the city regularly emails users a periodic billing for
2126     the goods or services;
2127          (ii) within seven days after adopting the budget or budget amendment:
2128          (A) post enterprise fund accounting data on the city's website, if the city has a website;
2129          (B) using the city's social media platform, publish notice of the adoption of a budget or
2130     budget amendment that includes or is based on a transfer of money from an enterprise fund to
2131     another fund, if the city communicates with the public through a social media platform; and
2132          (iii) within 30 days after adopting the budget, submit to the state auditor the specific
2133     enterprise fund information for each enterprise fund from which money will be transferred.

2134          (b) A notice required under Subsection (6)(a)(i) shall:
2135          (i) announce the adoption of a budget or budget amendment that includes or is based
2136     on a transfer of money from an enterprise fund to another fund; and
2137          (ii) include the specific enterprise fund information.
2138          (c) The governing body shall maintain the website posting required under Subsection
2139     (6)(a)(ii)(A) continuously until another posting is required under Subsection [(4)(a)(i)(C)]
2140     (4)(a).
2141          Section 35. Section 10-6-152 is amended to read:
2142          10-6-152. Notice that audit completed and available for inspection.
2143          Within 10 days following the receipt of the audit report furnished by the independent
2144     auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall:
2145          (1) prepare a notice to the public that the audit of the city has been completed;
2146          (2) [post] provide the notice[:] for the city or metro township, as a class A notice under
2147     Section 63G-28-102, for at least 10 days; and
2148          [(a) in three public places; and]
2149          [(b) on the Utah Public Notice Website created in Section 63A-16-601; and]
2150          (3) make a copy of the notice described in Subsection (1) available for inspection at the
2151     office of the city auditor or recorder.
2152          Section 36. Section 10-7-16 is amended to read:
2153          10-7-16. Call for bids -- Notice -- Contents.
2154          (1) (a) Before holding an election under Subsection 10-7-15(1)(a)(ii), the municipal
2155     legislative body shall open to bid the sale or lease of the property mentioned in Section
2156     10-7-15.
2157          (b) The municipal legislative body shall [cause] publish notice of the bid process [to be
2158     given by publication] for the municipality, as a class A notice under Section 63G-28-102, for at
2159     least three consecutive weeks [on the Utah Public Notice Website created in Section
2160     63A-16-601].
2161          (c) The notice described in Subsection (1) shall:
2162          (i) give a general description of the property to be sold or leased;
2163          (ii) specify the time when sealed bids for the property, or for a lease on the property,
2164     will be received; and

2165          (iii) specify the time when and the place where the bids will be opened.
2166          (2) (a) As used in this section and in Section 10-7-17, "responsible bidder" means an
2167     entity with a proven history of successful operation of an electrical generation and distribution
2168     system, or an equivalent proven history.
2169          (b) Subject to Subsection (2)(c), a municipal legislative body may receive or refuse to
2170     receive any bid submitted for the sale or lease of the electrical works and plant.
2171          (c) A municipal legislative body may not receive a bid unless the municipal legislative
2172     body determines that the bid is submitted by a responsible bidder.
2173          Section 37. Section 10-7-19 is amended to read:
2174          10-7-19. Election to authorize -- Notice -- Ballots.
2175          (1) Subject to Subsection (2), the board of commissioners or city council of any city, or
2176     the board of trustees of any incorporated town, may aid and encourage the building of railroads
2177     by granting to any railroad company, for depot or other railroad purposes, real property of the
2178     city or incorporated town, not necessary for municipal or public purposes, upon the limitations
2179     and conditions established by the board of commissioners, city council, or board of trustees.
2180          (2) A board of commissioners, city council, or board of trustees may not grant real
2181     property under Subsection (1) unless the grant is approved by the eligible voters of the city or
2182     town at the next municipal election, or at a special election called for that purpose by the board
2183     of commissioners, city council, or board of trustees.
2184          (3) If the question is submitted at a special election, the election shall be held as nearly
2185     as practicable in conformity with the general election laws of the state.
2186          (4) The board of commissioners, city council, or board of trustees shall publish notice
2187     of an election described in Subsections (2) and (3)[:] for the city or town, as a class B notice
2188     under Section 63G-28-102, for at least four weeks before the day of the election.
2189          [(a) (i) at least four weeks before the day of the election, by posting one notice, and at
2190     least one additional notice per 2,000 population of the city or town, in places within the city or
2191     town that are most likely to give notice to the voters in the city or town; or]
2192          [(ii) at least four weeks before the day of the election, by mailing notice to each
2193     registered voter in the city or town;]
2194          [(b) on the Utah Public Notice Website created in Section 63A-16-601, for four weeks
2195     before the day of the election; and]

2196          [(c) if the municipality has a website, on the municipality's website for at least four
2197     weeks before the day of the election.]
2198          (5) The board of commissioners, city council, or board of trustees shall cause ballots to
2199     be printed and provided to the eligible voters, which shall read: "For the proposed grant for
2200     depot or other railroad purposes: Yes. No."
2201          (6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
2202     city council, or board of trustees shall convey the real property to the railroad company.
2203          Section 38. Section 10-8-2 is amended to read:
2204          10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
2205     authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
2206          (1) (a) Subject to Section 11-41-103, a municipal legislative body may:
2207          (i) appropriate money for corporate purposes only;
2208          (ii) provide for payment of debts and expenses of the corporation;
2209          (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
2210     dispose of real and personal property for the benefit of the municipality, whether the property is
2211     within or without the municipality's corporate boundaries, if the action is in the public interest
2212     and complies with other law;
2213          (iv) improve, protect, and do any other thing in relation to this property that an
2214     individual could do; and
2215          (v) subject to Subsection (2) and after first holding a public hearing, authorize
2216     municipal services or other nonmonetary assistance to be provided to or waive fees required to
2217     be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
2218          (b) A municipality may:
2219          (i) furnish all necessary local public services within the municipality;
2220          (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
2221     located and operating within and operated by the municipality; and
2222          (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
2223     located inside or outside the corporate limits of the municipality and necessary for any of the
2224     purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
2225     Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
2226          (c) Each municipality that intends to acquire property by eminent domain under

2227     Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
2228          (d) Subsection (1)(b) may not be construed to diminish any other authority a
2229     municipality may claim to have under the law to acquire by eminent domain property located
2230     inside or outside the municipality.
2231          (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
2232     the provisions of Subsection (3).
2233          (b) The total amount of services or other nonmonetary assistance provided or fees
2234     waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
2235     municipality's budget for that fiscal year.
2236          (3) It is considered a corporate purpose to appropriate money for any purpose that, in
2237     the judgment of the municipal legislative body, provides for the safety, health, prosperity,
2238     moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
2239     subject to this Subsection (3).
2240          (a) The net value received for any money appropriated shall be measured on a
2241     project-by-project basis over the life of the project.
2242          (b) (i) A municipal legislative body shall establish the criteria for a determination
2243     under this Subsection (3).
2244          (ii) A municipal legislative body's determination of value received is presumed valid
2245     unless a person can show that the determination was arbitrary, capricious, or illegal.
2246          (c) The municipality may consider intangible benefits received by the municipality in
2247     determining net value received.
2248          (d) (i) Before the municipal legislative body makes any decision to appropriate any
2249     funds for a corporate purpose under this section, the municipal legislative body shall hold a
2250     public hearing.
2251          (ii) [At] For at least 14 days before the date of the hearing, the municipal legislative
2252     body shall publish a notice of the hearing described in Subsection (3)(d)(i) [by posting notice:]
2253     for the municipality, as a class A notice under Section 63G-28-102.
2254          [(A) in at least three conspicuous places within the municipality; and]
2255          [(B) on the Utah Public Notice Website created in Section 63A-16-601.]
2256          (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
2257     municipality shall perform a study that analyzes and demonstrates the purpose for an

2258     appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
2259          (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
2260     the municipality for review by interested parties at least 14 days immediately before the public
2261     hearing described in Subsection (3)(d)(i).
2262          (iii) A municipality shall consider the following factors when conducting the study
2263     described in Subsection (3)(e)(i):
2264          (A) what identified benefit the municipality will receive in return for any money or
2265     resources appropriated;
2266          (B) the municipality's purpose for the appropriation, including an analysis of the way
2267     the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
2268     peace, order, comfort, or convenience of the inhabitants of the municipality; and
2269          (C) whether the appropriation is necessary and appropriate to accomplish the
2270     reasonable goals and objectives of the municipality in the area of economic development, job
2271     creation, affordable housing, elimination of a development impediment, job preservation, the
2272     preservation of historic structures and property, and any other public purpose.
2273          (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
2274     to make an appropriation.
2275          (ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
2276     court within 30 days after the day on which the municipal legislative body makes a decision.
2277          (iii) Any appeal shall be based on the record of the proceedings before the legislative
2278     body.
2279          (iv) A decision of the municipal legislative body shall be presumed to be valid unless
2280     the appealing party shows that the decision was arbitrary, capricious, or illegal.
2281          (g) The provisions of this Subsection (3) apply only to those appropriations made after
2282     May 6, 2002.
2283          (h) This section applies only to appropriations not otherwise approved pursuant to Title
2284     10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
2285     Fiscal Procedures Act for Utah Cities.
2286          (4) (a) Before a municipality may dispose of a significant parcel of real property, the
2287     municipality shall:
2288          (i) provide [reasonable] notice of the proposed disposition for the municipality, as a

2289     class A notice under Section 63G-28-102, for at least 14 days before the opportunity for public
2290     comment under Subsection (4)(a)(ii); and
2291          (ii) allow an opportunity for public comment on the proposed disposition.
2292          (b) Each municipality shall, by ordinance, define what constitutes[:]
2293          [(i)] a significant parcel of real property for purposes of Subsection (4)(a)[; and].
2294          [(ii) reasonable notice for purposes of Subsection (4)(a)(i).]
2295          (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
2296     real property for the purpose of expanding the municipality's infrastructure or other facilities
2297     used for providing services that the municipality offers or intends to offer shall provide written
2298     notice, as provided in this Subsection (5), of its intent to acquire the property if:
2299          (i) the property is located:
2300          (A) outside the boundaries of the municipality; and
2301          (B) in a county of the first or second class; and
2302          (ii) the intended use of the property is contrary to:
2303          (A) the anticipated use of the property under the general plan of the county in whose
2304     unincorporated area or the municipality in whose boundaries the property is located; or
2305          (B) the property's current zoning designation.
2306          (b) Each notice under Subsection (5)(a) shall:
2307          (i) indicate that the municipality intends to acquire real property;
2308          (ii) identify the real property; and
2309          (iii) be sent to:
2310          (A) each county in whose unincorporated area and each municipality in whose
2311     boundaries the property is located; and
2312          (B) each affected entity.
2313          (c) A notice under this Subsection (5) is a protected record as provided in Subsection
2314     63G-2-305(8).
2315          (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
2316     previously provided notice under Section 10-9a-203 identifying the general location within the
2317     municipality or unincorporated part of the county where the property to be acquired is located.
2318          (ii) If a municipality is not required to comply with the notice requirement of
2319     Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide

2320     the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
2321     property.
2322          Section 39. Section 10-8-15 is amended to read:
2323          10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction -- Notice.
2324          (1) As used in this section, "affected entity" means a:
2325          (a) county that has land use authority over land subject to an ordinance or regulation
2326     described in this section;
2327          (b) local health department, as that term is defined in Section 26A-1-102, that has
2328     jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
2329     described in this section;
2330          (c) municipality that has enacted or has the right to enact an ordinance or regulation
2331     described in this section over the land subject to an ordinance or regulation described in this
2332     section; and
2333          (d) municipality that has land use authority over land subject to an ordinance or
2334     regulation described in this section.
2335          (2) A municipality may construct or authorize the construction of waterworks within or
2336     without the municipal limits, and for the purpose of maintaining and protecting the same from
2337     injury and the water from pollution the municipality's jurisdiction shall extend over the territory
2338     occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
2339     in and necessary for the construction, maintenance and operation of the same, and over the
2340     stream or other source from which the water is taken, for 15 miles above the point from which
2341     it is taken and for a distance of 300 feet on each side of such stream and over highways along
2342     such stream or watercourse within said 15 miles and said 300 feet.
2343          (3) The jurisdiction of a city of the first class shall additionally be over the entire
2344     watershed within the county of origin of the city of the first class and subject to Subsection (6)
2345     provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
2346     source; and provided further, that the city of the first class shall provide a highway in and
2347     through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
2348     be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
2349     territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
2350     of the city may enact ordinances placing under police regulations the manner of driving such

2351     cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
2352     which the city has jurisdiction.
2353          (4) A municipality may enact all ordinances and regulations necessary to carry the
2354     power herein conferred into effect, and is authorized and empowered to enact ordinances
2355     preventing pollution or contamination of the streams or watercourses from which the
2356     municipality derives the municipality's water supply, in whole or in part, for domestic and
2357     culinary purposes, and may enact ordinances prohibiting or regulating the construction or
2358     maintenance of any closet, privy, outhouse or urinal within the area over which the
2359     municipality has jurisdiction, and provide for permits for the construction and maintenance of
2360     the same.
2361          (5) In granting a permit described in Subsection (4), a municipality may annex thereto
2362     such reasonable conditions and requirements for the protection of the public health as the
2363     municipality determines proper, and may, if determined advisable, require that all closets,
2364     privies and urinals along such streams shall be provided with effective septic tanks or other
2365     germ-destroying instrumentalities.
2366          (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
2367     city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
2368     municipalities and counties that have jurisdiction over the area where the watershed is located.
2369          (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
2370     or regulation under the authority of this section shall:
2371          (i) hold a public hearing on the proposed ordinance or regulation; and
2372          (ii) give notice of the date, place, and time of the hearing, as described in Subsection
2373     (7)(b).
2374          (b) At least ten days before the day on which the public hearing described in
2375     Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
2376          (i) mailed to:
2377          (A) each affected entity;
2378          (B) the director of the Division of Drinking Water; and
2379          (C) the director of the Division of Water Quality; and
2380          (ii) published [on the Utah Public Notice Website created in Section 63A-16-601] for
2381     the municipality, as a class A notice under Section 63G-28-102, for at least 10 days.

2382          (c) An ordinance or regulation adopted under the authority of this section may not
2383     conflict with:
2384          (i) existing federal or state statutes; or
2385          (ii) a rule created pursuant to a federal or state statute governing drinking water or
2386     water quality.
2387          (d) A municipality that enacts an ordinance or regulation under the authority of this
2388     section shall:
2389          (i) provide a copy of the ordinance or regulation to each affected entity; and
2390          (ii) include a copy of the ordinance or regulation in the municipality's drinking water
2391     source protection plan.
2392          Section 40. Section 10-9a-203 is amended to read:
2393          10-9a-203. Notice of intent to prepare a general plan or comprehensive general
2394     plan amendments in certain municipalities.
2395          (1) Before preparing a proposed general plan or a comprehensive general plan
2396     amendment, each municipality within a county of the first or second class shall provide 10
2397     calendar days notice of the municipality's intent to prepare a proposed general plan or a
2398     comprehensive general plan amendment:
2399          (a) to each affected entity;
2400          (b) to the Utah Geospatial Resource Center created in Section 63A-16-505;
2401          (c) to the association of governments, established pursuant to an interlocal agreement
2402     under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
2403     and
2404          [(d) on the Utah Public Notice Website created under Section 63A-16-601.]
2405          (d) for the municipality, as a class A notice under Section 63G-28-102, for at least 10
2406     days.
2407          (2) Each notice under Subsection (1) shall:
2408          (a) indicate that the municipality intends to prepare a general plan or a comprehensive
2409     general plan amendment, as the case may be;
2410          (b) describe or provide a map of the geographic area that will be affected by the general
2411     plan or amendment;
2412          (c) be sent by mail, e-mail, or other effective means;

2413          (d) invite the affected entities to provide information for the municipality to consider in
2414     the process of preparing, adopting, and implementing a general plan or amendment concerning:
2415          (i) impacts that the use of land proposed in the proposed general plan or amendment
2416     may have; and
2417          (ii) uses of land within the municipality that the affected entity is considering that may
2418     conflict with the proposed general plan or amendment; and
2419          (e) include the address of an Internet website, if the municipality has one, and the name
2420     and telephone number of an individual where more information can be obtained concerning the
2421     municipality's proposed general plan or amendment.
2422          Section 41. Section 10-9a-204 is amended to read:
2423          10-9a-204. Notice of public hearings and public meetings to consider general plan
2424     or modifications.
2425          (1) Each municipality shall provide:
2426          (a) notice of the date, time, and place of the first public hearing to consider the original
2427     adoption or any modification of all or any portion of a general plan; and
2428          (b) notice of each public meeting on the subject.
2429          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
2430     days before the public hearing and shall be:
2431          (a) published [on the Utah Public Notice Website created in Section 63A-16-601] for
2432     the municipality, as a class A notice under Section 63G-28-102, for at least 10 days; and
2433          (b) mailed to each affected entity[; and].
2434          [(c) posted:]
2435          [(i) in at least three public locations within the municipality; or]
2436          [(ii) on the municipality's official website.]
2437          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2438     before the meeting and shall be[:] published for the municipality, as a class A notice under
2439     Section 63G-28-102, for at least 24 hours.
2440          [(a) published on the Utah Public Notice Website created in Section 63A-16-601; and]
2441          [(b) posted:]
2442          [(i) in at least three public locations within the municipality; or]
2443          [(ii) on the municipality's official website.]

2444          Section 42. Section 10-9a-205 is amended to read:
2445          10-9a-205. Notice of public hearings and public meetings on adoption or
2446     modification of land use regulation.
2447          (1) Each municipality shall give:
2448          (a) notice of the date, time, and place of the first public hearing to consider the
2449     adoption or any modification of a land use regulation; and
2450          (b) notice of each public meeting on the subject.
2451          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
2452          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
2453     and
2454          (b) provided for the area directly affected by the land use ordinance change, as a class
2455     B notice under Section 63G-28-102, for at least 10 calendar days before the day of the public
2456     hearing.
2457          [(b) posted:]
2458          [(i) in at least three public locations within the municipality; or]
2459          [(ii) on the municipality's official website; and]
2460          [(c) (i) posted on the Utah Public Notice Website created in Section 63A-16-601, at
2461     least 10 calendar days before the public hearing; or]
2462          [(ii) mailed at least 10 days before the public hearing to:]
2463          [(A) each property owner whose land is directly affected by the land use ordinance
2464     change; and]
2465          [(B) each adjacent property owner within the parameters specified by municipal
2466     ordinance.]
2467          (3) In addition to the notice requirements described in Subsections (1) and (2), for any
2468     proposed modification to the text of a zoning code, the notice posted in accordance with
2469     Subsection (2) shall:
2470          (a) include a summary of the effect of the proposed modifications to the text of the
2471     zoning code designed to be understood by a lay person; and
2472          (b) be provided to any person upon written request.
2473          (4) Each notice of a public meeting under Subsection (1)(b) shall be [posted] provided
2474     for the municipality, as a class A notice under Section 63G-28-102, for at least 24 hours before

2475     the meeting[:].
2476          [(a) in at least three public locations within the municipality; or]
2477          [(b) on the municipality's official website.]
2478          (5) (a) A municipality shall send a courtesy notice to each owner of private real
2479     property whose property is located entirely or partially within a proposed zoning map
2480     enactment or amendment at least 10 days before the scheduled day of the public hearing.
2481          (b) The notice shall:
2482          (i) identify with specificity each owner of record of real property that will be affected
2483     by the proposed zoning map or map amendments;
2484          (ii) state the current zone in which the real property is located;
2485          (iii) state the proposed new zone for the real property;
2486          (iv) provide information regarding or a reference to the proposed regulations,
2487     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
2488     amendment is adopted;
2489          (v) state that the owner of real property may no later than 10 days after the day of the
2490     first public hearing file a written objection to the inclusion of the owner's property in the
2491     proposed zoning map or map amendment;
2492          (vi) state the address where the property owner should file the protest;
2493          (vii) notify the property owner that each written objection filed with the municipality
2494     will be provided to the municipal legislative body; and
2495          (viii) state the location, date, and time of the public hearing described in Section
2496     10-9a-502.
2497          (c) If a municipality mails notice to a property owner in accordance with Subsection
2498     [(2)(c)(ii)] (2)(b) for a public hearing on a zoning map or map amendment, the notice required
2499     in this Subsection (5) may be included in or part of the notice described in Subsection
2500     [(2)(c)(ii)] (2)(b) rather than sent separately.
2501          Section 43. Section 10-9a-208 is amended to read:
2502          10-9a-208. Hearing and notice for petition to vacate a public street.
2503          (1) For any petition to vacate some or all of a public street or municipal utility
2504     easement the legislative body shall:
2505          (a) hold a public hearing; and

2506          (b) give notice of the date, place, and time of the hearing, as provided in Subsection
2507     (2).
2508          (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
2509     body shall ensure that the notice required under Subsection (1)(b) is:
2510          (a) mailed to the record owner of each parcel that is accessed by the public street or
2511     municipal utility easement;
2512          (b) mailed to each affected entity; and
2513          (c) [posted on or near] provided for the public street or municipal utility easement [in a
2514     manner that is calculated to alert the public; and], as a class A notice under Section
2515     63G-28-102, for at least 10 days.
2516          [(d) (i) published on the website of the municipality in which the land subject to the
2517     petition is located until the public hearing concludes; and]
2518          [(ii) published on the Utah Public Notice Website created in Section 63A-16-601.]
2519          Section 44. Section 10-18-203 is amended to read:
2520          10-18-203. Feasibility study on providing cable television or public
2521     telecommunications services -- Public hearings -- Notice.
2522          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
2523     the municipality shall require the feasibility consultant to:
2524          (a) complete the feasibility study in accordance with this section;
2525          (b) submit to the legislative body by no later than 180 days from the date the feasibility
2526     consultant is hired to conduct the feasibility study:
2527          (i) the full written results of the feasibility study; and
2528          (ii) a summary of the results that is no longer than one page in length; and
2529          (c) attend the public hearings described in Subsection (4) to:
2530          (i) present the feasibility study results; and
2531          (ii) respond to questions from the public.
2532          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
2533          (a) (i) if the municipality is proposing to provide cable television services to
2534     subscribers, whether the municipality providing cable television services in the manner
2535     proposed by the municipality will hinder or advance competition for cable television services
2536     in the municipality; or

2537          (ii) if the municipality is proposing to provide public telecommunications services to
2538     subscribers, whether the municipality providing public telecommunications services in the
2539     manner proposed by the municipality will hinder or advance competition for public
2540     telecommunications services in the municipality;
2541          (b) whether but for the municipality any person would provide the proposed:
2542          (i) cable television services; or
2543          (ii) public telecommunications services;
2544          (c) the fiscal impact on the municipality of:
2545          (i) the capital investment in facilities that will be used to provide the proposed:
2546          (A) cable television services; or
2547          (B) public telecommunications services; and
2548          (ii) the expenditure of funds for labor, financing, and administering the proposed:
2549          (A) cable television services; or
2550          (B) public telecommunications services;
2551          (d) the projected growth in demand in the municipality for the proposed:
2552          (i) cable television services; or
2553          (ii) public telecommunications services;
2554          (e) the projections at the time of the feasibility study and for the next five years, of a
2555     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
2556     facilities necessary to provide the proposed:
2557          (i) cable television services; or
2558          (ii) public telecommunications services; and
2559          (f) the projections at the time of the feasibility study and for the next five years of the
2560     revenues to be generated from the proposed:
2561          (i) cable television services; or
2562          (ii) public telecommunications services.
2563          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
2564     the feasibility consultant shall assume that the municipality will price the proposed cable
2565     television services or public telecommunications services consistent with Subsection
2566     10-18-303(5).
2567          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection

2568     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
2569     receives the results of the feasibility study, shall schedule at least two public hearings to be
2570     held:
2571          (a) within 60 days of the meeting at which the public hearings are scheduled;
2572          (b) at least seven days apart; and
2573          (c) for the purpose of allowing:
2574          (i) the feasibility consultant to present the results of the feasibility study; and
2575          (ii) the public to:
2576          (A) become informed about the feasibility study results; and
2577          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2578          (5) [(a)] The municipality shall provide notice of the public hearings required under
2579     Subsection (4) [by:] for the municipality, as a class A notice under Section 63G-28-102, for at
2580     least three weeks before the day on which the first public hearing required under Subsection (4)
2581     is held.
2582          [(i) posting the notice on the Utah Public Notice Website, created in Section
2583     63A-16-601, for three weeks, at least three days before the first public hearing required under
2584     Subsection (4); and]
2585          [(ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
2586     place within the municipality that is likely to give notice of the hearings to the greatest number
2587     of residents of the municipality, subject to a maximum of 10 notices.]
2588          [(b) The municipality shall post the notices at least seven days before the first public
2589     hearing required under Subsection (4) is held.]
2590          Section 45. Section 10-18-302 is amended to read:
2591          10-18-302. Bonding authority.
2592          (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
2593     legislative body of a municipality may by resolution determine to issue one or more revenue
2594     bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
2595     to subscribers:
2596          (a) a cable television service; or
2597          (b) a public telecommunications service.
2598          (2) The resolution described in Subsection (1) shall:

2599          (a) describe the purpose for which the indebtedness is to be created; and
2600          (b) specify the dollar amount of the one or more bonds proposed to be issued.
2601          (3) (a) A revenue bond issued under this section shall be secured and paid for:
2602          (i) from the revenues generated by the municipality from providing:
2603          (A) cable television services with respect to revenue bonds issued to finance facilities
2604     for the municipality's cable television services; and
2605          (B) public telecommunications services with respect to revenue bonds issued to finance
2606     facilities for the municipality's public telecommunications services; and
2607          (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues
2608     generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
2609          (A) notwithstanding Subsection 11-14-201(3) and except as provided in Subsections
2610     (4) and (5), the revenue bond is approved by the registered voters in an election held:
2611          (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
2612     11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
2613          (II) notwithstanding Subsection 11-14-203(2), at a regular general election;
2614          (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
2615     revenue bond; and
2616          (C) the municipality or municipalities annually appropriate the revenues described in
2617     this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
2618          (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
2619     origination, financing, or other carrying costs associated with the one or more revenue bonds
2620     issued under this section from the town or city, respectively, general funds or other enterprise
2621     funds of the municipality.
2622          (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
2623     pursuant to an agreement:
2624          (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
2625          (ii) to which a municipality is a party.
2626          (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
2627     municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
2628     entity that issues revenue bonds, if:
2629          (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is

2630     a member of a municipal entity that is issuing revenue bonds has published the first notice
2631     described in Subsection (4)(b)(iii);
2632          (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
2633     is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
2634     the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
2635     this Subsection (4)(b)(ii);
2636          (iii) (A) the municipality that is issuing the revenue bonds or the municipality that is a
2637     member of the municipal entity that is issuing the revenue bonds has held a public hearing for
2638     which public notice was given by publication of the notice [on the Utah Public Notice Website
2639     created in Section 63A-16-601] for the municipality, as a class A notice under Section
2640     63G-28-102, for two weeks before the day of the public hearing; and
2641          (B) the notice identifies:
2642          (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
2643     Act;
2644          (II) the purpose for the bonds to be issued;
2645          (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2646     be pledged in any fiscal year;
2647          (IV) the maximum number of years that the pledge will be in effect; and
2648          (V) the time, place, and location for the public hearing;
2649          (iv) the municipal entity that issues revenue bonds:
2650          (A) adopts a final financing plan; and
2651          (B) in accordance with Title 63G, Chapter 2, Government Records Access and
2652     Management Act, makes available to the public at the time the municipal entity adopts the final
2653     financing plan:
2654          (I) the final financing plan; and
2655          (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
2656     Chapter 2, Government Records Access and Management Act;
2657          (v) any municipality that is a member of a municipal entity described in Subsection
2658     (4)(b)(iv):
2659          (A) not less than 30 calendar days after the municipal entity complies with Subsection
2660     (4)(b)(iv)(B), holds a final public hearing;

2661          (B) provides notice, at the time the municipality schedules the final public hearing, to
2662     any person who has provided to the municipality a written request for notice; and
2663          (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
2664     interested parties; and
2665          (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2666     more than 50% of the average annual debt service of all revenue bonds described in this section
2667     to provide service throughout the municipality or municipal entity may be paid from the
2668     revenues described in Subsection (3)(a)(ii).
2669          (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
2670     to a municipality that issues revenue bonds if:
2671          (a) (i) the municipality that is issuing the revenue bonds has held a public hearing for
2672     which public notice was given by publication of the notice [on the Utah Public Notice Website
2673     created in Section 63A-16-601] for the municipality, as a class A notice under Section
2674     63G-28-102, for 14 days before the day of the public hearing; and
2675          (ii) the notice identifies:
2676          (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2677     Bonding Act;
2678          (B) the purpose for the bonds to be issued;
2679          (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
2680     pledged in any fiscal year;
2681          (D) the maximum number of years that the pledge will be in effect; and
2682          (E) the time, place, and location for the public hearing; and
2683          (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2684     more than 50% of the average annual debt service of all revenue bonds described in this section
2685     to provide service throughout the municipality or municipal entity may be paid from the
2686     revenues described in Subsection (3)(a)(ii).
2687          (6) A municipality that issues bonds pursuant to this section may not make or grant any
2688     undue or unreasonable preference or advantage to itself or to any private provider of:
2689          (a) cable television services; or
2690          (b) public telecommunications services.
2691          Section 46. Section 10-18-303 is amended to read:

2692          10-18-303. General operating limitations -- Notice of change to price list.
2693          A municipality that provides a cable television service or a public telecommunications
2694     service under this chapter is subject to the operating limitations of this section.
2695          (1) A municipality that provides a cable television service shall comply with:
2696          (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
2697          (b) the regulations issued by the Federal Communications Commission under the Cable
2698     Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
2699          (2) A municipality that provides a public telecommunications service shall comply
2700     with:
2701          (a) the Telecommunications Act of 1996, Pub. L. 104-104;
2702          (b) the regulations issued by the Federal Communications Commission under the
2703     Telecommunications Act of 1996, Pub. L. 104-104;
2704          (c) Section 54-8b-2.2 relating to:
2705          (i) the interconnection of essential facilities; and
2706          (ii) the purchase and sale of essential services; and
2707          (d) the rules made by the Public Service Commission of Utah under Section 54-8b-2.2.
2708          (3) A municipality may not cross subsidize its cable television services or its public
2709     telecommunications services with:
2710          (a) tax dollars;
2711          (b) income from other municipal or utility services;
2712          (c) below-market rate loans from the municipality; or
2713          (d) any other means.
2714          (4) (a) A municipality may not make or grant any undue or unreasonable preference or
2715     advantage to itself or to any private provider of:
2716          (i) cable television services; or
2717          (ii) public telecommunications services.
2718          (b) A municipality shall apply without discrimination as to itself and to any private
2719     provider the municipality's ordinances, rules, and policies, including those relating to:
2720          (i) obligation to serve;
2721          (ii) access to public rights of way;
2722          (iii) permitting;

2723          (iv) performance bonding;
2724          (v) reporting; and
2725          (vi) quality of service.
2726          (c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone
2727     company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
2728          (5) In calculating the rates charged by a municipality for a cable television service or a
2729     public telecommunications service, the municipality:
2730          (a) shall include within its rates an amount equal to all taxes, fees, and other
2731     assessments that would be applicable to a similarly situated private provider of the same
2732     services, including:
2733          (i) federal, state, and local taxes;
2734          (ii) franchise fees;
2735          (iii) permit fees;
2736          (iv) pole attachment fees; and
2737          (v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
2738          (b) may not price any cable television service or public telecommunications service at a
2739     level that is less than the sum of:
2740          (i) the actual direct costs of providing the service;
2741          (ii) the actual indirect costs of providing the service; and
2742          (iii) the amount determined under Subsection (5)(a).
2743          (6) (a) A municipality that provides cable television services or public
2744     telecommunications services shall establish and maintain a comprehensive price list of all cable
2745     television services or public telecommunications services offered by the municipality.
2746          (b) The price list required by Subsection (6)(a) shall:
2747          (i) include all terms and conditions relating to the municipality providing each cable
2748     television service or public telecommunications service offered by the municipality;
2749          (ii) be posted on the Utah Public Notice Website created in Section 63A-16-601; and
2750          (iii) be available for inspection:
2751          (A) at a designated office of the municipality; and
2752          (B) during normal business hours.
2753          (c) At least five days before the date a change to a municipality's price list becomes

2754     effective, the municipality shall[:] provide notice of the change:
2755          (i) for the municipality, as a class A notice under Section 63G-28-102, for at least five
2756     days; and
2757          (ii) to any other persons requesting notification of any changes to the municipality's
2758     price list.
2759          [(i) notify the following of the change:]
2760          [(A) all subscribers to the services for which the price list is being changed; and]
2761          [(B) any other persons requesting notification of any changes to the municipality's price
2762     list; and]
2763          [(ii) publish notice on the Utah Public Notice Website created in Section 63A-16-601.]
2764          (d) A municipality may not offer a cable television service or a public
2765     telecommunications service except in accordance with the prices, terms, and conditions set
2766     forth in the municipality's price list.
2767          (7) A municipality may not offer to provide or provide cable television services or
2768     public telecommunications services to a subscriber that does not reside within the geographic
2769     boundaries of the municipality.
2770          (8) (a) A municipality shall keep accurate books and records of the municipality's:
2771          (i) cable television services; and
2772          (ii) public telecommunications services.
2773          (b) The books and records required to be kept under Subsection (8)(a) are subject to
2774     legislative audit to verify the municipality's compliance with the requirements of this chapter
2775     including:
2776          (i) pricing;
2777          (ii) recordkeeping; and
2778          (iii) antidiscrimination.
2779          (9) A municipality may not receive distributions from the Universal Public
2780     Telecommunications Service Support Fund established in Section 54-8b-15.
2781          Section 47. Section 11-13-204 is amended to read:
2782          11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
2783     services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
2784     lieutenant governor -- Recording requirements -- Public Service Commission.

2785          (1) (a) An interlocal entity:
2786          (i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the
2787     conduct of its business;
2788          (ii) may:
2789          (A) amend or repeal a bylaw, policy, or procedure;
2790          (B) sue and be sued;
2791          (C) have an official seal and alter that seal at will;
2792          (D) make and execute contracts and other instruments necessary or convenient for the
2793     performance of its duties and the exercise of its powers and functions;
2794          (E) acquire real or personal property, or an undivided, fractional, or other interest in
2795     real or personal property, necessary or convenient for the purposes contemplated in the
2796     agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
2797          (F) directly or by contract with another:
2798          (I) own and acquire facilities and improvements or an undivided, fractional, or other
2799     interest in facilities and improvements;
2800          (II) construct, operate, maintain, and repair facilities and improvements; and
2801          (III) provide the services contemplated in the agreement creating the interlocal entity
2802     and establish, impose, and collect rates, fees, and charges for the services provided by the
2803     interlocal entity;
2804          (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
2805     obligations and secure their payment by an assignment, pledge, or other conveyance of all or
2806     any part of the revenues and receipts from the facilities, improvements, or services that the
2807     interlocal entity provides;
2808          (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
2809     other obligations issued by the interlocal entity;
2810          (I) sell or contract for the sale of the services, output, product, or other benefits
2811     provided by the interlocal entity to:
2812          (I) public agencies inside or outside the state; and
2813          (II) with respect to any excess services, output, product, or benefits, any person on
2814     terms that the interlocal entity considers to be in the best interest of the public agencies that are
2815     parties to the agreement creating the interlocal entity; and

2816          (J) create a local disaster recovery fund in the same manner and to the same extent as
2817     authorized for a local government in accordance with Section 53-2a-605; and
2818          (iii) may not levy, assess, or collect ad valorem property taxes.
2819          (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to
2820     the extent provided by the documents under which the assignment, pledge, or other conveyance
2821     is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
2822     payable to the state or its political subdivisions.
2823          (2) An energy services interlocal entity:
2824          (a) except with respect to any ownership interest it has in facilities providing additional
2825     project capacity, is not subject to:
2826          (i) Part 3, Project Entity Provisions; or
2827          (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
2828     Pay Corporate Franchise or Income Tax Act; and
2829          (b) may:
2830          (i) own, acquire, and, by itself or by contract with another, construct, operate, and
2831     maintain a facility or improvement for the generation, transmission, and transportation of
2832     electric energy or related fuel supplies;
2833          (ii) enter into a contract to obtain a supply of electric power and energy and ancillary
2834     services, transmission, and transportation services, and supplies of natural gas and fuels
2835     necessary for the operation of generation facilities;
2836          (iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
2837     and others, whether located in or out of the state, for the sale of wholesale services provided by
2838     the energy services interlocal entity; and
2839          (iv) adopt and implement risk management policies and strategies and enter into
2840     transactions and agreements to manage the risks associated with the purchase and sale of
2841     energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
2842     and other instruments.
2843          (3) Notwithstanding Section 11-13-216, an agreement creating an interlocal entity or
2844     an amendment to that agreement may provide that the agreement may continue and the
2845     interlocal entity may remain in existence until the latest to occur of:
2846          (a) 50 years after the date of the agreement or amendment;

2847          (b) five years after the interlocal entity has fully paid or otherwise discharged all of its
2848     indebtedness;
2849          (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
2850     or transferred all of its interest in its facilities and improvements; or
2851          (d) five years after the facilities and improvements of the interlocal entity are no longer
2852     useful in providing the service, output, product, or other benefit of the facilities and
2853     improvements, as determined under the agreement governing the sale of the service, output,
2854     product, or other benefit.
2855          (4) (a) Upon execution of an agreement to approve the creation of an interlocal entity,
2856     including an electric interlocal entity and an energy services interlocal entity, the governing
2857     body of a member of the interlocal entity under Section 11-13-203 shall:
2858          (i) within 30 days after the date of the agreement, jointly file with the lieutenant
2859     governor:
2860          (A) a copy of a notice of an impending boundary action, as defined in Section
2861     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
2862          (B) if less than all of the territory of any Utah public agency that is a party to the
2863     agreement is included within the interlocal entity, a copy of an approved final local entity plat,
2864     as defined in Section 67-1a-6.5; and
2865          (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
2866     67-1a-6.5:
2867          (A) if the interlocal entity is located within the boundary of a single county, submit to
2868     the recorder of that county:
2869          (I) the original:
2870          (Aa) notice of an impending boundary action;
2871          (Bb) certificate of creation; and
2872          (Cc) approved final local entity plat, if an approved final local entity plat was required
2873     to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
2874          (II) a certified copy of the agreement approving the creation of the interlocal entity; or
2875          (B) if the interlocal entity is located within the boundaries of more than a single
2876     county:
2877          (I) submit to the recorder of one of those counties:

2878          (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
2879     (Cc); and
2880          (Bb) a certified copy of the agreement approving the creation of the interlocal entity;
2881     and
2882          (II) submit to the recorder of each other county:
2883          (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
2884     and (Cc); and
2885          (Bb) a certified copy of the agreement approving the creation of the interlocal entity.
2886          (b) Upon the lieutenant governor's issuance of a certificate of creation under Section
2887     67-1a-6.5, the interlocal entity is created.
2888          (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
2889     recorder of each county in which the property is located, a newly created interlocal entity may
2890     not charge or collect a fee for service provided to property within the interlocal entity.
2891          (5) Nothing in this section may be construed as expanding the rights of any
2892     municipality or interlocal entity to sell or provide retail service.
2893          (6) Except as provided in Subsection (7):
2894          (a) nothing in this section may be construed to expand or limit the rights of a
2895     municipality to sell or provide retail electric service; and
2896          (b) an energy services interlocal entity may not provide retail electric service to
2897     customers located outside the municipal boundaries of its members.
2898          (7) (a) An energy services interlocal entity created before July 1, 2003, that is
2899     comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1,
2900     2010, provided retail electric service to customers outside the municipal boundaries of its
2901     members, may provide retail electric service outside the municipal boundaries of its members
2902     if:
2903          (i) the energy services interlocal entity:
2904          (A) enters into a written agreement with each public utility holding a certificate of
2905     public convenience and necessity issued by the Public Service Commission to provide service
2906     within an agreed upon geographic area for the energy services interlocal entity to be
2907     responsible to provide electric service in the agreed upon geographic area outside the municipal
2908     boundaries of the members of the energy services interlocal entity; and

2909          (B) obtains a franchise agreement, with the legislative body of the county or other
2910     governmental entity for the geographic area in which the energy services interlocal entity
2911     provides service outside the municipal boundaries of its members; and
2912          (ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from
2913     the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A).
2914          (b) (i) The Public Service Commission shall, after a public hearing held in accordance
2915     with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in
2916     Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it
2917     incorporates the customer protections described in Subsection (7)(c) and the franchise
2918     agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a
2919     neutral arbiter or ombudsman for resolving potential future complaints by customers of the
2920     energy services interlocal entity.
2921          (ii) In approving an agreement, the Public Service Commission shall also amend the
2922     certificate of public convenience and necessity of any public utility described in Subsection
2923     (7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the
2924     public utility the geographic area that the energy services interlocal entity has agreed to serve.
2925          (c) In providing retail electric service to customers outside of the municipal boundaries
2926     of its members, but not within the municipal boundaries of another municipality that grants a
2927     franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal
2928     entity shall comply with the following:
2929          (i) the rates and conditions of service for customers outside the municipal boundaries
2930     of the members shall be at least as favorable as the rates and conditions of service for similarly
2931     situated customers within the municipal boundaries of the members;
2932          (ii) the energy services interlocal entity shall operate as a single entity providing
2933     service both inside and outside of the municipal boundaries of its members;
2934          (iii) a general rebate, refund, or other payment made to customers located within the
2935     municipal boundaries of the members shall also be provided to similarly situated customers
2936     located outside the municipal boundaries of the members;
2937          (iv) a schedule of rates and conditions of service, or any change to the rates and
2938     conditions of service, shall be approved by the governing board of the energy services
2939     interlocal entity;

2940          (v) before implementation of any rate increase, the governing board of the energy
2941     services interlocal entity shall first hold a public meeting to take public comment on the
2942     proposed increase, after providing:
2943          (A) at least 20 days and not more than 60 days' advance written notice to its customers
2944     on the ordinary billing [and on the Utah Public Notice Website, created by Section
2945     63A-16-601]; and
2946          (B) notice for the interlocal entity, as a class A notice under Section 63G-28-102, for at
2947     least 20 days; and
2948          (vi) the energy services interlocal entity shall file with the Public Service Commission
2949     its current schedule of rates and conditions of service.
2950          (d) The Public Service Commission shall make the schedule of rates and conditions of
2951     service of the energy services interlocal entity available for public inspection.
2952          (e) Nothing in this section:
2953          (i) gives the Public Service Commission jurisdiction over the provision of retail
2954     electric service by an energy services interlocal entity within the municipal boundaries of its
2955     members; or
2956          (ii) makes an energy services interlocal entity a public utility under Title 54, Public
2957     Utilities.
2958          (f) Nothing in this section expands or diminishes the jurisdiction of the Public Service
2959     Commission over a municipality or an association of municipalities organized under Title 11,
2960     Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's
2961     language.
2962          (g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its
2963     authority to provide electric service to the extent authorized by Sections 11-13-202 and
2964     11-13-203 and Subsections 11-13-204(1) through (5).
2965          (ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves
2966     the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not
2967     provide retail electric service to customers located outside the municipal boundaries of its
2968     members, except for customers located within the geographic area described in the agreement.
2969          Section 48. Section 11-13-219 is amended to read:
2970          11-13-219. Publication of resolutions or agreements -- Contesting legality of

2971     resolution or agreement.
2972          (1) As used in this section:
2973          (a) "Enactment" means:
2974          (i) a resolution adopted or proceedings taken by a governing body under the authority
2975     of this chapter, and includes a resolution, indenture, or other instrument providing for the
2976     issuance of bonds; and
2977          (ii) an agreement or other instrument that is authorized, executed, or approved by a
2978     governing body under the authority of this chapter.
2979          (b) "Governing body" means:
2980          (i) the legislative body of a public agency; or
2981          (ii) the governing authority of an interlocal entity created under this chapter.
2982          (c) "Notice of agreement" means the notice authorized by Subsection (3)(c).
2983          (d) "Notice of bonds" means the notice authorized by Subsection (3)(d).
2984          (2) Any enactment taken or made under the authority of this chapter is not subject to
2985     referendum.
2986          (3) (a) A governing body need not publish any enactment taken or made under the
2987     authority of this chapter.
2988          (b) A governing body may provide for the publication of any enactment taken or made
2989     by it under the authority of this chapter according to the publication requirements established
2990     by this section.
2991          (c) (i) If the enactment is an agreement, document, or other instrument, or a resolution
2992     or other proceeding authorizing or approving an agreement, document, or other instrument, the
2993     governing body may, instead of publishing the full text of the agreement, resolution, or other
2994     proceeding, publish a notice of agreement containing:
2995          (A) the names of the parties to the agreement;
2996          (B) the general subject matter of the agreement;
2997          (C) the term of the agreement;
2998          (D) a description of the payment obligations, if any, of the parties to the agreement;
2999     and
3000          (E) a statement that the resolution and agreement will be available for review at the
3001     governing body's principal place of business during regular business hours for 30 days after the

3002     publication of the notice of agreement.
3003          (ii) The governing body shall make a copy of the resolution or other proceeding and a
3004     copy of the contract available at its principal place of business during regular business hours
3005     for 30 days after the publication of the notice of agreement.
3006          (d) If the enactment is a resolution or other proceeding authorizing the issuance of
3007     bonds, the governing body may, instead of publishing the full text of the resolution or other
3008     proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds
3009     that contains the information described in Subsection 11-14-316(2).
3010          (4) (a) If the governing body chooses to publish an enactment, notice of bonds, or
3011     notice of agreement, the governing body shall comply with the requirements of this Subsection
3012     (4).
3013          (b) The governing body shall post the enactment, notice of bonds, or notice of
3014     agreement [on the Utah Public Notice Website created in Section 63A-16-601] for the
3015     governing body's geographic jurisdiction, as a class A notice under Section 63G-28-102, for 30
3016     days.
3017          (5) (a) Any person in interest may contest the legality of an enactment or any action
3018     performed or instrument issued under the authority of the enactment for 30 days after the
3019     posting of the enactment, notice of bonds, or notice of agreement.
3020          (b) After the 30 days have passed, no one may contest the regularity, formality, or
3021     legality of the enactment or any action performed or instrument issued under the authority of
3022     the enactment for any cause whatsoever.
3023          Section 49. Section 11-13-509 is amended to read:
3024          11-13-509. Hearing to consider adoption -- Notice.
3025          (1) At the meeting at which the tentative budget is adopted, the governing board shall:
3026          (a) establish the time and place of a public hearing to consider its adoption; and
3027          (b) except as provided in Subsection (2) [or (5)], order that notice of the hearing[:(i)]
3028     be published, for at least seven days before the day of the hearing, [in at least one issue of a
3029     newspaper of general circulation in a county in which the interlocal entity provides service to
3030     the public or in which its members are located, if such a newspaper is generally circulated in
3031     the county or counties; and] for the interlocal entity's service area, as a class A notice under
3032     Section 63G-28-102.

3033          [(ii) be published at least seven days before the day of the hearing on the Utah Public
3034     Notice Website created in Section 63A-16-601.]
3035          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
3036     required in Subsection (1)(b):
3037          (a) may be combined with the notice required under Section 59-2-919; and
3038          (b) shall be published in accordance with the advertisement provisions of Section
3039     59-2-919.
3040          (3) Proof that notice was given in accordance with Subsection [(1)(b), (2), or (5)]
3041     (1)(b), or (2) is prima facie evidence that notice was properly given.
3042          (4) If a notice required under Subsection [(1)(b), (2), or (5)] (1)(b), or (2) is not
3043     challenged within 30 days after the day on which the hearing is held, the notice is adequate and
3044     proper.
3045          [(5) A governing board of an interlocal entity with an annual operating budget of less
3046     than $250,000 may satisfy the notice requirements in Subsection (1)(b) by:]
3047          [(a) mailing a written notice, postage prepaid, to each voter in an interlocal entity; and]
3048          [(b) posting the notice in three public places within the interlocal entity's service area.]
3049          Section 50. Section 11-14-202 is amended to read:
3050          11-14-202. Notice of election -- Voter information pamphlet option -- Changing
3051     or designating additional precinct polling places.
3052          (1) The governing body shall provide notice of the election[:] for the local political
3053     subdivision for at least three weeks before the day of the election, as a class A notice under
3054     Section 63G-28-102.
3055          [(a) (i) at least 21 days before the day of the election, by posting one notice, and at least
3056     one additional notice per 2,000 population of the local political subdivision, in places within
3057     the local political subdivision that are most likely to give notice to the voters in the local
3058     political subdivision, subject to a maximum of 10 notices; or]
3059          [(ii) at least three weeks before the day of the election, by mailing notice to each
3060     registered voter in the local political subdivision;]
3061          [(b) by posting notice on the Utah Public Notice Website, created in Section
3062     63A-16-601, for three weeks before the day of the election; and]
3063          [(c) if the local political subdivision has a website, by posting notice on the local

3064     political subdivision's website for at least three weeks before the day of the election.]
3065          (2) When the debt service on the bonds to be issued will increase the property tax
3066     imposed upon the average value of a residence by an amount that is greater than or equal to $15
3067     per year, the governing body shall prepare and mail either a voter information pamphlet or a
3068     notification described in Subsection (8):
3069          (a) at least 15 days, but not more than 45 days, before the bond election;
3070          (b) to each household containing a registered voter who is eligible to vote on the
3071     bonds; and
3072          (c) that includes the information required by Subsections (4) and (5).
3073          (3) The election officer may change the location of, or establish an additional:
3074          (a) voting precinct polling place, in accordance with Subsection (6);
3075          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
3076          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
3077          (4) The notice described in Subsection (1) and the voter information pamphlet
3078     described in Subsection (2):
3079          (a) shall include, in the following order:
3080          (i) the date of the election;
3081          (ii) the hours during which the polls will be open;
3082          (iii) the address of the Statewide Electronic Voter Information Website and, if
3083     available, the address of the election officer's website, with a statement indicating that the
3084     election officer will post on the website the location of each polling place for each voting
3085     precinct, each early voting polling place, and each election day voting center, including any
3086     changes to the location of a polling place and the location of an additional polling place;
3087          (iv) a phone number that a voter may call to obtain information regarding the location
3088     of a polling place; and
3089          (v) the title and text of the ballot proposition, including the property tax cost of the
3090     bond described in Subsection 11-14-206(2)(a); and
3091          (b) may include the location of each polling place.
3092          (5) The voter information pamphlet required by this section shall include:
3093          (a) the information required under Subsection (4); and
3094          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,

3095     which may be based on information the governing body determines to be useful, including:
3096          (i) expected debt service on the bonds to be issued;
3097          (ii) a description of the purpose, remaining principal balance, and maturity date of any
3098     outstanding general obligation bonds of the issuer;
3099          (iii) funds other than property taxes available to pay debt service on general obligation
3100     bonds;
3101          (iv) timing of expenditures of bond proceeds;
3102          (v) property values; and
3103          (vi) any additional information that the governing body determines may be useful to
3104     explain the property tax impact of issuance of the bonds.
3105          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3106     deadlines described in Subsections (1) and (2):
3107          (i) if necessary, change the location of a voting precinct polling place; or
3108          (ii) if the election officer determines that the number of voting precinct polling places
3109     is insufficient due to the number of registered voters who are voting, designate additional
3110     voting precinct polling places.
3111          (b) Except as provided in Section 20A-1-308, if an election officer changes the
3112     location of a voting precinct polling place or designates an additional voting precinct polling
3113     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
3114     times, and location of a changed voting precinct polling place or an additional voting precinct
3115     polling place:
3116          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
3117     Information Website;
3118          (ii) by posting the information on the website of the election officer, if available; and
3119          (iii) by posting notice:
3120          (A) of a change in the location of a voting precinct polling place, at the new location
3121     and, if possible, the old location; and
3122          (B) of an additional voting precinct polling place, at the additional voting precinct
3123     polling place.
3124          (7) The governing body shall pay the costs associated with the notice required by this
3125     section.

3126          (8) (a) The governing body may mail a notice printed on a postage prepaid,
3127     preaddressed return form that a person may use to request delivery of a voter information
3128     pamphlet by mail.
3129          (b) The notice described in Subsection (8)(a) shall include:
3130          (i) the website upon which the voter information pamphlet is available; and
3131          (ii) the phone number a voter may call to request delivery of a voter information
3132     pamphlet by mail.
3133          (9) A local school board shall comply with the voter information pamphlet
3134     requirements described in Section 53G-4-603.
3135          Section 51. Section 11-14-315 is amended to read:
3136          11-14-315. Nature and validity of bonds issued -- Applicability of other statutory
3137     provisions -- Budget provision required -- Applicable procedures for issuance -- Notice.
3138          Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be
3139     incontestable in the hands of bona fide purchasers or holders for value and are not invalid for
3140     any irregularity or defect in the proceedings for their issuance and sale. This chapter is
3141     intended to afford an alternative method for the issuance of bonds by local political
3142     subdivisions and may not be so construed as to deprive any local political subdivision of the
3143     right to issue its bonds under authority of any other statute, but nevertheless this chapter shall
3144     constitute full authority for the issue and sale of bonds by local political subdivisions. The
3145     provisions of Section 11-1-1 are not applicable to bonds issued under this chapter. Any local
3146     political subdivision subject to the provisions of any budget law shall in its annual budget make
3147     proper provision for the payment of principal and interest currently falling due on bonds issued
3148     hereunder, but no provision need be made in any such budget prior to the issuance of the bonds
3149     for the issuance thereof or for the expenditure of the proceeds thereof. No ordinance,
3150     resolution or proceeding in respect to the issuance of bonds hereunder shall be necessary except
3151     as herein specifically required, nor shall the publication of any resolution, proceeding or notice
3152     relating to the issuance of the bonds be necessary except as herein required. Any publication
3153     made hereunder shall be made by [posting on the Utah Public Notice Website created in
3154     Section 63A-16-601] providing notice for the local political subdivision, as a class A notice
3155     under Section 63G-28-102. No resolution adopted or proceeding taken hereunder shall be
3156     subject to referendum petition or to an election other than as herein required. All proceedings

3157     adopted hereunder may be adopted on a single reading at any legally convened meeting of the
3158     governing body.
3159          Section 52. Section 11-14-316 is amended to read:
3160          11-14-316. Publication of notice, resolution, or other proceeding -- Contest.
3161          (1) The governing body of any local political subdivision may provide for the
3162     publication of any resolution or other proceeding adopted under this chapter:
3163          (a) [in a newspaper having general circulation in] for the local political subdivision, as
3164     a class A notice under Section 63G-28-102, for at least 30 days; and
3165          (b) as required in Section 45-1-101.
3166          (2) When a resolution or other proceeding provides for the issuance of bonds, the
3167     governing body may, in lieu of publishing the entire resolution or other proceeding, publish a
3168     notice of bonds to be issued, titled as such, containing:
3169          (a) the name of the issuer;
3170          (b) the purpose of the issue;
3171          (c) the type of bonds and the maximum principal amount which may be issued;
3172          (d) the maximum number of years over which the bonds may mature;
3173          (e) the maximum interest rate which the bonds may bear, if any;
3174          (f) the maximum discount from par, expressed as a percentage of principal amount, at
3175     which the bonds may be sold;
3176          (g) a general description of the security pledged for repayment of the bonds;
3177          (h) the total par amount of bonds currently outstanding that are secured by the same
3178     pledge of revenues as the proposed bonds, if any;
3179          (i) information on a method by which an individual may obtain access to more detailed
3180     information relating to the outstanding bonds of the local political subdivision;
3181          (j) the estimated total cost to the local political subdivision for the proposed bonds if
3182     the bonds are held until maturity, based on interest rates in effect at the time that the local
3183     political subdivision publishes the notice; and
3184          (k) the times and place where a copy of the resolution or other proceeding may be
3185     examined, which shall be:
3186          (i) at an office of the issuer identified in the notice, during regular business hours of the
3187     issuer as described in the notice; and

3188          (ii) for a period of at least 30 days after the publication of the notice.
3189          (3) For a period of 30 days after the publication, any person in interest may contest:
3190          (a) the legality of such resolution or proceeding;
3191          (b) any bonds which may be authorized by such resolution or proceeding; or
3192          (c) any provisions made for the security and payment of the bonds.
3193          (4) A person shall contest the matters set forth in Subsection (3) by filing a verified
3194     written complaint in the district court of the county in which he resides within the 30-day
3195     period.
3196          (5) After the 30-day period, no person may contest the regularity, formality, or legality
3197     of the resolution or proceeding for any reason.
3198          Section 53. Section 11-14-318 is amended to read:
3199          11-14-318. Public hearing required -- Notice.
3200          (1) Before issuing bonds authorized under this chapter, a local political subdivision
3201     shall:
3202          (a) in accordance with Subsection (2), provide public notice of the local political
3203     subdivision's intent to issue bonds; and
3204          (b) hold a public hearing:
3205          (i) if an election is required under this chapter:
3206          (A) no sooner than 30 days before the day on which the notice of election is published
3207     under Section 11-14-202; and
3208          (B) no later than five business days before the day on which the notice of election is
3209     published under Section 11-14-202; and
3210          (ii) to receive input from the public with respect to:
3211          (A) the issuance of the bonds; and
3212          (B) the potential economic impact that the improvement, facility, or property for which
3213     the bonds pay all or part of the cost will have on the private sector.
3214          (2) A local political subdivision shall:
3215          (a) publish the notice required by Subsection (1)(a) [on the Utah Public Notice
3216     Website, created under Section 63A-16-601,] for the local political subdivision, as a class A
3217     notice under Section 63G-28-102, for no less than 14 days before the day of the public hearing
3218     required by Subsection (1)(b); and

3219          (b) ensure that the notice:
3220          (i) identifies:
3221          (A) the purpose for the issuance of the bonds;
3222          (B) the maximum principal amount of the bonds to be issued;
3223          (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
3224          (D) the time, place, and location of the public hearing; and
3225          (ii) informs the public that the public hearing will be held for the purposes described in
3226     Subsection (1)(b)(ii).
3227          Section 54. Section 11-14a-1 is amended to read:
3228          11-14a-1. Notice of debt issuance.
3229          (1) For purposes of this chapter:
3230          (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
3231     and contracts with municipal building authorities.
3232          (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
3233          (b) (i) "Local government entity" means a county, city, town, school district, local
3234     district, or special service district.
3235          (ii) "Local government entity" does not mean an entity created by an interlocal
3236     agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
3237     $10,000,000.
3238          (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
3239     or partially to fund a rejected project.
3240          (d) "Rejected Project" means a project for which a local government entity sought
3241     voter approval for general obligation bond financing and failed to receive that approval.
3242          (2) Unless a local government entity complies with the requirements of this section, it
3243     may not adopt a new debt resolution.
3244          (3) (a) Before adopting a new debt resolution, a local government entity shall[:]
3245          [(i)] advertise the local government entity's intent to issue debt by [posting] providing a
3246     notice of that intent [on the Utah Public Notice Website created in Section 63A-16-601,] for
3247     the local government entity, as a class A notice under Section 63G-28-102, for the two weeks
3248     before the meeting at which the resolution will be considered[; or].
3249          [(ii) include notice of its intent to issue debt in a bill or other mailing sent to at least

3250     95% of the residents of the local government entity.]
3251          (b) The local government entity shall ensure that the notice:
3252          (i) except for website publication, is at least as large as the bill or other mailing that it
3253     accompanies;
3254          (ii) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
3255          (iii) contains the information required by Subsection (3)(c).
3256          (c) The local government entity shall ensure that the advertisement or notice described
3257     in Subsection (3)(a):
3258          (i) identifies the local government entity;
3259          (ii) states that the entity will meet on a day, time, and place identified in the
3260     advertisement or notice to hear public comments regarding a resolution authorizing the
3261     issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
3262          (iii) contains:
3263          (A) the name of the entity that will issue the debt;
3264          (B) the purpose of the debt; and
3265          (C) that type of debt and the maximum principal amount that may be issued;
3266          (iv) invites all concerned citizens to attend the public hearing; and
3267          (v) states that some or all of the proposed debt would fund a project whose general
3268     obligation bond financing was rejected by the voters.
3269          (4) (a) The resolution considered at the hearing shall identify:
3270          (i) the type of debt proposed to be issued;
3271          (ii) the maximum principal amount that might be issued;
3272          (iii) the interest rate;
3273          (iv) the term of the debt; and
3274          (v) how the debt will be repaid.
3275          (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
3276     hearing need not be in final form and need not be adopted or rejected at the meeting at which
3277     the public hearing is held.
3278          (ii) The local government entity may not, in the final resolution, increase the maximum
3279     principal amount of debt contained in the notice and discussed at the hearing.
3280          (c) The local government entity may adopt, amend and adopt, or reject the resolution at

3281     a later meeting without recomplying with the published notice requirements of this section.
3282          Section 55. Section 11-17-16 is amended to read:
3283          11-17-16. Publication of resolutions and notice of bonds to be issued.
3284          (1) (a) The governing body may provide for the publication of any resolution or other
3285     proceeding adopted by it under this chapter, including all resolutions providing for the sale or
3286     lease of any land by the municipality, county, or state university in connection with the
3287     establishment, acquisition, development, maintenance, and operation of an industrial park.
3288          (b) The publication shall be given:
3289          (i) [The publication shall be:] as a class A notice under Section 63G-28-102, for at
3290     least seven days:
3291          (A) [in a newspaper qualified to carry legal notices having general circulation in] for
3292     the municipality or county; or
3293          (B) in the case of a state university, [in a newspaper of general circulation in] for the
3294     county within which the principal administrative office of the state university is located; and
3295          (ii) as required in Section 45-1-101.
3296          (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
3297     governing body may, in lieu of publishing the entire resolution or other proceeding, publish a
3298     notice of bonds to be issued, titled as such, containing:
3299          (a) the name of the issuer;
3300          (b) the purpose of the issue;
3301          (c) the name of the users, if known;
3302          (d) the maximum principal amount which may be issued;
3303          (e) the maximum number of years over which the bonds may mature; and
3304          (f) the times and place where a copy of the resolution or other proceeding may be
3305     examined, which shall be at an office of the issuer, identified in the notice, during regular
3306     business hours of the issuer as described in the notice and for a period of at least 30 days after
3307     the publication of the notice.
3308          (3) For a period of 30 days after publication any person in interest may contest the
3309     legality of the resolution, proceeding, any bonds which may be authorized under them, or any
3310     provisions made for the security and payment of the bonds. After expiration of the 30-day
3311     period no person may contest the regularity, formality, or legality of the resolution,

3312     proceedings, bonds, or security provisions for any cause.
3313          Section 56. Section 11-27-4 is amended to read:
3314          11-27-4. Publication of resolution -- Notice of bond issue -- Contest of resolution
3315     or proceeding.
3316          (1) The governing body of any public body may provide for the publication of any
3317     resolution or other proceeding adopted by it under this chapter:
3318          (a) [in a newspaper having general circulation in] for the public body, as a class A
3319     notice under Section 63G-28-102, for at least seven days; and
3320          (b) as required in Section 45-1-101.
3321          (2) In case of a resolution or other proceeding providing for the issuance of refunding
3322     bonds (or for a combined issue of refunding bonds and bonds issued for any other purpose), the
3323     governing body may, instead of publishing the entire resolution or other proceeding, publish a
3324     notice of bonds to be issued, entitled accordingly, and containing:
3325          (a) the name of the issuer;
3326          (b) the purposes of the issue;
3327          (c) the maximum principal amount which may be issued;
3328          (d) the maximum number of years over which the bonds may mature;
3329          (e) the maximum interest rate which the bonds may bear;
3330          (f) the maximum discount from par, expressed as a percentage of principal amount, at
3331     which the bonds may be sold;
3332          (g) a general description of the security pledged for repayment of the bonds; and
3333          (h) the times and place where a copy of the resolution or other proceeding authorizing
3334     the issuance of the bonds may be examined, which shall be at an office of the governing body
3335     identified in the notice, during regular business hours of the governing body as described in the
3336     notice and for a period of at least 30 days after the publication of the notice.
3337          (3) For a period of 30 days after the publication, any person in interest shall have the
3338     right to contest the legality of the resolution or proceeding or any bonds which may be so
3339     authorized or any provisions made for the security and payment of these bonds; and after this
3340     time no person shall have any cause of action to contest the regularity, formality, or legality
3341     thereof for any cause.
3342          Section 57. Section 11-27-5 is amended to read:

3343          11-27-5. Negotiability of bonds -- Intent and construction of chapter -- Budget for
3344     payment of bonds -- Proceedings limited to those required by chapter -- Notice -- No
3345     election required -- Application of chapter.
3346          (1) Refunding bonds shall have all the qualities of negotiable paper, shall be
3347     incontestable in the hands of bona fide purchasers or holders for value, and are not invalid for
3348     any irregularity or defect in the proceedings for their issuance and sale. This chapter is
3349     intended to afford an alternative method for the issuance of refunding bonds by public bodies
3350     and may not be construed to deprive any public body of the right to issue bonds for refunding
3351     purposes under authority of any other statute, but this chapter, nevertheless, shall constitute full
3352     authority for the issue and sale of refunding bonds by public bodies. Section 11-1-1, however,
3353     is not applicable to refunding bonds.
3354          (2) Any public body subject to any budget law shall in its annual budget make proper
3355     provision for the payment of principal and interest currently falling due on refunding bonds,
3356     but no provision need be made in the budget prior to the issuance of the refunding bonds for
3357     their issuance or for the expenditure of the proceeds from them.
3358          (3) (a) No ordinance, resolution, or proceeding concerning the issuance of refunding
3359     bonds nor the publication of any resolution, proceeding, or notice relating to the issuance of the
3360     refunding bonds shall be necessary except as specifically required by this chapter.
3361          (b) A publication made under this chapter may be made:
3362          [(i) in any newspaper in which legal notices may be published under the laws of Utah,
3363     without regard to its designation as the official journal or newspaper of the public body; and]
3364          (i) for the public body, as a class A notice under Section 63G-28-102; and
3365          (ii) as required in Section 45-1-101.
3366          (4) No resolution adopted or proceeding taken under this chapter shall be subject to any
3367     referendum petition or to an election other than as required by this chapter. All proceedings
3368     adopted under this chapter may be adopted on a single reading at any legally-convened meeting
3369     of the governing body. This chapter shall apply to all bonds issued and outstanding at the time
3370     this chapter takes effect as well as to bonds issued after this chapter takes effect.
3371          Section 58. Section 11-30-5 is amended to read:
3372          11-30-5. Publication of order for hearing.
3373          (1) Prior to the date set for hearing, the clerk of the court shall [cause] publish the order

3374     [to be published by posting the order on the Utah Public Notice Website created in Section
3375     63A-16-601] for the public body's jurisdiction, as a class A notice under Section 63G-28-102,
3376     for three weeks.
3377          (2) If a refunding bond is being validated, all holders of the bonds to be refunded may
3378     be made defendants to the action, in which case notice may be made, and if so made shall be
3379     considered sufficient, by mailing a copy of the order to each holder's last-known address.
3380          (3) By publication of the order, all defendants shall have been duly served and shall be
3381     parties to the proceedings.
3382          Section 59. Section 11-32-10 is amended to read:
3383          11-32-10. Application to other laws and proceedings -- Notice.
3384          (1) This chapter is supplemental to all existing laws relating to the collection of
3385     delinquent taxes by participant members.
3386          (2) (a) No ordinance, resolution, or proceeding in respect to any transaction authorized
3387     by this chapter is necessary except as specifically required in this chapter nor is the publication
3388     of any resolution, proceeding, or notice relating to any transaction authorized by this chapter
3389     necessary except as required by this chapter.
3390          (b) A publication made under this chapter may be made:
3391          [(i) in a newspaper conforming to the terms of this chapter and in which legal notices
3392     may be published under the laws of Utah, without regard to the designation of it as the official
3393     journal or newspaper of the public body]
3394          (i) for the public body's jurisdiction, as a class A notice under Section 63G-28-102, for
3395     at least seven days; and
3396          (ii) as required in Section 45-1-101.
3397          (c) No resolution adopted or proceeding taken under this chapter may be subject to
3398     referendum petition or to an election other than as permitted in this chapter.
3399          (d) All proceedings adopted under this chapter may be adopted on a single reading at
3400     any legally convened meeting of the governing body or bodies or the board of trustees of the
3401     authority as appropriate.
3402          (3) Any formal action or proceeding taken by the governing body of a county or other
3403     public body or the board of trustees of an authority under the authority of this chapter may be
3404     taken by resolution of the governing body or the board of trustees as appropriate.

3405          (4) This chapter shall apply to all authorities created, assignment agreements executed,
3406     and bonds issued after this chapter takes effect.
3407          (5) All proceedings taken before the effective date of this chapter by a county or other
3408     public body in connection with the creation and operation of a financing authority are
3409     validated, ratified, approved, and confirmed.
3410          Section 60. Section 11-32-11 is amended to read:
3411          11-32-11. Publication of resolutions -- Notice -- Content.
3412          (1) The governing body of any county, or the board of trustees of any financing
3413     authority, may provide for the publication of any resolution or other proceeding adopted by it
3414     under this chapter:
3415          (a) [in a newspaper having general circulation in] for the county, as a class A notice
3416     under Section 63G-28-102, for at least seven days; and
3417          (b) as required in Section 45-1-101.
3418          (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
3419     board of trustees of a financing authority may, in lieu of publishing the entire resolution or
3420     other proceeding, publish a notice of bonds to be issued, titled as such, containing:
3421          (a) the name of the financing authority and the participant members;
3422          (b) the purposes of the issue;
3423          (c) the maximum principal amount which may be issued;
3424          (d) the maximum number of years over which the bonds may mature;
3425          (e) the maximum interest rate which the bonds may bear;
3426          (f) the maximum discount from par, expressed as a percentage of principal amount, at
3427     which the bonds may be sold; and
3428          (g) the time and place where a copy of the resolution or other proceedings authorizing
3429     the issuance of the bonds may be examined, which shall be at an office of the financing
3430     authority, identified in the notice, during regular business hours of the financing authority as
3431     described in the notice and for a period of at least 30 days after the publication of the notice.
3432          (3) For a period of 30 days after the publication, any person in interest may contest the
3433     legality of the resolution or proceeding or any bonds or assignment agreements which may be
3434     authorized by them or any provisions made for the security and payment of the bonds or for the
3435     security and payment of the assignment agreement. After such time no person has any cause of

3436     action to contest the regularity, formality, or legality of same for any cause.
3437          Section 61. Section 11-36a-501 is amended to read:
3438          11-36a-501. Notice of intent to prepare an impact fee facilities plan.
3439          (1) Before preparing or amending an impact fee facilities plan, a local political
3440     subdivision or private entity shall provide written notice of its intent to prepare or amend an
3441     impact fee facilities plan.
3442          (2) A notice required under Subsection (1) shall:
3443          (a) indicate that the local political subdivision or private entity intends to prepare or
3444     amend an impact fee facilities plan;
3445          (b) describe or provide a map of the geographic area where the proposed impact fee
3446     facilities will be located; and
3447          (c) subject to Subsection (3), be [posted on the Utah Public Notice Website created
3448     under Section 63A-16-601] provided for the geographic area where the proposed impact fee
3449     facilities will be located, as a class A notice under Section 63G-28-102, for at least 10 days.
3450          (3) For a private entity required to post notice [on the Utah Public Notice Website]
3451     under Subsection (2)(c):
3452          (a) the private entity shall give notice to the general purpose local government in which
3453     the private entity's private business office is located; and
3454          (b) the general purpose local government described in Subsection (3)(a) shall post the
3455     notice on the Utah Public Notice Website and, as available, on the general purpose local
3456     government's website.
3457          Section 62. Section 11-36a-503 is amended to read:
3458          11-36a-503. Notice of preparation of an impact fee analysis.
3459          (1) Before preparing or contracting to prepare an impact fee analysis, each local
3460     political subdivision or, subject to Subsection (2), private entity shall [post] provide a public
3461     notice [on the Utah Public Notice Website created under Section 63A-16-601] for the local
3462     political subdivision, as a class A notice under Section 63G-28-102, for at least 10 days.
3463          (2) For a private entity required to post notice [on the Utah Public Notice Website]
3464     under Subsection (1):
3465          (a) the private entity shall give notice to the general purpose local government in which
3466     the private entity's primary business is located; and

3467          (b) the general purpose local government described in Subsection (2)(a) shall post the
3468     notice on the Utah Public Notice Website and, as available, on the general purpose local
3469     government's website.
3470          Section 63. Section 11-36a-504 is amended to read:
3471          11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing --
3472     Protections.
3473          (1) Before adopting an impact fee enactment:
3474          (a) a municipality legislative body shall:
3475          (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee
3476     enactment were a land use regulation;
3477          (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment
3478     were a land use regulation; and
3479          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
3480     Section 10-9a-801 as if the impact fee were a land use regulation;
3481          (b) a county legislative body shall:
3482          (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee
3483     enactment were a land use regulation;
3484          (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee
3485     enactment were a land use regulation; and
3486          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
3487     Section 17-27a-801 as if the impact fee were a land use regulation;
3488          (c) a local district or special service district shall:
3489          (i) comply with the notice and hearing requirements of Section 17B-1-111; and
3490          (ii) receive the protections of Section 17B-1-111;
3491          (d) a local political subdivision shall at least 10 days before the day on which a public
3492     hearing is scheduled in accordance with this section:
3493          (i) make a copy of the impact fee enactment available to the public; and
3494          (ii) [post] provide notice of the local political subdivision's intent to enact or modify
3495     the impact fee, specifying the type of impact fee being enacted or modified, [on the Utah Public
3496     Notice Website created under Section 63A-16-601; and] for the local political subdivision, as a
3497     class A notice under Section 63G-28-102, for at least 10 days; and

3498          (e) a local political subdivision shall submit a copy of the impact fee analysis and a
3499     copy of the summary of the impact fee analysis prepared in accordance with Section
3500     11-36a-303 on its website or to each public library within the local political subdivision.
3501          (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
3502     commission in the impact fee enactment process.
3503          Section 64. Section 11-39-103 is amended to read:
3504          11-39-103. Requirements for undertaking a building improvement or public
3505     works project -- Request for bids -- Notice -- Authority to reject bids.
3506          (1) If the estimated cost of the building improvement or public works project exceeds
3507     the bid limit, the local entity shall, if it determines to proceed with the building improvement or
3508     public works project:
3509          (a) request bids for completion of the building improvement or public works project
3510     by[:(i) posting] providing notice for the local entity, as a class A notice under Section
3511     63G-28-102, for at least five days before opening the bids [in at least five public places in the
3512     local entity] and leaving the notice posted for at least three days; and
3513          [(ii) posting notice on the Utah Public Notice Website created in Section 63A-16-601,
3514     at least five days before opening the bids; and]
3515          (b) except as provided in Subsection (3), enter into a contract for the completion of the
3516     building improvement or public works project with:
3517          (i) the lowest responsive responsible bidder; or
3518          (ii) for a design-build project formulated by a local entity, a responsible bidder that:
3519          (A) offers design-build services; and
3520          (B) satisfies the local entity's criteria relating to financial strength, past performance,
3521     integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
3522     to perform fully and in good faith the contract requirements for a design-build project.
3523          (2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
3524     any or all bids submitted.
3525          (b) (i) The cost of a building improvement or public works project may not be divided
3526     to avoid:
3527          (A) exceeding the bid limit; and
3528          (B) subjecting the local entity to the requirements of this section.

3529          (ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
3530     building improvement or public works project that would, without dividing, exceed the bid
3531     limit if the local entity complies with the requirements of this section with respect to each part
3532     of the building improvement or public works project that results from dividing the cost.
3533          (3) (a) The local entity may reject any or all bids submitted.
3534          (b) If the local entity rejects all bids submitted but still intends to undertake the
3535     building improvement or public works project, the local entity shall again request bids by
3536     following the procedure provided in Subsection (1)(a).
3537          (c) If, after twice requesting bids by following the procedure provided in Subsection
3538     (1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
3539     body may undertake the building improvement or public works project as it considers
3540     appropriate.
3541          Section 65. Section 11-42-202 is amended to read:
3542          11-42-202. Requirements applicable to a notice of a proposed assessment area
3543     designation -- Notice.
3544          (1) Each notice required under Subsection 11-42-201(2)(a) shall:
3545          (a) state that the local entity proposes to:
3546          (i) designate one or more areas within the local entity's jurisdictional boundaries as an
3547     assessment area;
3548          (ii) provide an improvement to property within the proposed assessment area; and
3549          (iii) finance some or all of the cost of improvements by an assessment on benefitted
3550     property within the assessment area;
3551          (b) describe the proposed assessment area by any reasonable method that allows an
3552     owner of property in the proposed assessment area to determine that the owner's property is
3553     within the proposed assessment area;
3554          (c) describe, in a general and reasonably accurate way, the improvements to be
3555     provided to the assessment area, including:
3556          (i) the nature of the improvements; and
3557          (ii) the location of the improvements, by reference to streets or portions or extensions
3558     of streets or by any other means that the governing body chooses that reasonably describes the
3559     general location of the improvements;

3560          (d) state the estimated cost of the improvements as determined by a project engineer;
3561          (e) for the [version of] notice mailed [in accordance with] under Subsection [(4)(b)]
3562     (4), state the estimated total assessment specific to the benefitted property for which the notice
3563     is mailed;
3564          (f) state that the local entity proposes to levy an assessment on benefitted property
3565     within the assessment area to pay some or all of the cost of the improvements according to the
3566     estimated benefits to the property from the improvements;
3567          (g) if applicable, state that an unassessed benefitted government property will receive
3568     improvements for which the cost will be allocated proportionately to the remaining benefitted
3569     properties within the proposed assessment area and that a description of each unassessed
3570     benefitted government property is available for public review at the location or website
3571     described in Subsection (6);
3572          (h) state the assessment method by which the governing body proposes to calculate the
3573     proposed assessment, including, if the local entity is a municipality or county, whether the
3574     assessment will be collected:
3575          (i) by directly billing a property owner; or
3576          (ii) by inclusion on a property tax notice issued in accordance with Section 59-2-1317
3577     and in compliance with Section 11-42-401;
3578          (i) state:
3579          (i) the date described in Section 11-42-203 and the location at which protests against
3580     designation of the proposed assessment area or of the proposed improvements are required to
3581     be filed;
3582          (ii) the method by which the governing body will determine the number of protests
3583     required to defeat the designation of the proposed assessment area or acquisition or
3584     construction of the proposed improvements; and
3585          (iii) in large, boldface, and conspicuous type that a property owner must protest the
3586     designation of the assessment area in writing if the owner objects to the area designation or
3587     being assessed for the proposed improvements, operation and maintenance costs, or economic
3588     promotion activities;
3589          (j) state the date, time, and place of the public hearing required in Section 11-42-204;
3590          (k) if the governing body elects to create and fund a reserve fund under Section

3591     11-42-702, include a description of:
3592          (i) how the reserve fund will be funded and replenished; and
3593          (ii) how remaining money in the reserve fund is to be disbursed upon full payment of
3594     the bonds;
3595          (l) if the governing body intends to designate a voluntary assessment area, include a
3596     property owner consent form that:
3597          (i) estimates the total assessment to be levied against the particular parcel of property;
3598          (ii) describes any additional benefits that the governing body expects the assessed
3599     property to receive from the improvements;
3600          (iii) designates the date and time by which the fully executed consent form is required
3601     to be submitted to the governing body; and
3602          (iv) if the governing body intends to enforce an assessment lien on the property in
3603     accordance with Subsection 11-42-502.1(2)(a)(ii)(C):
3604          (A) appoints a trustee that satisfies the requirements described in Section 57-1-21;
3605          (B) gives the trustee the power of sale;
3606          (C) is binding on the property owner and all successors; and
3607          (D) explains that if an assessment or an installment of an assessment is not paid when
3608     due, the local entity may sell the property owner's property to satisfy the amount due plus
3609     interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
3610          (m) if the local entity intends to levy an assessment to pay operation and maintenance
3611     costs or for economic promotion activities, include:
3612          (i) a description of the operation and maintenance costs or economic promotion
3613     activities to be paid by assessments and the initial estimated annual assessment to be levied;
3614          (ii) a description of how the estimated assessment will be determined;
3615          (iii) a description of how and when the governing body will adjust the assessment to
3616     reflect the costs of:
3617          (A) in accordance with Section 11-42-406, current economic promotion activities; or
3618          (B) current operation and maintenance costs;
3619          (iv) a description of the method of assessment if different from the method of
3620     assessment to be used for financing any improvement; and
3621          (v) a statement of the maximum number of years over which the assessment will be

3622     levied for:
3623          (A) operation and maintenance costs; or
3624          (B) economic promotion activities;
3625          (n) if the governing body intends to divide the proposed assessment area into
3626     classifications under Subsection 11-42-201(1)(b), include a description of the proposed
3627     classifications;
3628          (o) if applicable, state the portion and value of the improvement that will be increased
3629     in size or capacity to serve property outside of the assessment area and how the increases will
3630     be financed; and
3631          (p) state whether the improvements will be financed with a bond and, if so, the
3632     currently estimated interest rate and term of financing, subject to Subsection (2), for which the
3633     benefitted properties within the assessment area may be obligated.
3634          (2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
3635     interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
3636     subject to the market rate at the time of the issuance of the bond.
3637          (3) A notice required under Subsection 11-42-201(2)(a) may contain other information
3638     that the governing body considers to be appropriate, including:
3639          (a) the amount or proportion of the cost of the improvement to be paid by the local
3640     entity or from sources other than an assessment;
3641          (b) the estimated total amount of each type of assessment for the various improvements
3642     to be financed according to the method of assessment that the governing body chooses; and
3643          (c) provisions for any improvements described in Subsection 11-42-102(25)(a)(ii).
3644          (4) Each notice required under Subsection 11-42-201(2)(a) shall[:] be published for the
3645     governing body's jurisdiction, as a class B notice under Section 63G-28-102, for at least 20
3646     days, but not more than 35 days, before the day of the hearing required in Section 11-42-204.
3647          [(a) (i) be posted in at least three public places within the local entity's jurisdictional
3648     boundaries at least 20 but not more than 35 days before the day of the hearing required in
3649     Section 11-42-204; and]
3650          [(ii) be published on the Utah Public Notice Website described in Section 63A-16-601
3651     for four weeks before the deadline for filing protests specified in the notice under Subsection
3652     (1)(i); and]

3653          [(b) be mailed, postage prepaid, within 10 days after the first publication or posting of
3654     the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
3655     assessment area at the property owner's mailing address.]
3656          (5) (a) The local entity may record the version of the notice that is published or posted
3657     in accordance with Subsection [(4)(a)] (4) with the office of the county recorder, by legal
3658     description and tax identification number as identified in county records, against the property
3659     proposed to be assessed.
3660          (b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
3661     after the day on which the local entity records the notice if the local entity has failed to adopt
3662     the designation ordinance or resolution under Section 11-42-201 designating the assessment
3663     area for which the notice was recorded.
3664          (6) A local entity shall make available on the local entity's website, or, if no website is
3665     available, at the local entity's place of business, the address and type of use of each unassessed
3666     benefitted government property described in Subsection (1)(g).
3667          (7) If a governing body fails to provide actual or constructive notice under this section,
3668     the local entity may not assess a levy against a benefitted property omitted from the notice
3669     unless:
3670          (a) the property owner gives written consent;
3671          (b) the property owner received notice under Subsection 11-42-401(2)(a)(iii) and did
3672     not object to the levy of the assessment before the final hearing of the board of equalization; or
3673          (c) the benefitted property is conveyed to a subsequent purchaser and, before the date
3674     of conveyance, the requirements of Subsections 11-42-206(3)(a)(i) and (ii), or, if applicable,
3675     Subsection 11-42-207(1)(d)(i) are met.
3676          Section 66. Section 11-42-301 is amended to read:
3677          11-42-301. Improvements made only under contract let to lowest responsive,
3678     responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to
3679     contract requirement.
3680          (1) Except as otherwise provided in this section, a local entity may make improvements
3681     in an assessment area only under contract let to the lowest responsive, responsible bidder for
3682     the kind of service, material, or form of construction that the local entity's governing body
3683     determines in compliance with any applicable local entity ordinances.

3684          (2) A local entity may:
3685          (a) divide improvements into parts;
3686          (b) (i) let separate contracts for each part; or
3687          (ii) combine multiple parts into the same contract; and
3688          (c) let a contract on a unit basis.
3689          (3) (a) A local entity may not let a contract until after [posting] providing notice as
3690     provided in Subsection (3)(b), [on the Utah Public Notice Website created in Section
3691     63A-16-601,] as a class A notice under Section 63G-28-102, for at least 15 days before the date
3692     specified for receipt of bids.
3693          (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
3694     receive sealed bids at a specified time and place for the construction of the improvements.
3695          (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
3696     publish the notice or to publish the notice within 15 days before the date specified for receipt of
3697     bids, the governing body may proceed to let a contract for the improvements if the local entity
3698     receives at least three sealed and bona fide bids from contractors by the time specified for the
3699     receipt of bids.
3700          (d) A local entity may publish a notice required under this Subsection (3) at the same
3701     time as a notice under Section 11-42-202.
3702          (4) (a) A local entity may accept as a sealed bid a bid that is:
3703          (i) manually sealed and submitted; or
3704          (ii) electronically sealed and submitted.
3705          (b) The governing body or project engineer shall, at the time specified in the notice
3706     under Subsection (3), open and examine the bids.
3707          (c) In open session, the governing body:
3708          (i) shall declare the bids; and
3709          (ii) may reject any or all bids if the governing body considers the rejection to be for the
3710     public good.
3711          (d) The local entity may award the contract to the lowest responsive, responsible bidder
3712     even if the price bid by that bidder exceeds the estimated costs as determined by the project
3713     engineer.
3714          (e) A local entity may in any case:

3715          (i) refuse to award a contract;
3716          (ii) obtain new bids after giving a new notice under Subsection (3);
3717          (iii) determine to abandon the assessment area; or
3718          (iv) not make some of the improvements proposed to be made.
3719          (5) A local entity is not required to let a contract as provided in this section for:
3720          (a) an improvement or part of an improvement the cost of which or the making of
3721     which is donated or contributed;
3722          (b) an improvement that consists of furnishing utility service or maintaining
3723     improvements;
3724          (c) labor, materials, or equipment supplied by the local entity;
3725          (d) the local entity's acquisition of completed or partially completed improvements in
3726     an assessment area;
3727          (e) design, engineering, and inspection costs incurred with respect to the construction
3728     of improvements in an assessment area; or
3729          (f) additional work performed in accordance with the terms of a contract duly let to the
3730     lowest responsive, responsible bidder.
3731          (6) A local entity may itself furnish utility service and maintain improvements within
3732     an assessment area.
3733          (7) (a) A local entity may acquire completed or partially completed improvements in an
3734     assessment area, but may not pay an amount for those improvements that exceeds their fair
3735     market value.
3736          (b) Upon the local entity's payment for completed or partially completed
3737     improvements, title to the improvements shall be conveyed to the local entity or another public
3738     agency.
3739          (8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
3740     Projects, and Section 72-6-108 do not apply to improvements to be constructed in an
3741     assessment area.
3742          Section 67. Section 11-42-402 is amended to read:
3743          11-42-402. Notice of assessment and board of equalization hearing.
3744          Each notice required under Subsection 11-42-401(2)(a)(iii) shall:
3745          (1) state:

3746          (a) that an assessment list is completed and available for examination at the offices of
3747     the local entity;
3748          (b) the total estimated or actual cost of the improvements;
3749          (c) the amount of the total estimated or actual cost of the proposed improvements to be
3750     paid by the local entity;
3751          (d) the amount of the assessment to be levied against benefitted property within the
3752     assessment area;
3753          (e) the assessment method used to calculate the proposed assessment;
3754          (f) the unit cost used to calculate the assessments shown on the assessment list, based
3755     on the assessment method used to calculate the proposed assessment; and
3756          (g) the dates, times, and place of the board of equalization hearings under Subsection
3757     11-42-401(2)(b)(i); and
3758          (2) [(a) beginning] for at least 20, but not more than 35, days before the day on which
3759     the first hearing of the board of equalization is held, be [posted in at least three public places
3760     within the local entity's jurisdictional boundaries; and] published for the local entity's
3761     jurisdiction, as a class B notice under Section 63G-28-102.
3762          [(b) be published on the Utah Public Notice Website created in Section 63A-16-601 for
3763     35 days immediately before the day on which the first hearing of the board of equalization is
3764     held; and]
3765          [(3) be mailed, postage prepaid, within 10 days after the first publication or posting of
3766     the notice under Subsection (2) to each owner of property to be assessed within the proposed
3767     assessment area at the property owner's mailing address.]
3768          Section 68. Section 11-42-404 is amended to read:
3769          11-42-404. Adoption of a resolution or ordinance levying an assessment -- Notice
3770     of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
3771     interest.
3772          (1) (a) After receiving a final report from a board of equalization under Subsection
3773     11-42-403(5) or, if applicable, after the time for filing an appeal under Subsection
3774     11-42-403(6) has passed, the governing body may adopt a resolution or ordinance levying an
3775     assessment against benefitted property within the assessment area designated in accordance
3776     with Part 2, Designating an Assessment Area.

3777          (b) Except as provided in Subsection (1)(c), a local entity may not levy more than one
3778     assessment under this chapter for an assessment area designated in accordance with Part 2,
3779     Designating an Assessment Area.
3780          (c) A local entity may levy more than one assessment in an assessment area designated
3781     in accordance with Part 2, Designating an Assessment Area, if:
3782          (i) the local entity has adopted a designation resolution or designation ordinance for
3783     each assessment in accordance with Section 11-42-201; and
3784          (ii) the assessment is levied to pay:
3785          (A) subject to Section 11-42-401, operation and maintenance costs;
3786          (B) subject to Section 11-42-406, the costs of economic promotion activities; or
3787          (C) the costs of environmental remediation activities.
3788          (d) An assessment resolution or ordinance adopted under Subsection (1)(a):
3789          (i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
3790     be assessed;
3791          (ii) need not include the legal description or tax identification number of the parcels of
3792     property assessed in the assessment area; and
3793          (iii) is adequate for purposes of identifying the property to be assessed within the
3794     assessment area if the assessment resolution or ordinance incorporates by reference the
3795     corrected assessment list that describes the property assessed by legal description and tax
3796     identification number.
3797          (2) (a) A local entity that adopts an assessment resolution or ordinance shall give notice
3798     of the adoption [by:] for the local entity's jurisdiction, as a class A notice under Section
3799     63G-28-102, for at least 21 days.
3800          [(i) posting a copy of the resolution or ordinance in at least three public places within
3801     the local entity's jurisdictional boundaries for at least 21 days; and]
3802          [(ii) posting a copy of the resolution or ordinance on the Utah Public Notice Website
3803     created in Section 63A-16-601 for at least 21 days.]
3804          (b) No other publication or posting of the resolution or ordinance is required.
3805          (3) Notwithstanding any other statutory provision regarding the effective date of a
3806     resolution or ordinance, each assessment resolution or ordinance takes effect:
3807          (a) on the date of publication or posting of the notice under Subsection (2); or

3808          (b) at a later date provided in the resolution or ordinance.
3809          (4) (a) The governing body of each local entity that has adopted an assessment
3810     resolution or ordinance under Subsection (1) shall, within five days after the day on which the
3811     25-day prepayment period under Subsection 11-42-411(6) has passed, file a notice of
3812     assessment interest with the recorder of the county in which the assessed property is located.
3813          (b) Each notice of assessment interest under Subsection (4)(a) shall:
3814          (i) state that the local entity has an assessment interest in the assessed property;
3815          (ii) if the assessment is to pay operation and maintenance costs or for economic
3816     promotion activities, state the maximum number of years over which an assessment will be
3817     payable; and
3818          (iii) describe the property assessed by legal description and tax identification number.
3819          (c) A local entity's failure to file a notice of assessment interest under this Subsection
3820     (4) has no affect on the validity of an assessment levied under an assessment resolution or
3821     ordinance adopted under Subsection (1).
3822          Section 69. Section 11-42-604 is amended to read:
3823          11-42-604. Notice regarding resolution or ordinance authorizing interim
3824     warrants or bond anticipation notes -- Complaint contesting warrants or notes --
3825     Prohibition against contesting warrants and notes.
3826          (1) A local entity may publish notice, as provided in Subsection (2), of a resolution or
3827     ordinance that the governing body has adopted authorizing the issuance of interim warrants or
3828     bond anticipation notes.
3829          (2) (a) If a local entity chooses to publish notice under Subsection (1), the notice shall:
3830          (i) be published:
3831          (A) [in a newspaper of general circulation within] for the local entity, as a class A
3832     notice under Section 63G-28-102, for at least 30 days; and
3833          (B) as required in Section 45-1-101; and
3834          (ii) contain:
3835          (A) the name of the issuer of the interim warrants or bond anticipation notes;
3836          (B) the purpose of the issue;
3837          (C) the maximum principal amount that may be issued;
3838          (D) the maximum length of time over which the interim warrants or bond anticipation

3839     notes may mature;
3840          (E) the maximum interest rate, if there is a maximum rate; and
3841          (F) the times and place where a copy of the resolution or ordinance may be examined,
3842     as required under Subsection (2)(b).
3843          (b) The local entity shall allow examination of the resolution or ordinance authorizing
3844     the issuance of the interim warrants or bond anticipation notes at its office during regular
3845     business hours.
3846          (3) Any person may, within 30 days after publication of a notice under Subsection (1),
3847     file a verified, written complaint in the district court of the county in which the person resides,
3848     contesting the regularity, formality, or legality of the interim warrants or bond anticipation
3849     notes issued by the local entity or the proceedings relating to the issuance of the interim
3850     warrants or bond anticipation notes.
3851          (4) After the 30-day period under Subsection (3), no person may contest the regularity,
3852     formality, or legality of the interim warrants or bond anticipation notes issued by a local entity
3853     under the resolution or ordinance that was the subject of the notice under Subsection (1), or the
3854     proceedings relating to the issuance of the interim warrants or bond anticipation notes.
3855          Section 70. Section 11-42a-201 is amended to read:
3856          11-42a-201. Resolution or ordinance designating an energy assessment area,
3857     levying an assessment, and issuing an energy assessment bond -- Notice of adoption.
3858          (1) (a) Except as otherwise provided in this chapter, and subject to the requirements of
3859     this part, at the request of a property owner on whose property or for whose benefit an
3860     improvement is being installed or being reimbursed, a governing body of a local entity may
3861     adopt an energy assessment resolution or an energy assessment ordinance that:
3862          (i) designates an energy assessment area;
3863          (ii) levies an assessment within the energy assessment area; and
3864          (iii) if applicable, authorizes the issuance of an energy assessment bond.
3865          (b) The governing body of a local entity may, by adopting a parameters resolution,
3866     delegate to an officer of the local entity, in accordance with the parameters resolution, the
3867     authority to:
3868          (i) execute an energy assessment resolution or ordinance that:
3869          (A) designates an energy assessment area;

3870          (B) levies an energy assessment lien; and
3871          (C) approves the final interest rate, price, principal amount, maturities, redemption
3872     features, and other terms of the energy assessment bonds; and
3873          (ii) approve and execute all documents related to the designation of the energy
3874     assessment area, the levying of the energy assessment lien, and the issuance of the energy
3875     assessment bonds.
3876          (c) The boundaries of a proposed energy assessment area may:
3877          (i) include property that is not intended to be assessed; and
3878          (ii) overlap, be coextensive with, or be substantially coterminous with the boundaries
3879     of any other energy assessment area or an assessment area created under Title 11, Chapter 42,
3880     Assessment Area Act.
3881          (d) The energy assessment resolution or ordinance described in Subsection (1)(a) is
3882     adequate for purposes of identifying the property to be assessed within the energy assessment
3883     area if the resolution or ordinance describes the property to be assessed by legal description and
3884     tax identification number.
3885          (2) (a) A local entity that adopts an energy assessment resolution or ordinance under
3886     Subsection (1)(a) or a parameters resolution under Subsection (1)(b) shall give notice of the
3887     adoption of the energy assessment resolution or ordinance or the parameters resolution by
3888     [posting] publishing a copy of the resolution or ordinance[:] for the local entity's jurisdiction,
3889     as a class A notice under Section 63G-28-102, for at least 21 days.
3890          [(i) in at least three public places within the local entity's jurisdictional boundaries for
3891     at least 21 days; and]
3892          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, for at least 21
3893     days.]
3894          (b) Except as provided in Subsection (2)(a), a local entity is not required to make any
3895     other publication or posting of the resolution or ordinance.
3896          (3) Notwithstanding any other statutory provision regarding the effective date of a
3897     resolution or ordinance, each energy assessment resolution or ordinance takes effect on the
3898     later of:
3899          (a) the date on which the governing body of the local entity adopts the energy
3900     assessment resolution or ordinance;

3901          (b) the date of publication or posting of the notice of adoption of either the energy
3902     assessment resolution or ordinance or the parameters resolution described in Subsection (2); or
3903          (c) at a later date as provided in the resolution or ordinance.
3904          (4) (a) The governing body of each local entity that has adopted an energy assessment
3905     resolution or ordinance under Subsection (1) shall, within five days after the effective date of
3906     the resolution or ordinance, file a notice of assessment interest with the recorder of the county
3907     in which the property to be assessed is located.
3908          (b) Each notice of assessment interest under Subsection (4)(a) shall:
3909          (i) state that the local entity has an assessment interest in the property to be assessed;
3910     and
3911          (ii) describe the property to be assessed by legal description and tax identification
3912     number.
3913          (c) If a local entity fails to file a notice of assessment interest under this Subsection (4):
3914          (i) the failure does not invalidate the designation of an energy assessment area; and
3915          (ii) the local entity may not assess a levy against a subsequent purchaser of a benefitted
3916     property that lacked recorded notice unless:
3917          (A) the subsequent purchaser gives written consent;
3918          (B) the subsequent purchaser has actual notice of the assessment levy; or
3919          (C) the subsequent purchaser purchased the property after a corrected notice was filed
3920     under Subsection (4)(d).
3921          (d) The local entity may file a corrected notice if the entity fails to comply with the date
3922     or other requirements for filing a notice of assessment interest.
3923          (e) If a governing body has filed a corrected notice under Subsection (4)(d), the local
3924     entity may not retroactively collect or adjust the amount of the levy to recapture lost funds for a
3925     levy that the local entity was prohibited from collecting, if applicable, under Subsection (4)(c).
3926          Section 71. Section 11-42b-104 is amended to read:
3927          11-42b-104. Notice of proposed assessment area -- Requirements.
3928          (1) If the legislative body of a specified county receives a petition that meets the
3929     requirements of Section 11-42b-103, the legislative body shall give notice of the proposed
3930     assessment area.
3931          (2) The notice under Subsection (1) shall:

3932          (a) include the following information:
3933          (i) a statement that the legislative body received a petition to designate an assessment
3934     area under Section 11-42b-103;
3935          (ii) a statement that the specified county proposes to:
3936          (A) designate one or more areas within the specified county's geographic boundaries as
3937     an assessment area;
3938          (B) contract with a third party administrator to provide beneficial activities within the
3939     proposed assessment area; and
3940          (C) finance some or all of the cost of providing beneficial activities by an assessment
3941     on benefitted properties within the assessment area;
3942          (iii) a summary of the contents of the proposed management plan, including the
3943     information described in Subsection 11-42b-103(2)(a)(i);
3944          (iv) a statement explaining how an individual can access the petition described in
3945     Subsection (2)(a), including the contents of the proposed management plan;
3946          (v) a statement that contains:
3947          (A) the date described in Section 11-42b-105 and the location at which a protest under
3948     Section 11-42b-105 may be filed;
3949          (B) the method by which the legislative body will determine the number of protests
3950     required to defeat the designation of the proposed assessment area or implementation of the
3951     proposed beneficial activities, subject to Subsection 11-42b-107(1)(b); and
3952          (C) a statement in large, boldface, and conspicuous type explaining that an owner of a
3953     benefitted property must protest the designation of the assessment area in writing if the owner
3954     objects to the area designation or being assessed for the proposed beneficial activities;
3955          (vi) the date, time, and place of the public hearing required in Section 11-42b-106; and
3956          (vii) any other information the legislative body considers appropriate; and
3957          [(b) (i) be posted in at least three public places within the specified county's geographic
3958     boundaries at least 20 but not more than 35 days before the day of the hearing required in
3959     Section 11-42b-106; and]
3960          [(ii) be published on the Utah Public Notice Website described in Section 63A-16-601
3961     for four weeks before the deadline for filing protests specified in the notice under Subsection
3962     (2)(a)(v); and]

3963          [(c)] (b) [be mailed, postage prepaid, within 10 days after the first publication or
3964     posting of the notice under Subsection (2)(b) to each owner of benefitted property within] be
3965     published for the proposed assessment area [at the owner's mailing address], as a class B notice
3966     under Section 63G-28-102, for at least 20 days, but not more than 35 days, before the day of
3967     the hearing required in Section 11-42b-105.
3968          (3) (a) The legislative body may record the version of the notice that is published or
3969     posted in accordance with Subsection (2)(b) with the office of the county recorder.
3970          (b) The notice recorded under Subsection (3)(a) expires and is no longer valid one year
3971     after the day on which the legislative body records the notice if the legislative body has failed
3972     to adopt the designation ordinance or resolution under Section 11-42b-102 designating the
3973     assessment area for which the notice was recorded.
3974          Section 72. Section 11-42b-108 is amended to read:
3975          11-42b-108. Amendments to management plan -- Procedure -- Notice
3976     requirements.
3977          (1) After the legislative body adopts an ordinance or resolution approving a
3978     management plan as provided in Subsection 11-42b-107(1)(c)(ii) and contracts with a third
3979     party administrator to provide beneficial activities within the assessment area, the legislative
3980     body may amend the management plan if:
3981          (a) the third party administrator submits to the legislative body a written request for
3982     amendments;
3983          (b) subject to Subsection (2), the legislative body gives notice of the proposed
3984     amendments;
3985          (c) the legislative body holds a public meeting no more than 90 days after the day on
3986     which the legislative body gives notice under Subsection (1)(b); and
3987          (d) at the public meeting described in Subsection (1)(c), the legislative body adopts an
3988     ordinance or resolution approving the amendments to the management plan.
3989          (2) The notice described in Subsection (1)(b) shall:
3990          (a) describe the proposed amendments to the management plan;
3991          (b) state the date, time, and place of the public meeting described in Subsection (1)(c);
3992     and
3993          [(c) (i) be posted in at least three public places within the specified county's geographic

3994     boundaries at least 20 but not more than 35 days before the day of the public meeting described
3995     in Subsection (1)(c); and]
3996          [(ii) be published on the Utah Public Notice Website described in Section 63A-16-601
3997     for four weeks before the public meeting described in Subsection (1)(c); and]
3998          [(d)] (c) [be mailed, postage prepaid, within 10 days after the first publication or
3999     posting of the notice under Subsection (2)(c) to each owner of benefitted property within] be
4000     published for the assessment area [at the owner's mailing address], as a class B notice under
4001     Section 63G-28-102, for at least 20 days, but not more than 35 days, before the day of the
4002     public meeting described in Subsection (1)(c).
4003          Section 73. Section 11-42b-109 is amended to read:
4004          11-42b-109. Renewal of assessment area designation -- Procedure -- Disposition
4005     of previous revenues -- Notice requirements.
4006          (1) Upon the expiration of an assessment area, the legislative body may, for a period
4007     not to exceed 10 years, renew the assessment area as provided in this section.
4008          (2) (a) If there are no changes to the management plan or the designation of the third
4009     party administrator, the legislative body may not renew the assessment area unless:
4010          (i) subject to Subsection (2)(c), the legislative body gives notice of the proposed
4011     renewal;
4012          (ii) the legislative body holds a public meeting no more than 90 days after the day on
4013     which the legislative body gives notice under Subsection (2)(a)(i); and
4014          (iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts
4015     an ordinance or resolution renewing the assessment area designation.
4016          (b) If there are changes to the management plan or the designation of the third party
4017     administrator, the legislative body may not renew the assessment area unless the legislative
4018     body:
4019          (i) gives notice of the proposed renewal in accordance with Section 11-42b-104;
4020          (ii) receives and considers all protests filed under Section 11-42b-105;
4021          (iii) holds a public hearing as provided in Section 11-42b-106;
4022          (iv) holds a public meeting as provided in Section 11-42b-107; and
4023          (v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or
4024     resolution renewing the assessment area.

4025          (c) The notice described in Subsection (2)(a)(i) shall:
4026          (i) state:
4027          (A) that the legislative body proposes to renew the assessment area with no changes;
4028     and
4029          (B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii);
4030     and
4031          [(ii) (A) be posted in at least three public places within the specified county's
4032     geographic boundaries at least 20 but not more than 35 days before the day of the public
4033     meeting described in Subsection (2)(a)(ii); and]
4034          [(B) be published on the Utah Public Notice Website described in Section 63A-16-601
4035     for four weeks before the public meeting described in Subsection (2)(a)(ii); and]
4036          [(iii)] (ii) [be mailed, postage prepaid, within 10 days after the first publication or
4037     posting of the notice under Subsection (2)(c)(ii) to each owner of benefitted property within] be
4038     published for the assessment area [at the owner's mailing address], as a class B notice under
4039     Section 63G-28-102, for at least 20 days, but not more than 35 days, before the day of the
4040     public meeting described in Subsection (2)(a)(ii).
4041          (3) (a) Upon renewal of an assessment area, any remaining revenues derived from the
4042     levy of assessments, or any revenues derived from the sale of assets acquired with the revenues,
4043     shall be transferred to the renewed assessment area.
4044          (b) If the renewed assessment area includes a benefitted property that was not included
4045     in the previous assessment area, the third party administrator may only expend revenues
4046     described in Subsection (3)(a) on benefitted properties that were included in the previous
4047     assessment area.
4048          (c) If the renewed assessment area does not include a benefitted property that was
4049     included in the previous assessment area, the third party administrator shall refund to the owner
4050     of the benefitted property the revenues described in Subsection (3)(a) attributable to the
4051     benefitted property.
4052          Section 74. Section 11-42b-110 is amended to read:
4053          11-42b-110. Dissolution of assessment area -- Procedure -- Disposition of
4054     revenues -- Notice requirements.
4055          (1) The legislative body may dissolve an assessment area before the assessment area

4056     expires as provided in this section.
4057          (2) The legislative body may not dissolve an assessment area under Subsection (1)
4058     unless:
4059          (a) (i) the legislative body determines there has been a misappropriation of funds,
4060     malfeasance, or a violation of law in connection with the management of the assessment area;
4061     or
4062          (ii) a petition to dissolve the assessment area:
4063          (A) is signed by a qualified number of owners; and
4064          (B) is submitted to the legislative body within the period described in Subsection (3);
4065          (b) subject to Subsection (4), the legislative body gives notice of the proposed
4066     dissolution;
4067          (c) the legislative body holds a public meeting; and
4068          (d) at the public meeting described in Subsection (2)(c), the legislative body adopts an
4069     ordinance or resolution dissolving the assessment area.
4070          (3) The owners of benefitted properties may submit to the legislative body a petition
4071     described in Subsection (2)(a)(ii):
4072          (a) within a 30-day period that begins after the day on which the assessment area is
4073     designated by ordinance or resolution under Section 11-42b-107; or
4074          (b) within the same 30-day period during each subsequent year in which the assessment
4075     area exists.
4076          (4) The notice described in Subsection (2)(b) shall:
4077          (a) state:
4078          (i) the reasons for the proposed dissolution; and
4079          (ii) the date, time, and place of the public meeting described in Subsection (2)(c); and
4080          [(b) (i) be posted in at least three public places within the specified county's geographic
4081     boundaries at least 20 but not more than 35 days before the day of the public meeting described
4082     in Subsection (2)(c); and]
4083          [(ii) be published on the Utah Public Notice Website described in Section 63A-16-601
4084     for four weeks before the public meeting described in Subsection (2)(c); and]
4085          [(c)] (b) [be mailed, postage prepaid, within 10 days after the first publication or
4086     posting of the notice under Subsection (4)(b) to each owner of benefitted property within] be

4087     published for the assessment area [at the owner's mailing address], as a class B notice under
4088     Section 63G-28-102, for at least 20 days, but not more than 35 days, before the day of the
4089     public meeting described in Subsection (2)(c).
4090          (5) Upon the dissolution of an assessment area, the third party administrator shall
4091     return to the owner of each benefitted property any remaining revenues attributable to the
4092     benefitted property.
4093          Section 75. Section 11-58-502 is amended to read:
4094          11-58-502. Public meeting to consider and discuss draft project area plan --
4095     Notice -- Adoption of plan.
4096          (1) The board shall hold at least one public meeting to consider and discuss a draft
4097     project area plan.
4098          (2) At least 10 days before holding a public meeting under Subsection (1), the board
4099     shall give notice of the public meeting:
4100          (a) to each taxing entity;
4101          (b) to a municipality in which the proposed project area is located or that is located
4102     within one-half mile of the proposed project area; and
4103          [(c) on the Utah Public Notice Website created in Section 63A-16-601]
4104          (c) for the proposed project area, as a class A notice under Section 63G-28-102, for at
4105     least 10 days.
4106          (3) Following consideration and discussion of the draft project area plan, and any
4107     modification of the project area plan under Subsection 11-58-501(2)(d), the board may adopt
4108     the draft project area plan or modified draft project area plan as the project area plan.
4109          Section 76. Section 11-58-503 is amended to read:
4110          11-58-503. Notice of project area plan adoption -- Effective date of plan -- Time
4111     for challenging a project area plan or project area.
4112          (1) Upon the board's adoption of a project area plan, the board shall provide notice as
4113     provided in Subsection (2) by publishing or causing to be published legal notice:
4114          (a) [in a newspaper of general circulation within or near] for the project area, as a class
4115     A notice under Section 63G-28-102, for at least 30 days; and
4116          (b) as required by Section 45-1-101.
4117          (2) (a) Each notice under Subsection (1) shall include:

4118          (i) the board resolution adopting the project area plan or a summary of the resolution;
4119     and
4120          (ii) a statement that the project area plan is available for general public inspection and
4121     the hours for inspection.
4122          (b) The statement required under Subsection (2)(a)(ii) may be included within the
4123     board resolution adopting the project area plan or within the summary of the resolution.
4124          (3) The project area plan shall become effective on the date designated in the board
4125     resolution.
4126          (4) The authority shall make the adopted project area plan available to the general
4127     public at the authority's offices during normal business hours.
4128          (5) Within 10 days after the day on which a project area plan is adopted that establishes
4129     a project area, or after an amendment to a project area plan is adopted under which the
4130     boundary of a project area is modified, the authority shall send notice of the establishment or
4131     modification of the project area and an accurate map or plat of the project area to:
4132          (a) the State Tax Commission;
4133          (b) the Utah Geospatial Resource Center created in Section 63A-16-505; and
4134          (c) the assessor and recorder of each county where the project area is located.
4135          (6) (a) A legal action or other challenge to a project area plan or a project area
4136     described in a project area plan is barred unless brought within 30 days after the effective date
4137     of the project area plan.
4138          (b) A legal action or other challenge to a project area that consists of authority
4139     jurisdictional land is barred unless brought within 30 days after the board adopts a business
4140     plan under Subsection 11-58-202(1)(a) for the authority jurisdictional land.
4141          Section 77. Section 11-58-701 is amended to read:
4142          11-58-701. Resolution authorizing issuance of port authority bonds --
4143     Characteristics of bonds -- Notice.
4144          (1) The authority may not issue bonds under this part unless the board first:
4145          (a) adopts a parameters resolution for the bonds that sets forth:
4146          (i) the maximum:
4147          (A) amount of bonds;
4148          (B) term; and

4149          (C) interest rate; and
4150          (ii) the expected security for the bonds; and
4151          (b) submits the parameters resolution for review and recommendation to the State
4152     Finance Review Commission created in Section 63C-25-201.
4153          (2) (a) As provided in the authority resolution authorizing the issuance of bonds under
4154     this part or the trust indenture under which the bonds are issued, bonds issued under this part
4155     may be issued in one or more series and may be sold at public or private sale and in the manner
4156     provided in the resolution or indenture.
4157          (b) Bonds issued under this part shall bear the date, be payable at the time, bear interest
4158     at the rate, be in the denomination and in the form, carry the conversion or registration
4159     privileges, have the rank or priority, be executed in the manner, be subject to the terms of
4160     redemption or tender, with or without premium, be payable in the medium of payment and at
4161     the place, and have other characteristics as provided in the authority resolution authorizing
4162     their issuance or the trust indenture under which they are issued.
4163          (3) Upon the board's adoption of a resolution providing for the issuance of bonds, the
4164     board may provide for the publication of the resolution:
4165          (a) [in a newspaper having general circulation in] for the area within the authority's
4166     boundaries, as a class A notice under Section 63G-28-102, for at least 30 days; and
4167          (b) as required in Section 45-1-101.
4168          (4) In lieu of publishing the entire resolution, the board may publish notice of bonds
4169     that contains the information described in Subsection 11-14-316(2).
4170          (5) For a period of 30 days after the publication, any person in interest may contest:
4171          (a) the legality of the resolution or proceeding;
4172          (b) any bonds that may be authorized by the resolution or proceeding; or
4173          (c) any provisions made for the security and payment of the bonds.
4174          (6) (a) A person may contest the matters set forth in Subsection (5) by filing a verified
4175     written complaint, within 30 days of the publication under Subsection (5), in the district court
4176     of the county in which the person resides.
4177          (b) A person may not contest the matters set forth in Subsection (5), or the regularity,
4178     formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for
4179     contesting provided in Subsection (6)(a).

4180          (7) No later than 60 days after the closing day of any bonds, the authority shall report
4181     the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to:
4182          (a) the Executive Appropriations Committee; and
4183          (b) the State Finance Review Commission created in Section 63C-25-201.
4184          Section 78. Section 11-58-901 is amended to read:
4185          11-58-901. Dissolution of port authority -- Restrictions -- Notice of dissolution --
4186     Disposition of port authority property -- Port authority records -- Dissolution expenses.
4187          (1) The authority may not be dissolved unless the authority has no outstanding bonded
4188     indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
4189     obligations with persons or entities other than the state.
4190          (2) Upon the dissolution of the authority:
4191          (a) the Governor's Office of Economic Opportunity shall publish a notice of
4192     dissolution:
4193          (i) [in a newspaper of general circulation in] for the county in which the dissolved
4194     authority is located, as a class A notice under Section 63G-28-102, for at least seven days; and
4195          (ii) as required in Section 45-1-101; and
4196          (b) all title to property owned by the authority vests in the state.
4197          (3) The books, documents, records, papers, and seal of each dissolved authority shall
4198     be deposited for safekeeping and reference with the state auditor.
4199          (4) The authority shall pay all expenses of the deactivation and dissolution.
4200          Section 79. Section 11-59-501 is amended to read:
4201          11-59-501. Dissolution of authority -- Restrictions -- Publishing notice of
4202     dissolution -- Authority records -- Dissolution expenses.
4203          (1) The authority may not be dissolved unless:
4204          (a) the authority board first receives approval from the Legislative Management
4205     Committee of the Legislature to dissolve the authority; and
4206          (b) the authority has no outstanding bonded indebtedness, other unpaid loans,
4207     indebtedness, or advances, and no legally binding contractual obligations with persons or
4208     entities other than the state.
4209          (2) To dissolve the authority, the board shall:
4210          (a) obtain the approval of the Legislative Management Committee of the Legislature;

4211     and
4212          (b) adopt a resolution dissolving the authority, to become effective as provided in the
4213     resolution.
4214          (3) Upon the dissolution of the authority:
4215          (a) the Governor's Office of Economic Opportunity shall publish a notice of
4216     dissolution:
4217          (i) [in a newspaper of general circulation in] for the county in which the dissolved
4218     authority is located, as a class A notice under Section 63G-28-102, for at least seven days; and
4219          (ii) as required in Section 45-1-101; and
4220          (b) all title to property owned by the authority vests in the Division of Facilities
4221     Construction and Management, created in Section 63A-5b-301, for the benefit of the state.
4222          (4) The board shall deposit all books, documents, records, papers, and seal of the
4223     dissolved authority with the state auditor for safekeeping and reference.
4224          (5) The authority shall pay all expenses of the deactivation and dissolution.
4225          Section 80. Section 11-65-204 is amended to read:
4226          11-65-204. Management plan.
4227          (1) (a) The board shall prepare, adopt, and, subject to Subsection (1)(b), implement a
4228     management plan.
4229          (b) The lake authority may not begin to implement a management plan until April 1,
4230     2023.
4231          (2) In preparing a management plan, the board shall:
4232          (a) consult with and seek and consider input from the legislative or governing body of
4233     each adjacent political subdivision;
4234          (b) work cooperatively with and receive input from the Division of Forestry, Fire, and
4235     State Lands; and
4236          (c) consider how the interests of adjacent political subdivisions would be affected by
4237     implementation of the management plan.
4238          (3) A management plan shall:
4239          (a) describe in general terms the lake authority's:
4240          (i) vision and plan for achieving and implementing the policies and objectives stated in
4241     Section 11-65-203; and

4242          (ii) overall plan for the management of Utah Lake, including an anticipated timetable
4243     and any anticipated phases of management;
4244          (b) accommodate and advance, without sacrificing the policies and objectives stated in
4245     Section 11-65-203, the compatible interests of adjacent political subdivisions;
4246          (c) describe in general terms how the lake authority anticipates cooperating with
4247     adjacent political subdivisions to pursue mutually beneficial goals in connection with the
4248     management of Utah Lake;
4249          (d) identify the anticipated sources of revenue for implementing the management plan;
4250     and
4251          (e) be consistent with management planning conducted by the Division of Forestry,
4252     Fire, and State Lands, to pursue the objectives of:
4253          (i) improving the clarity and quality of the water in Utah Lake;
4254          (ii) not interfering with water rights or with water storage or water supply functions of
4255     Utah Lake;
4256          (iii) removing invasive plant and animal species, including phragmites and carp, from
4257     Utah Lake;
4258          (iv) improving littoral zone and other plant communities in and around Utah Lake;
4259          (v) improving and conserving native fish and other aquatic species in Utah Lake;
4260          (vi) cooperating in the June Sucker Recovery Implementation Program;
4261          (vii) increasing the suitability of Utah Lake and Utah Lake's surrounding areas for
4262     shore birds, waterfowl, and other avian species;
4263          (viii) improving navigability of Utah Lake;
4264          (ix) enhancing and ensuring recreational access to and opportunities on Utah Lake; and
4265          (x) otherwise improving the use of Utah Lake for residents and visitors.
4266          (4) A management plan may not interfere with or impair:
4267          (a) a water right;
4268          (b) a water project; or
4269          (c) the management of Utah Lake necessary for the use or operation of a water facility
4270     associated with Utah Lake.
4271          (5) (a) Before adopting a management plan, the board shall:
4272          (i) provide a copy of the proposed management plan to:

4273          (A) the executive director of the Department of Natural Resources;
4274          (B) the executive director of the Department of Environmental Quality;
4275          (C) the state engineer; and
4276          (D) each adjacent political subdivision; and
4277          (ii) [post] provide a copy of the proposed management plan [on the Utah Public Notice
4278     Website created in Section 63A-16-601], for Utah County, as a class A notice under Section
4279     63G-28-102, for at least 30 days.
4280          (b) Comments or suggestions relating to the proposed management plan may be
4281     submitted to the board within the deadline established under Subsection (5)(c).
4282          (c) The board shall establish a deadline for submitting comments or suggestions to the
4283     proposed management plan that is at least 30 days after the board provides a copy of the
4284     proposed management plan under Subsection (5)(a)(i).
4285          (d) Before adopting a management plan, the board shall consider comments and
4286     suggestions that are submitted by the deadline established under Subsection (5)(c).
4287          Section 81. Section 11-65-402 is amended to read:
4288          11-65-402. Public meetings to consider and discuss draft project area plan --
4289     Notice -- Adoption of plan.
4290          (1) The lake authority board shall hold at least two public meetings to:
4291          (a) receive public comment on the draft project area plan; and
4292          (b) consider and discuss the draft project area plan.
4293          (2) At least 10 days before holding a public meeting under Subsection (1), the lake
4294     authority board shall:
4295          (a) [(i) post] provide notice of the public meeting [on the Utah Public Notice Website
4296     created in Section 63A-16-601; and(ii) maintain the posting on the Utah Public Notice
4297     Website until the day of the public meeting;], for Utah County, as a class A notice under
4298     Section 63G-28-102, for at least 10 days;
4299          (b) provide notice of the public meeting to a public entity that has entered into an
4300     agreement with the lake authority for sharing property tax revenue; and
4301          (c) provide email notice of the public meeting to each person who has submitted a
4302     written request to the board to receive email notice of a public meeting under this section.
4303          (3) Following consideration and discussion of the project area plan, the board may

4304     adopt the draft project area plan as the project area plan.
4305          Section 82. Section 11-65-601 is amended to read:
4306          11-65-601. Annual lake authority budget -- Fiscal year -- Public hearing required
4307     -- Auditor forms -- Requirement to file annual budget.
4308          (1) The board shall prepare and adopt for the lake authority an annual budget of
4309     revenues and expenditures for each fiscal year.
4310          (2) An annual lake authority budget shall be adopted before June 22, except that the
4311     lake authority's initial budget shall be adopted as soon as reasonably practicable after the
4312     organization of the board and the beginning of lake authority operations.
4313          (3) The lake authority's fiscal year shall be the period from July 1 to the following June
4314     30.
4315          (4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
4316     annual budget.
4317          (b) The lake authority shall provide notice of the public hearing on the annual budget
4318     by publishing notice, [on the Utah Public Notice Website created in Section 63A-16-601] for
4319     Utah County, as a class A notice under Section 63G-28-102, for at least one week immediately
4320     before the date of the public hearing.
4321          (c) The lake authority shall make the annual budget available for public inspection at
4322     least three days before the date of the public hearing.
4323          (5) The state auditor shall prescribe the budget forms and the categories to be contained
4324     in each lake authority budget, including:
4325          (a) revenues and expenditures for the budget year;
4326          (b) legal fees; and
4327          (c) administrative costs, including rent, supplies, and other materials, and salaries of
4328     lake authority personnel.
4329          (6) Within 30 days after adopting an annual budget, the board shall file a copy of the
4330     annual budget with the auditor of each county in which lake authority land is located, the State
4331     Tax Commission, and the state auditor.
4332          Section 83. Section 17-27a-203 is amended to read:
4333          17-27a-203. Notice of intent to prepare a general plan or comprehensive general
4334     plan amendments in certain counties.

4335          (1) Before preparing a proposed general plan or a comprehensive general plan
4336     amendment, each county of the first or second class shall provide 10 calendar days notice of the
4337     county's intent to prepare a proposed general plan or a comprehensive general plan amendment:
4338          (a) to each affected entity;
4339          (b) to the Utah Geospatial Resource Center created in Section 63A-16-505;
4340          (c) to the association of governments, established pursuant to an interlocal agreement
4341     under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
4342          [(d) on the Utah Public Notice Website created under Section 63A-16-601]
4343          (d) for the county, as a class A notice under Section 63G-28-102, for at least 10 days.
4344          (2) Each notice under Subsection (1) shall:
4345          (a) indicate that the county intends to prepare a general plan or a comprehensive
4346     general plan amendment, as the case may be;
4347          (b) describe or provide a map of the geographic area that will be affected by the general
4348     plan or amendment;
4349          (c) be sent by mail, e-mail, or other effective means;
4350          (d) invite the affected entities to provide information for the county to consider in the
4351     process of preparing, adopting, and implementing a general plan or amendment concerning:
4352          (i) impacts that the use of land proposed in the proposed general plan or amendment
4353     may have; and
4354          (ii) uses of land within the county that the affected entity is considering that may
4355     conflict with the proposed general plan or amendment; and
4356          (e) include the address of an Internet website, if the county has one, and the name and
4357     telephone number of an individual where more information can be obtained concerning the
4358     county's proposed general plan or amendment.
4359          Section 84. Section 17-27a-204 is amended to read:
4360          17-27a-204. Notice of public hearings and public meetings to consider general
4361     plan or modifications.
4362          (1) A county shall provide:
4363          (a) notice of the date, time, and place of the first public hearing to consider the original
4364     adoption or any modification of all or any portion of a general plan; and
4365          (b) notice of each public meeting on the subject.

4366          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
4367     days before the public hearing and shall be:
4368          (a) published [on the Utah Public Notice Website created in Section 63A-16-601;] for
4369     the county, as a class A notice under Section 63G-28-102, for at least 10 days; and
4370          (b) mailed to each affected entity[; and].
4371          [(c) posted:]
4372          [(i) in at least three public locations within the county; or]
4373          [(ii) on the county's official website.]
4374          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
4375     before the meeting and shall be[:] published for the county, as a class A notice under Section
4376     63G-28-102, for at least 24 hours.
4377          [(a) published on the Utah Public Notice Website created in Section 63A-16-601; and]
4378          [(b) posted:]
4379          [(i) in at least three public locations within the county; or]
4380          [(ii) on the county's official website.]
4381          Section 85. Section 17-27a-205 is amended to read:
4382          17-27a-205. Notice of public hearings and public meetings on adoption or
4383     modification of land use regulation.
4384          (1) Each county shall give:
4385          (a) notice of the date, time, and place of the first public hearing to consider the
4386     adoption or modification of a land use regulation; and
4387          (b) notice of each public meeting on the subject.
4388          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
4389          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
4390     and
4391          [(b) posted:]
4392          (b) published for the area affected by the land use ordinance changes, as a class B
4393     notice under Section 63G-28-102, for at least 10 calendar days before the day of the public
4394     hearing.
4395          [(i) in at least three public locations within the county; or]
4396          [(ii) on the county's official website; and]

4397          [(c) (i) posted on the Utah Public Notice Website created in Section 63A-16-601, at
4398     least 10 calendar days before the public hearing; or]
4399          [(ii) mailed at least 10 days before the public hearing to:]
4400          [(A) each property owner whose land is directly affected by the land use ordinance
4401     change; and]
4402          [(B) each adjacent property owner within the parameters specified by county
4403     ordinance.]
4404          (3) In addition to the notice requirements described in Subsections (1) and (2), for any
4405     proposed modification to the text of a zoning code, the notice posted in accordance with
4406     Subsection (2) shall:
4407          (a) include a summary of the effect of the proposed modifications to the text of the
4408     zoning code designed to be understood by a lay person; and
4409          (b) be provided to any person upon written request.
4410          (4) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
4411     before the hearing and shall be [posted:] published for the county, as a class A notice under
4412     Section 63G-28-102, for at least 24 hours.
4413          [(a) in at least three public locations within the county; or]
4414          [(b) on the county's official website.]
4415          (5) (a) A county shall send a courtesy notice to each owner of private real property
4416     whose property is located entirely or partially within the proposed zoning map enactment or
4417     amendment at least 10 days before the scheduled day of the public hearing.
4418          (b) The notice shall:
4419          (i) identify with specificity each owner of record of real property that will be affected
4420     by the proposed zoning map or map amendments;
4421          (ii) state the current zone in which the real property is located;
4422          (iii) state the proposed new zone for the real property;
4423          (iv) provide information regarding or a reference to the proposed regulations,
4424     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
4425     amendment is adopted;
4426          (v) state that the owner of real property may no later than 10 days after the day of the
4427     first public hearing file a written objection to the inclusion of the owner's property in the

4428     proposed zoning map or map amendment;
4429          (vi) state the address where the property owner should file the protest;
4430          (vii) notify the property owner that each written objection filed with the county will be
4431     provided to the county legislative body; and
4432          (viii) state the location, date, and time of the public hearing described in Section
4433     17-27a-502.
4434          (c) If a county mails notice to a property owner [in accordance with] under Subsection
4435     [(2)(c)(ii)] (2)(b) for a public hearing on a zoning map or map amendment, the notice required
4436     in this Subsection (5) may be included in or part of the notice described in Subsection
4437     [(2)(c)(ii)] (2)(b) rather than sent separately.
4438          Section 86. Section 17-27a-208 is amended to read:
4439          17-27a-208. Hearing and notice for petition to vacate a public street.
4440          (1) For any petition to vacate some or all of a public street or county utility easement,
4441     the legislative body shall:
4442          (a) hold a public hearing; and
4443          (b) give notice of the date, place, and time of the hearing, as provided in Subsection
4444     (2).
4445          (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
4446     body shall ensure that the notice required under Subsection (1)(b) is:
4447          [(a) mailed to the record owner of]
4448          (a) published for the county, as a class A notice under Section 63G-28-102, for at least
4449     10 days;
4450          (b) provided to the owner of each parcel that is accessed by the public street or county
4451     utility easement; and
4452          [(b)] (c) mailed to each affected entity[;].
4453          [(c) posted on or near the public street or county utility easement in a manner that is
4454     calculated to alert the public; and]
4455          [(d) (i) published on the website of the county in which the land subject to the petition
4456     is located until the public hearing concludes; and]
4457          [(ii) published on the Utah Public Notice Website created in Section 63A-16-601.]
4458          Section 87. Section 17-27a-306 is amended to read:

4459          17-27a-306. Planning advisory areas -- Notice of hearings.
4460          (1) (a) A planning advisory area may be established as provided in this Subsection (1).
4461          (b) A planning advisory area may not be established unless the area to be included
4462     within the proposed planning advisory area:
4463          (i) is unincorporated;
4464          (ii) is contiguous; and
4465          (iii) (A) contains:
4466          (I) at least 20% but not more than 80% of:
4467          (Aa) the total private land area in the unincorporated county; or
4468          (Bb) the total value of locally assessed taxable property in the unincorporated county;
4469     or
4470          (II) (Aa) in a county of the second or third class, at least 5% of the total population of
4471     the unincorporated county, but not less than 300 residents; or
4472          (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
4473     of the unincorporated county; or
4474          (B) has been declared by the United States Census Bureau as a census designated
4475     place.
4476          (c) (i) The process to establish a planning advisory area is initiated by the filing of a
4477     petition with the clerk of the county in which the proposed planning advisory area is located.
4478          (ii) A petition to establish a planning advisory area may not be filed if it proposes the
4479     establishment of a planning advisory area that includes an area within a proposed planning
4480     advisory area in a petition that has previously been certified under Subsection (1)(g), until after
4481     the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
4482          (d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
4483          (i) be signed by the owners of private real property that:
4484          (A) is located within the proposed planning advisory area;
4485          (B) covers at least 10% of the total private land area within the proposed planning
4486     advisory area; and
4487          (C) is equal in value to at least 10% of the value of all private real property within the
4488     proposed planning advisory area;
4489          (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous

4490     area proposed to be established as a planning advisory area;
4491          (iii) indicate the typed or printed name and current residence address of each owner
4492     signing the petition;
4493          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
4494     be designated as the contact sponsor, with the mailing address and telephone number of each
4495     petition sponsor;
4496          (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
4497     petition for purposes of the petition; and
4498          (vi) request the county legislative body to provide notice of the petition and of a public
4499     hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
4500     advisory area.
4501          (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area
4502     to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
4503     Incorporation.
4504          (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
4505     the establishment of a planning advisory area in a county of the second class, the county clerk
4506     shall provide notice of the filing of the petition to:
4507          (A) each owner of real property owning more than 1% of the assessed value of all real
4508     property within the proposed planning advisory area; and
4509          (B) each owner of real property owning more than 850 acres of real property within the
4510     proposed planning advisory area.
4511          (ii) A property owner may exclude all or part of the property owner's property from a
4512     proposed planning advisory area in a county of the second class:
4513          (A) if:
4514          (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
4515     property within the proposed planning advisory area;
4516          (IIii) the property is nonurban; and
4517          (IIIiii) the property does not or will not require municipal provision of municipal-type
4518     services; or
4519          (Bb) the property owner owns more than 850 acres of real property within the proposed
4520     planning advisory area; and

4521          (II) exclusion of the property will not leave within the planning advisory area an island
4522     of property that is not part of the planning advisory area; and
4523          (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
4524     under Subsection (1)(f)(i).
4525          (iii) (A) The county legislative body shall exclude from the proposed planning advisory
4526     area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
4527     the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
4528          (B) If the county legislative body excludes property from a proposed planning advisory
4529     area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
4530     exclusion, send written notice of its action to the contact sponsor.
4531          (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
4532     clerk shall:
4533          (A) with the assistance of other county officers from whom the clerk requests
4534     assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
4535     and
4536          (B) (I) if the clerk determines that the petition complies with the requirements of
4537     Subsection (1)(d):
4538          (Aa) certify the petition and deliver the certified petition to the county legislative body;
4539     and
4540          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
4541          (II) if the clerk determines that the petition fails to comply with any of the requirements
4542     of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
4543     rejection and the reasons for the rejection.
4544          (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
4545     may be amended to correct the deficiencies for which it was rejected and then refiled with the
4546     county clerk.
4547          (h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
4548     the county legislative body shall hold a public hearing on the proposal to establish a planning
4549     advisory area.
4550          (ii) A public hearing under Subsection (1)(h)(i) shall be:
4551          (A) within the boundary of the proposed planning advisory area; or

4552          (B) if holding a public hearing in that area is not practicable, as close to that area as
4553     practicable.
4554          (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
4555     county legislative body shall publish notice of the petition and the time, date, and place of the
4556     public hearing [on the Utah Public Notice Website created in Section 63A-16-601] for the
4557     county, as a class A notice under Section 63G-28-102, for at least one week.
4558          (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
4559     shall arrange for the proposal to establish a planning advisory area to be submitted to voters
4560     residing within the proposed planning advisory area at the next regular general election that is
4561     more than 90 days after the public hearing.
4562          (j) A planning advisory area is established at the time of the canvass of the results of an
4563     election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
4564     proposal to establish a planning advisory area voted in favor of the proposal.
4565          (k) An area that is an established township before May 12, 2015:
4566          (i) is, as of May 12, 2015, a planning advisory area; and
4567          (ii) (A) shall change its name, if applicable, to no longer include the word "township";
4568     and
4569          (B) may use the word "planning advisory area" in its name.
4570          (2) The county legislative body may:
4571          (a) assign to the countywide planning commission the duties established in this part
4572     that would have been assumed by a planning advisory area planning commission designated
4573     under Subsection (2)(b); or
4574          (b) designate and appoint a planning commission for the planning advisory area.
4575          (3) (a) An area within the boundary of a planning advisory area may be withdrawn
4576     from the planning advisory area as provided in this Subsection (3) or in accordance with
4577     Subsection (5)(a).
4578          (b) The process to withdraw an area from a planning advisory area is initiated by the
4579     filing of a petition with the clerk of the county in which the planning advisory area is located.
4580          (c) A petition under Subsection (3)(b) shall:
4581          (i) be signed by the owners of private real property that:
4582          (A) is located within the area proposed to be withdrawn from the planning advisory

4583     area;
4584          (B) covers at least 50% of the total private land area within the area proposed to be
4585     withdrawn from the planning advisory area; and
4586          (C) is equal in value to at least 33% of the value of all private real property within the
4587     area proposed to be withdrawn from the planning advisory area;
4588          (ii) state the reason or reasons for the proposed withdrawal;
4589          (iii) be accompanied by an accurate plat or map showing the boundary of the
4590     contiguous area proposed to be withdrawn from the planning advisory area;
4591          (iv) indicate the typed or printed name and current residence address of each owner
4592     signing the petition;
4593          (v) designate up to five signers of the petition as petition sponsors, one of whom shall
4594     be designated as the contact sponsor, with the mailing address and telephone number of each
4595     petition sponsor;
4596          (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
4597     petition for purposes of the petition; and
4598          (vii) request the county legislative body to withdraw the area from the planning
4599     advisory area.
4600          (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning
4601     advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
4602     2a, Municipal Incorporation.
4603          (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
4604     clerk shall:
4605          (A) with the assistance of other county officers from whom the clerk requests
4606     assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
4607     and
4608          (B) (I) if the clerk determines that the petition complies with the requirements of
4609     Subsection (3)(c):
4610          (Aa) certify the petition and deliver the certified petition to the county legislative body;
4611     and
4612          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
4613          (II) if the clerk determines that the petition fails to comply with any of the requirements

4614     of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
4615     and the reasons for the rejection.
4616          (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
4617     may be amended to correct the deficiencies for which it was rejected and then refiled with the
4618     county clerk.
4619          (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
4620     is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
4621     the area from the planning advisory area.
4622          (ii) A public hearing under Subsection (3)(f)(i) shall be held:
4623          (A) within the area proposed to be withdrawn from the planning advisory area; or
4624          (B) if holding a public hearing in that area is not practicable, as close to that area as
4625     practicable.
4626          (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
4627     body shall[:(A)] publish notice of the petition and the time, date, and place of the public
4628     hearing [on the Utah Public Notice Website created in Section 63A-16-601, for three
4629     consecutive weeks; and] for the area proposed to be withdrawn, as a class B notice under
4630     Section 63G-28-102, for at least three weeks before the date of the hearing.
4631          [(B) mail a notice of the petition and the time, date, and place of the public hearing to
4632     each owner of private real property within the area proposed to be withdrawn.]
4633          (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
4634     legislative body shall make a written decision on the proposal to withdraw the area from the
4635     planning advisory area.
4636          (ii) In making its decision as to whether to withdraw the area from the planning
4637     advisory area, the county legislative body shall consider:
4638          (A) whether the withdrawal would leave the remaining planning advisory area in a
4639     situation where the future incorporation of an area within the planning advisory area or the
4640     annexation of an area within the planning advisory area to an adjoining municipality would be
4641     economically or practically not feasible;
4642          (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
4643     area:
4644          (I) whether the proposed subsequent incorporation or withdrawal:

4645          (Aa) will leave or create an unincorporated island or peninsula; or
4646          (Bb) will leave the county with an area within its unincorporated area for which the
4647     cost, requirements, or other burdens of providing municipal services would materially increase
4648     over previous years; and
4649          (II) whether the municipality to be created or the municipality into which the
4650     withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
4651     providing service to the withdrawn area that the county will no longer provide due to the
4652     incorporation or annexation;
4653          (C) the effects of a withdrawal on adjoining property owners, existing or projected
4654     county streets or other public improvements, law enforcement, and zoning and other municipal
4655     services provided by the county; and
4656          (D) whether justice and equity favor the withdrawal.
4657          (h) Upon the written decision of the county legislative body approving the withdrawal
4658     of an area from a planning advisory area, the area is withdrawn from the planning advisory area
4659     and the planning advisory area continues as a planning advisory area with a boundary that
4660     excludes the withdrawn area.
4661          (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
4662          (b) The process to dissolve a planning advisory area is initiated by the filing of a
4663     petition with the clerk of the county in which the planning advisory area is located.
4664          (c) A petition under Subsection (4)(b) shall:
4665          (i) be signed by registered voters within the planning advisory area equal in number to
4666     at least 25% of all votes cast by voters within the planning advisory area at the last
4667     congressional election;
4668          (ii) state the reason or reasons for the proposed dissolution;
4669          (iii) indicate the typed or printed name and current residence address of each person
4670     signing the petition;
4671          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
4672     be designated as the contact sponsor, with the mailing address and telephone number of each
4673     petition sponsor;
4674          (v) authorize the petition sponsors to act on behalf of all persons signing the petition
4675     for purposes of the petition; and

4676          (vi) request the county legislative body to provide notice of the petition and of a public
4677     hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
4678     advisory area.
4679          (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
4680     clerk shall:
4681          (A) with the assistance of other county officers from whom the clerk requests
4682     assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
4683     and
4684          (B) (I) if the clerk determines that the petition complies with the requirements of
4685     Subsection (4)(c):
4686          (Aa) certify the petition and deliver the certified petition to the county legislative body;
4687     and
4688          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
4689          (II) if the clerk determines that the petition fails to comply with any of the requirements
4690     of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
4691     and the reasons for the rejection.
4692          (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
4693     may be amended to correct the deficiencies for which it was rejected and then refiled with the
4694     county clerk.
4695          (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
4696     the county legislative body shall hold a public hearing on the proposal to dissolve the planning
4697     advisory area.
4698          (ii) A public hearing under Subsection (4)(e)(i) shall be held:
4699          (A) within the boundary of the planning advisory area; or
4700          (B) if holding a public hearing in that area is not practicable, as close to that area as
4701     practicable.
4702          (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
4703     body shall publish notice of the petition and the time, date, and place of the public hearing [on
4704     the Utah Public Notice Website created in Section 63A-16-601,] for the county, as a class A
4705     notice under Section 63G-28-102, for three consecutive weeks immediately before the public
4706     hearing.

4707          (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
4708     shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
4709     residing within the planning advisory area at the next regular general election that is more than
4710     90 days after the public hearing.
4711          (g) A planning advisory area is dissolved at the time of the canvass of the results of an
4712     election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
4713     proposal to dissolve the planning advisory area voted in favor of the proposal.
4714          (5) (a) If a portion of an area located within a planning advisory area is annexed by a
4715     municipality or incorporates, that portion is withdrawn from the planning advisory area.
4716          (b) If a planning advisory area in whole is annexed by a municipality or incorporates,
4717     the planning advisory area is dissolved.
4718          Section 88. Section 17-27a-404 is amended to read:
4719          17-27a-404. Public hearing by planning commission on proposed general plan or
4720     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
4721     by legislative body.
4722          (1) (a) After completing the planning commission's recommendation for a proposed
4723     general plan, or proposal to amend the general plan, the planning commission shall schedule
4724     and hold a public hearing on the proposed plan or amendment.
4725          (b) The planning commission shall provide notice of the public hearing[, as required by
4726     Section 17-27a-204.] for the county, as a class A notice under Section 63G-28-102, for at least
4727     10 calendar days before the day of the public hearing.
4728          (c) After the public hearing, the planning commission may modify the proposed
4729     general plan or amendment.
4730          (2) The planning commission shall forward the proposed general plan or amendment to
4731     the legislative body.
4732          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
4733     shall provide notice of the legislative body's intent to consider the general plan proposal.
4734          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
4735     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
4736     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
4737     (3)(b).

4738          (ii) The hearing format shall allow adequate time for public comment at the actual
4739     public hearing, and shall also allow for public comment in writing to be submitted to the
4740     legislative body for not fewer than 90 days after the date of the public hearing.
4741          (c) (i) The legislative body shall give notice of the hearing in accordance with this
4742     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
4743     complete.
4744          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
4745     the state Legislature, executive director of the Department of Environmental Quality, the state
4746     planning coordinator, the Resource Development Coordinating Committee, and any other
4747     citizens or entities who specifically request notice in writing.
4748          (iii) Public notice shall be given [by publication on the Utah Public Notice Website
4749     created in Section 63A-16-601] for the county, as a class A notice under Section 63G-28-102,
4750     for at least 180 days.
4751          (iv) The notice shall be published to allow reasonable time for interested parties and
4752     the state to evaluate the information regarding Subsection 17-27a-401(4), including publication
4753     described in Subsection (3)(c)(iii) for 180 days before the date of the hearing to be held under
4754     this Subsection (3).
4755          (4) (a) After the public hearing required under this section, the legislative body may
4756     adopt, reject, or make any revisions to the proposed general plan that the legislative body
4757     considers appropriate.
4758          (b) The legislative body shall respond in writing and in a substantive manner to all
4759     those providing comments as a result of the hearing required by Subsection (3).
4760          (c) If the county legislative body rejects the proposed general plan or amendment, the
4761     legislative body may provide suggestions to the planning commission for the planning
4762     commission's review and recommendation.
4763          (5) The legislative body shall adopt:
4764          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
4765          (b) a transportation and traffic circulation element as provided in Subsection
4766     17-27a-403(2)(a)(ii);
4767          (c) for a specified county as defined in Section 17-27a-408, a moderate income housing
4768     element as provided in Subsection 17-27a-403(2)(a)(iii);

4769          (d) a resource management plan as provided by Subsection 17-27a-403(2)(a)(iv); and
4770          (e) on or before December 31, 2025, a water use and preservation element as provided
4771     in Subsection 17-27a-403(2)(a)(v).
4772          Section 89. Section 17-36-12 is amended to read:
4773          17-36-12. Notice of budget hearing.
4774          (1) The governing body shall determine the time and place for the public hearing on the
4775     adoption of the budget.
4776          (2) Notice of such hearing shall be published[:] for the county, as a class A notice
4777     under Section 63G-28-102, for at least seven days before the day of the hearing.
4778          [(a) (i) at least seven days before the hearing in at least one newspaper of general
4779     circulation within the county, if there is such a paper; or]
4780          [(ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
4781     three conspicuous places within the county seven days before the hearing;]
4782          [(b) on the Utah Public Notice Website created in Section 63A-16-601, for seven days
4783     before the hearing; and]
4784          [(c) on the home page of the county's website, either in full or as a link, if the county
4785     has a publicly viewable website, beginning at least seven days before the hearing and until the
4786     hearing takes place.]
4787          Section 90. Section 17-36-26 is amended to read:
4788          17-36-26. Increase in budgetary fund or county general fund -- Public hearing --
4789     Notice.
4790          (1) Before the governing body may, by resolution, increase a budget appropriation of
4791     any budgetary fund, increase the budget of the county general fund, or make an amendment to a
4792     budgetary fund or the county general fund, the governing body shall hold a public hearing
4793     giving all interested parties an opportunity to be heard.
4794          (2) Notice of the public hearing described in Subsection (1) shall be published for the
4795     county, as a class A notice under Section 63G-28-102, for at least five days before the day of
4796     the hearing[:].
4797          [(a) (i) in at least one issue of a newspaper generally circulated in the county; or]
4798          [(ii) if there is not a newspaper generally circulated in the county, the hearing may be
4799     published by posting notice in three conspicuous places within the county;]

4800          [(b) on the Utah Public Notice Website created under Section 63A-16-601; and]
4801          [(c) on the home page of the county's website, either in full or as a link, if the county
4802     has a publicly viewable website, until the hearing takes place.]
4803          Section 91. Section 17-41-302 is amended to read:
4804          17-41-302. Notice of proposal for creation of protection area -- Responses.
4805          (1) (a) An applicable legislative body shall provide notice of the proposal [by:], as a
4806     class B notice under Section 63G-28-102, for at least 15 days.
4807          (b) A legislative body shall provide the notice described in Subsection (1)(a) for the
4808     geographic boundaries of the proposed agriculture protection area, industrial protection area, or
4809     critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the
4810     geographic boundaries of the proposed agriculture protection area, industrial protection area, or
4811     critical infrastructure materials protection area.
4812          [(a) posting notice on the Utah Public Notice Website created in Section 63A-16-601;]
4813          [(b) posting notice at five public places, designated by the county or municipal
4814     legislative body, within or near the proposed agriculture protection area, industrial protection
4815     area, or critical infrastructure materials protection area; and]
4816          [(c) mailing written notice to each owner of land within 1,000 feet of the land proposed
4817     for inclusion within an agriculture protection area, industrial protection area, or critical
4818     infrastructure materials protection area.]
4819          (2) The notice shall contain:
4820          (a) a statement that a proposal for the creation of an agriculture protection area,
4821     industrial protection area, or critical infrastructure materials protection area has been filed with
4822     the applicable legislative body;
4823          (b) a statement that the proposal will be open to public inspection in the office of the
4824     applicable legislative body;
4825          (c) a statement that any person affected by the establishment of the area may, within 15
4826     days of the date of the notice, file with the applicable legislative body:
4827          (i) written objections to the proposal; or
4828          (ii) a written request to modify the proposal to exclude land from or add land to the
4829     proposed protection area;
4830          (d) a statement that the applicable legislative body will submit the proposal to the

4831     advisory committee and to the planning commission for review and recommendations;
4832          (e) a statement that the applicable legislative body will hold a public hearing to discuss
4833     and hear public comment on:
4834          (i) the proposal to create the agriculture protection area, industrial protection area, or
4835     critical infrastructure materials protection area;
4836          (ii) the recommendations of the advisory committee and planning commission; and
4837          (iii) any requests for modification of the proposal and any objections to the proposal;
4838     and
4839          (f) a statement indicating the date, time, and place of the public hearing.
4840          (3) (a) A person wishing to modify the proposal for the creation of the agriculture
4841     protection area, industrial protection area, or critical infrastructure materials protection area
4842     shall, within 15 days after the date of the notice, file a written request for modification of the
4843     proposal, which identifies specifically the land that should be added to or removed from the
4844     proposal.
4845          (b) A person wishing to object to the proposal for the creation of the agriculture
4846     protection area, industrial protection area, or critical infrastructure materials protection area
4847     shall, within 15 days after the date of the notice, file a written objection to the creation of the
4848     relevant protection area.
4849          Section 92. Section 17-41-304 is amended to read:
4850          17-41-304. Public hearing -- Notice -- Review and action on proposal.
4851          (1) After receipt of the written reports from the advisory committee and planning
4852     commission, or after the 45 days have expired, whichever is earlier, the county or municipal
4853     legislative body shall:
4854          (a) schedule a public hearing;
4855          (b) provide notice of the public hearing [by:] for the geographic area described in
4856     Subsection 17-41-302(1)(b), as a class B notice under Section 63G-28-102, for at least seven
4857     days; and
4858          [(i) posting notice on the Utah Public Notice Website created in Section 63A-16-601;]
4859          [(ii) posting notice at five public places, designated by the applicable legislative body,
4860     within or near the proposed agriculture protection area, industrial protection area, or critical
4861     infrastructure materials protection area; and]

4862          [(iii) mailing written notice to each owner of land within 1,000 feet of the land
4863     proposed for inclusion within an agriculture protection area, industrial protection area, or
4864     critical infrastructure materials protection area; and]
4865          (c) ensure that the notice includes:
4866          (i) the time, date, and place of the public hearing on the proposal;
4867          (ii) a description of the proposed agriculture protection area, industrial protection area,
4868     or critical infrastructure materials protection area;
4869          (iii) any proposed modifications to the proposed agriculture protection area, industrial
4870     protection area, or critical infrastructure materials protection area;
4871          (iv) a summary of the recommendations of the advisory committee and planning
4872     commission; and
4873          (v) a statement that interested persons may appear at the public hearing and speak in
4874     favor of or against the proposal, any proposed modifications to the proposal, or the
4875     recommendations of the advisory committee and planning commission.
4876          (2) The applicable legislative body shall:
4877          (a) convene the public hearing at the time, date, and place specified in the notice; and
4878          (b) take oral or written testimony from interested persons.
4879          (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
4880     body shall approve, modify and approve, or reject the proposal.
4881          (b) The creation of an agriculture protection area, industrial protection area, or critical
4882     infrastructure materials protection area is effective at the earlier of:
4883          (i) the applicable legislative body's approval of a proposal or modified proposal; or
4884          (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if
4885     the applicable legislative body has failed to approve or reject the proposal within that time.
4886          (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
4887     is effective only if the applicable legislative body, at its discretion, approves a proposal or
4888     modified proposal.
4889          (4) (a) To give constructive notice of the existence of the agriculture protection area,
4890     industrial protection area, or critical infrastructure materials protection area to all persons who
4891     have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
4892     protection area within 10 days of the creation of the relevant protection area, the applicable

4893     legislative body shall file an executed document containing a legal description of the relevant
4894     protection area with:
4895          (i) the county recorder of deeds; and
4896          (ii) the affected planning commission.
4897          (b) If the legal description of the property to be included in the relevant protection area
4898     is available through the county recorder's office, the applicable legislative body shall use that
4899     legal description in its executed document required in Subsection (4)(a).
4900          (5) Within 10 days of the recording of the agriculture protection area, the applicable
4901     legislative body shall:
4902          (a) send written notification to the commissioner of agriculture and food that the
4903     agriculture protection area has been created; and
4904          (b) include in the notification:
4905          (i) the number of landowners owning land within the agriculture protection area;
4906          (ii) the total acreage of the area;
4907          (iii) the date of approval of the area; and
4908          (iv) the date of recording.
4909          (6) The applicable legislative body's failure to record the notice required under
4910     Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
4911     creation of an agriculture protection area.
4912          (7) The applicable legislative body may consider the cost of recording notice under
4913     Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
4914     under Subsection 17-41-301(4)(b).
4915          Section 93. Section 17-41-405 is amended to read:
4916          17-41-405. Eminent domain restrictions -- Notice of hearing.
4917          (1) A political subdivision having or exercising eminent domain powers may not
4918     condemn for any purpose any land within an agriculture protection area that is being used for
4919     agricultural production, land within an industrial protection area that is being put to an
4920     industrial use, or land within a critical infrastructure materials protection area, unless the
4921     political subdivision obtains approval, according to the procedures and requirements of this
4922     section, from the applicable legislative body and the advisory board.
4923          (2) Any condemnor wishing to condemn property within an agriculture protection area,

4924     industrial protection area, or critical infrastructure materials protection area shall file a notice
4925     of condemnation with the applicable legislative body and the relevant protection area's advisory
4926     board at least 30 days before filing an eminent domain complaint.
4927          (3) The applicable legislative body and the advisory board shall:
4928          (a) hold a joint public hearing on the proposed condemnation at a location within the
4929     county in which the relevant protection area is located; and
4930          (b) [post] publish notice of the time, date, place, and purpose of the public hearing[:]
4931     for the relevant protection area, as a class A notice under Section 63G-28-102, for at least
4932     seven days.
4933          [(i) on the Utah Public Notice Website created in Section 63A-16-601; and]
4934          [(ii) in five conspicuous public places, designated by the applicable legislative body,
4935     within or near the relevant protection area.]
4936          (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
4937     liquid waste materials, the applicable legislative body and the advisory board may approve the
4938     condemnation only if there is no reasonable and prudent alternative to the use of the land
4939     within the agriculture protection area, industrial protection area, or critical infrastructure
4940     materials protection area for the project.
4941          (b) If the condemnation is for any other purpose, the applicable legislative body and the
4942     advisory board may approve the condemnation only if:
4943          (i) the proposed condemnation would not have an unreasonably adverse effect upon the
4944     preservation and enhancement of:
4945          (A) agriculture within the agriculture protection area;
4946          (B) the industrial use within the industrial protection area; or
4947          (C) critical infrastructure materials operations within the critical infrastructure
4948     materials protection area; or
4949          (ii) there is no reasonable and prudent alternative to the use of the land within the
4950     relevant protection area for the project.
4951          (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
4952     legislative body and the advisory board shall approve or reject the proposed condemnation.
4953          (b) If the applicable legislative body and the advisory board fail to act within the 60
4954     days or such further time as the applicable legislative body establishes, the condemnation shall

4955     be considered rejected.
4956          (6) The applicable legislative body or the advisory board may request the county or
4957     municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
4958     this section.
4959          Section 94. Section 17-50-303 is amended to read:
4960          17-50-303. County may not give or lend credit -- County may borrow in
4961     anticipation of revenues -- Assistance to nonprofit and private entities -- Notice
4962     requirements.
4963          (1) A county may not give or lend its credit to or in aid of any person or corporation,
4964     or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
4965          (2) (a) A county may borrow money in anticipation of the collection of taxes and other
4966     county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
4967     Government Bonding Act.
4968          (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
4969     funds of the county may be expended.
4970          (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
4971     nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
4972     the county legislative body, the assistance contributes to the safety, health, prosperity, moral
4973     well-being, peace, order, comfort, or convenience of county residents.
4974          (b) A county may appropriate money to a nonprofit entity from the county's own funds
4975     or from funds the county receives from the state or any other source.
4976          (4) (a) As used in this Subsection (4):
4977          (i) "Private enterprise" means a person that engages in an activity for profit.
4978          (ii) "Project" means an activity engaged in by a private enterprise.
4979          (b) A county may appropriate money in aid of a private enterprise project if:
4980          (i) subject to Subsection (4)(c), the county receives value in return for the money
4981     appropriated; and
4982          (ii) in the judgment of the county legislative body, the private enterprise project
4983     provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
4984     convenience of the county residents.
4985          (c) The county shall measure the net value received by the county for money

4986     appropriated by the county to a private entity on a project-by-project basis over the life of the
4987     project.
4988          (d) (i) Before a county legislative body may appropriate funds in aid of a private
4989     enterprise project under this Subsection (4), the county legislative body shall:
4990          (A) adopt by ordinance criteria to determine what value, if any, the county will receive
4991     in return for money appropriated under this Subsection (4);
4992          (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
4993     and private enterprise project; and
4994          (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
4995     appropriation and the private enterprise project.
4996          (ii) The county legislative body may consider an intangible benefit as a value received
4997     by the county.
4998          (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
4999     county shall study:
5000          (A) any value the county will receive in return for money or resources appropriated to a
5001     private entity;
5002          (B) the county's purpose for the appropriation, including an analysis of the way the
5003     appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
5004     order, comfort, or convenience of the county residents; and
5005          (C) whether the appropriation is necessary and appropriate to accomplish the
5006     reasonable goals and objectives of the county in the area of economic development, job
5007     creation, affordable housing, elimination of a development impediment, as defined in Section
5008     17C-1-102, job preservation, the preservation of historic structures, analyzing and improving
5009     county government structure or property, or any other public purpose.
5010          (ii) The county shall:
5011          (A) prepare a written report of the results of the study; and
5012          (B) make the report available to the public at least 14 days immediately prior to the
5013     scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
5014          (f) The county shall publish notice of the public hearing required in Subsection
5015     (4)(d)(i)(C)[:] for the county, as a class A notice under Section 63G-28-102, for at least 14 days
5016     before the day of the public hearing.

5017          [(i) in a newspaper of general circulation at least 14 days before the date of the hearing
5018     or, if there is no newspaper of general circulation, by posting notice in at least three
5019     conspicuous places within the county for the same time period; and]
5020          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, at least 14 days
5021     before the date of the hearing.]
5022          (g) (i) A person may appeal the decision of the county legislative body to appropriate
5023     funds under this Subsection (4).
5024          (ii) A person shall file an appeal with the district court within 30 days after the day on
5025     which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
5026          (iii) A court shall:
5027          (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
5028     is valid; and
5029          (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
5030     illegal.
5031          (iv) A determination of illegality requires a determination that the decision or
5032     ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
5033     ordinance was adopted.
5034          (v) The district court's review is limited to:
5035          (A) a review of the criteria adopted by the county legislative body under Subsection
5036     (4)(d)(i)(A);
5037          (B) the record created by the county legislative body at the public hearing described in
5038     Subsection (4)(d)(i)(C); and
5039          (C) the record created by the county in preparation of the study and the study itself as
5040     described in Subsection (4)(e).
5041          (vi) If there is no record, the court may call witnesses and take evidence.
5042          (h) This section applies only to an appropriation not otherwise approved in accordance
5043     with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
5044          Section 95. Section 17B-1-106 is amended to read:
5045          17B-1-106. Notice before preparing or amending a long-range plan or acquiring
5046     certain property.
5047          (1) As used in this section:

5048          (a) (i) "Affected entity" means each county, municipality, local district under this title,
5049     special service district, school district, interlocal cooperation entity established under Title 11,
5050     Chapter 13, Interlocal Cooperation Act, and specified public utility:
5051          (A) whose services or facilities are likely to require expansion or significant
5052     modification because of an intended use of land; or
5053          (B) that has filed with the local district a copy of the general or long-range plan of the
5054     county, municipality, local district, school district, interlocal cooperation entity, or specified
5055     public utility.
5056          (ii) "Affected entity" does not include the local district that is required under this
5057     section to provide notice.
5058          (b) "Specified public utility" means an electrical corporation, gas corporation, or
5059     telephone corporation, as those terms are defined in Section 54-2-1.
5060          (2) (a) If a local district under this title located in a county of the first or second class
5061     prepares a long-range plan regarding the local district's facilities proposed for the future or
5062     amends an already existing long-range plan, the local district shall, before preparing a
5063     long-range plan or amendments to an existing long-range plan, provide written notice, as
5064     provided in this section, of the local district's intent to prepare a long-range plan or to amend an
5065     existing long-range plan.
5066          (b) Each notice under Subsection (2)(a) shall:
5067          (i) indicate that the local district intends to prepare a long-range plan or to amend a
5068     long-range plan, as the case may be;
5069          (ii) describe or provide a map of the geographic area that will be affected by the
5070     long-range plan or amendments to a long-range plan;
5071          (iii) be:
5072          (A) sent to each county in whose unincorporated area and each municipality in whose
5073     boundaries is located the land on which the proposed long-range plan or amendments to a
5074     long-range plan are expected to indicate that the proposed facilities will be located;
5075          (B) sent to each affected entity;
5076          (C) sent to the Utah Geospatial Resource Center created in Section 63A-16-505;
5077          (D) sent to each association of governments, established pursuant to an interlocal
5078     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or

5079     municipality described in Subsection (2)(b)(iii)(A) is a member; and
5080          (E) published for the local district, as a class A notice under Section 63G-28-102, for at
5081     least 14 days;
5082          [(E) (I) placed on the Utah Public Notice Website created under Section 63A-16-601, if
5083     the local district:]
5084          [(Aa) is required under Subsection 52-4-203(3) to use that website to provide public
5085     notice of a meeting; or]
5086          [(Bb) voluntarily chooses to place notice on that website despite not being required to
5087     do so under Subsection (2)(b)(iii)(E)(I)(Aa); or]
5088          [(II) the state planning coordinator appointed under Section 63J-4-401, if the local
5089     district does not provide notice on the Utah Public Notice Website under Subsection
5090     (2)(b)(iii)(E)(I);]
5091          (iv) with respect to the notice to counties and municipalities described in Subsection
5092     (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
5093     consider in the process of preparing, adopting, and implementing the long-range plan or
5094     amendments to a long-range plan concerning:
5095          (A) impacts that the use of land proposed in the proposed long-range plan or
5096     amendments to a long-range plan may have on the county, municipality, or affected entity; and
5097          (B) uses of land that the county, municipality, or affected entity is planning or
5098     considering that may conflict with the proposed long-range plan or amendments to a long-range
5099     plan; and
5100          (v) include the address of an Internet website, if the local district has one, and the name
5101     and telephone number of an individual where more information can be obtained concerning the
5102     local district's proposed long-range plan or amendments to a long-range plan.
5103          (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
5104     real property in a county of the first or second class for the purpose of expanding the local
5105     district's infrastructure or other facilities used for providing the services that the local district is
5106     authorized to provide shall provide written notice, as provided in this Subsection (3), of the
5107     local district's intent to acquire the property if the intended use of the property is contrary to:
5108          (i) the anticipated use of the property under the county or municipality's general plan;
5109     or

5110          (ii) the property's current zoning designation.
5111          (b) Each notice under Subsection (3)(a) shall:
5112          (i) indicate that the local district intends to acquire real property;
5113          (ii) identify the real property; and
5114          (iii) be sent to:
5115          (A) each county in whose unincorporated area and each municipality in whose
5116     boundaries the property is located; and
5117          (B) each affected entity.
5118          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
5119     63G-2-305(8).
5120          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
5121     previously provided notice under Subsection (2) identifying the general location within the
5122     municipality or unincorporated part of the county where the property to be acquired is located.
5123          (ii) If a local district is not required to comply with the notice requirement of
5124     Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
5125     the notice specified in Subsection (3)(a) as soon as practicable after the local district's
5126     acquisition of the real property.
5127          Section 96. Section 17B-1-111 is amended to read:
5128          17B-1-111. Impact fee resolution -- Notice and hearing requirements.
5129          (1) (a) If a local district wishes to impose impact fees, the board of trustees of the local
5130     district shall:
5131          (i) prepare a proposed impact fee resolution that meets the requirements of Title 11,
5132     Chapter 36a, Impact Fees Act;
5133          (ii) make a copy of the impact fee resolution available to the public at least [14] 10
5134     days before the date of the public hearing and hold a public hearing on the proposed impact fee
5135     resolution; and
5136          (iii) provide reasonable notice of the public hearing for the local district, as a class A
5137     notice under Section 63G-28-102, for at least [14] 10 days before the date of the hearing.
5138          (b) After the public hearing, the board of trustees may:
5139          (i) adopt the impact fee resolution as proposed;
5140          (ii) amend the impact fee resolution and adopt or reject it as amended; or

5141          (iii) reject the resolution.
5142          [(2) A local district meets the requirements of reasonable notice required by this
5143     section if it:]
5144          [(a) posts notice of the hearing or meeting in at least three public places within the
5145     jurisdiction; or]
5146          [(b) gives actual notice of the hearing or meeting.]
5147          [(3)] (2) The local district's board of trustees may enact a resolution establishing
5148     stricter notice requirements than those required by this section.
5149          [(4)] (3) (a) Proof that [one of the two forms of] notice required by this section was
5150     given is prima facie evidence that notice was properly given.
5151          (b) If notice given under authority of this section is not challenged within 30 days from
5152     the date of the meeting for which the notice was given, the notice is considered adequate and
5153     proper.
5154          Section 97. Section 17B-1-211 is amended to read:
5155          17B-1-211. Notice of public hearings -- Publication of resolution.
5156          (1) Before holding a public hearing or set of public hearings under Section 17B-1-210,
5157     the legislative body of each county or municipality with which a request is filed or that adopts a
5158     resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local district
5159     that adopts a resolution under Subsection 17B-1-203(1)(e) shall[:] publish notice for the
5160     proposed local district, as a class B notice under Section 63G-28-102, for at least two weeks
5161     before the day of the hearing or the day of the first of the set of hearings.
5162          [(a) (i) in accordance with Subsection (2), post at least one notice per 1,000 population
5163     of the applicable area and at places within the area that are most likely to provide actual notice
5164     to residents of the area; and]
5165          [(ii) publish notice on the Utah Public Notice Website created in Section 63A-16-601,
5166     for two weeks before the hearing or the first of the set of hearings; or]
5167          [(b) mail a notice to each registered voter residing within and each owner of real
5168     property located within the proposed local district.]
5169          (2) Each notice required under Subsection (1) shall:
5170          (a) if the hearing or set of hearings is concerning a resolution:
5171          (i) contain the entire text or an accurate summary of the resolution; and

5172          (ii) state the deadline for filing a protest against the creation of the proposed local
5173     district;
5174          (b) clearly identify each governing body involved in the hearing or set of hearings;
5175          (c) state the date, time, and place for the hearing or set of hearings and the purposes for
5176     the hearing or set of hearings; and
5177          (d) describe or include a map of the entire proposed local district.
5178          (3) County or municipal legislative bodies may jointly provide the notice required
5179     under this section if all the requirements of this section are met as to each notice.
5180          Section 98. Section 17B-1-304 is amended to read:
5181          17B-1-304. Appointment procedures for appointed members -- Notice of vacancy.
5182          (1) The appointing authority may, by resolution, appoint persons to serve as members
5183     of a local district board by following the procedures established by this section.
5184          (2) (a) In any calendar year when appointment of a new local district board member is
5185     required, the appointing authority shall prepare a notice of vacancy that contains:
5186          (i) the positions that are vacant that shall be filled by appointment;
5187          (ii) the qualifications required to be appointed to those positions;
5188          (iii) the procedures for appointment that the governing body will follow in making
5189     those appointments; and
5190          (iv) the person to be contacted and any deadlines that a person shall meet who wishes
5191     to be considered for appointment to those positions.
5192          (b) The appointing authority shall[:] publish the notice of vacancy for the local district,
5193     as a class A notice under Section 63G-28-102, for at least one month before the deadline for
5194     accepting nominees for appointment.
5195          [(i) post the notice of vacancy in four public places within the local district at least one
5196     month before the deadline for accepting nominees for appointment; and]
5197          [(ii) post the notice of vacancy on the Utah Public Notice Website, created in Section
5198     63A-16-601, for five days before the deadline for accepting nominees for appointment.]
5199          (c) The appointing authority may bill the local district for the cost of preparing,
5200     printing, and publishing the notice.
5201          (3) (a) After the appointing authority is notified of a vacancy and has satisfied the
5202     requirements described in Subsection (2), the appointing authority shall select a person to fill

5203     the vacancy from the applicants who meet the qualifications established by law.
5204          (b) The appointing authority shall:
5205          (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
5206     appointment;
5207          (ii) allow any interested persons to be heard; and
5208          (iii) adopt a resolution appointing a person to the local district board.
5209          (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
5210     appointing authority, the appointing authority shall select the appointee from the two top
5211     candidates by lot.
5212          (4) Persons appointed to serve as members of the local district board serve four-year
5213     terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
5214     appointing body.
5215          (5) (a) At the end of each board member's term, the position is considered vacant, and,
5216     after following the appointment procedures established in this section, the appointing authority
5217     may either reappoint the incumbent board member or appoint a new member.
5218          (b) Notwithstanding Subsection (5)(a), a board member may continue to serve until a
5219     successor is elected or appointed and qualified in accordance with Subsection 17B-1-303(2)(b).
5220          (6) Notwithstanding any other provision of this section, if the appointing authority
5221     appoints one of its own members and that member meets all applicable statutory board member
5222     qualifications, the appointing authority need not comply with Subsection (2) or (3).
5223          Section 99. Section 17B-1-306 is amended to read:
5224          17B-1-306. Local district board -- Election procedures -- Notice.
5225          (1) Except as provided in Subsection (12), each elected board member shall be selected
5226     as provided in this section.
5227          (2) (a) Each election of a local district board member shall be held:
5228          (i) at the same time as the municipal general election or the regular general election, as
5229     applicable; and
5230          (ii) at polling places designated by the local district board in consultation with the
5231     county clerk for each county in which the local district is located, which polling places shall
5232     coincide with municipal general election or regular general election polling places, as
5233     applicable, whenever feasible.

5234          (b) The local district board, in consultation with the county clerk, may consolidate two
5235     or more polling places to enable voters from more than one district to vote at one consolidated
5236     polling place.
5237          (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
5238     Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
5239     polling place per division of the district, designated by the district board.
5240          (ii) Each polling place designated by an irrigation district board under Subsection
5241     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
5242     (2)(a)(ii).
5243          (3) The clerk of each local district with a board member position to be filled at the next
5244     municipal general election or regular general election, as applicable, shall provide notice of:
5245          (a) each elective position of the local district to be filled at the next municipal general
5246     election or regular general election, as applicable;
5247          (b) the constitutional and statutory qualifications for each position; and
5248          (c) the dates and times for filing a declaration of candidacy.
5249          (4) The clerk of the local district shall publish the notice described in Subsection (3)[:]
5250     for the local district, as a class A notice under Section 63G-28-102, for at least 10 days before
5251     the first day for filing a declaration of candidacy.
5252          [(a) by posting the notice on the Utah Public Notice Website created in Section
5253     63A-16-601, for 10 days before the first day for filing a declaration of candidacy;]
5254          [(b) by posting the notice in at least five public places within the local district at least
5255     10 days before the first day for filing a declaration of candidacy; and]
5256          [(c) if the local district has a website, on the local district's website for 10 days before
5257     the first day for filing a declaration of candidacy.]
5258          (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
5259     local district board position, an individual shall file a declaration of candidacy in person with
5260     an official designated by the local district within the candidate filing period for the applicable
5261     election year in which the election for the local district board is held and:
5262          (i) during the local district's standard office hours, if the standard office hours provide
5263     at least three consecutive office hours each day during the candidate filing period that is not a
5264     holiday or weekend; or

5265          (ii) if the standard office hours of a local district do not provide at least three
5266     consecutive office hours each day, a three-hour consecutive time period each day designated by
5267     the local district during the candidate filing period that is not a holiday or weekend.
5268          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
5269     filing time shall be extended until the close of normal office hours on the following regular
5270     business day.
5271          (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
5272     declaration of candidacy with the official designated by the local district if:
5273          (i) the individual is located outside of the state during the entire filing period;
5274          (ii) the designated agent appears in person before the official designated by the local
5275     district; and
5276          (iii) the individual communicates with the official designated by the local district using
5277     an electronic device that allows the individual and official to see and hear each other.
5278          (d) (i) Before the filing officer may accept any declaration of candidacy from an
5279     individual, the filing officer shall:
5280          (A) read to the individual the constitutional and statutory qualification requirements for
5281     the office that the individual is seeking; and
5282          (B) require the individual to state whether the individual meets those requirements.
5283          (ii) If the individual does not meet the qualification requirements for the office, the
5284     filing officer may not accept the individual's declaration of candidacy.
5285          (iii) If it appears that the individual meets the requirements of candidacy, the filing
5286     officer shall accept the individual's declaration of candidacy.
5287          (e) The declaration of candidacy shall be in substantially the following form:
5288          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
5289     ____________, City of ________________, County of ________________, state of Utah, (Zip
5290     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
5291     office of board of trustees member for _______________________ (state the name of the local
5292     district); that I am a candidate for that office to be voted upon at the next election; and that, if
5293     filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
5294     period, and I hereby request that my name be printed upon the official ballot for that election.
     

5295          (Signed) _________________________________________
5296          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
5297     of ____________, ____.
     
5298          (Signed) ________________________
     
5299          (Clerk or Notary Public)".
5300          (f) An agent designated under Subsection (5)(c) may not sign the form described in
5301     Subsection (5)(e).
5302          (g) Each individual wishing to become a valid write-in candidate for an elective local
5303     district board position is governed by Section 20A-9-601.
5304          (h) If at least one individual does not file a declaration of candidacy as required by this
5305     section, an individual shall be appointed to fill that board position in accordance with the
5306     appointment provisions of Section 20A-1-512.
5307          (i) If only one candidate files a declaration of candidacy and there is no write-in
5308     candidate who complies with Section 20A-9-601, the board, in accordance with Section
5309     20A-1-206, may:
5310          (i) consider the candidate to be elected to the position; and
5311          (ii) cancel the election.
5312          (6) (a) A primary election may be held if:
5313          (i) the election is authorized by the local district board; and
5314          (ii) the number of candidates for a particular local board position or office exceeds
5315     twice the number of persons needed to fill that position or office.
5316          (b) The primary election shall be conducted:
5317          (i) on the same date as the municipal primary election or the regular primary election,
5318     as applicable; and
5319          (ii) according to the procedures for primary elections provided under Title 20A,
5320     Election Code.
5321          (7) (a) Except as provided in Subsection (7)(c), within one business day after the
5322     deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
5323     names to the clerk of each county in which the local district is located.

5324          (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
5325     20A-6-305, the clerk of each county in which the local district is located and the local district
5326     clerk shall coordinate the placement of the name of each candidate for local district office in
5327     the nonpartisan section of the ballot with the appropriate election officer.
5328          (ii) If consolidation of the local district election ballot with the municipal general
5329     election ballot or the regular general election ballot, as applicable, is not feasible, the local
5330     district board of trustees, in consultation with the county clerk, shall provide for a separate
5331     local district election ballot to be administered by poll workers at polling places designated
5332     under Subsection (2).
5333          (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
5334     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
5335          (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
5336     prescribe the form of the ballot for each board member election.
5337          (B) Each ballot for an election of an irrigation district board member shall be in a
5338     nonpartisan format.
5339          (C) The name of each candidate shall be placed on the ballot in the order specified
5340     under Section 20A-6-305.
5341          (8) (a) Each voter at an election for a board of trustees member of a local district shall:
5342          (i) be a registered voter within the district, except for an election of:
5343          (A) an irrigation district board of trustees member; or
5344          (B) a basic local district board of trustees member who is elected by property owners;
5345     and
5346          (ii) meet the requirements to vote established by the district.
5347          (b) Each voter may vote for as many candidates as there are offices to be filled.
5348          (c) The candidates who receive the highest number of votes are elected.
5349          (9) Except as otherwise provided by this section, the election of local district board
5350     members is governed by Title 20A, Election Code.
5351          (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
5352     local district board shall serve a four-year term, beginning at noon on the January 1 after the
5353     person's election.
5354          (b) A person elected shall be sworn in as soon as practical after January 1.

5355          (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
5356     the county or municipality holding an election under this section for the costs of the election
5357     attributable to that local district.
5358          (b) Each irrigation district shall bear the district's own costs of each election the district
5359     holds under this section.
5360          (12) This section does not apply to an improvement district that provides electric or gas
5361     service.
5362          (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,
5363     Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
5364          (14) (a) As used in this Subsection (14), "board" means:
5365          (i) a local district board; or
5366          (ii) the administrative control board of a special service district that has elected
5367     members on the board.
5368          (b) A board may hold elections for membership on the board at a regular general
5369     election instead of a municipal general election if the board submits an application to the
5370     lieutenant governor that:
5371          (i) requests permission to hold elections for membership on the board at a regular
5372     general election instead of a municipal general election; and
5373          (ii) indicates that holding elections at the time of the regular general election is
5374     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
5375     material reason.
5376          (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
5377     governor may approve the application if the lieutenant governor concludes that holding the
5378     elections at the regular general election is beneficial based on the criteria described in
5379     Subsection (14)(b)(ii).
5380          (d) If the lieutenant governor approves a board's application described in this section:
5381          (i) all future elections for membership on the board shall be held at the time of the
5382     regular general election; and
5383          (ii) the board may not hold elections at the time of a municipal general election unless
5384     the board receives permission from the lieutenant governor to hold all future elections for
5385     membership on the board at a municipal general election instead of a regular general election,

5386     under the same procedure, and by applying the same criteria, described in this Subsection (14).
5387          (15) (a) This Subsection (15) applies to a local district if:
5388          (i) the local district's board members are elected by the owners of real property, as
5389     provided in Subsection 17B-1-1402(1)(b); and
5390          (ii) the local district was created before January 1, 2020.
5391          (b) The board of a local district described in Subsection (15)(a) may conduct an
5392     election:
5393          (i) to fill a board member position that expires at the end of the term for that board
5394     member's position; and
5395          (ii) notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired
5396     term of a board member.
5397          (c) An election under Subsection (15)(b) may be conducted as determined by the local
5398     district board, subject to Subsection (15)(d).
5399          (d) (i) The local district board shall provide to property owners eligible to vote at the
5400     local district election:
5401          (A) notice of the election; and
5402          (B) a form to nominate an eligible individual to be elected as a board member.
5403          (ii) (A) The local district board may establish a deadline for a property owner to submit
5404     a nomination form.
5405          (B) A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after
5406     the board provides the notice and nomination form under Subsection (15)(d)(i).
5407          (iii) (A) After the deadline for submitting nomination forms, the local district board
5408     shall provide a ballot to all property owners eligible to vote at the local district election.
5409          (B) A local district board shall allow at least five days for ballots to be returned.
5410          (iv) A local district board shall certify the results of an election under this Subsection
5411     (15) during an open meeting of the board.
5412          Section 100. Section 17B-1-313 is amended to read:
5413          17B-1-313. Publication of notice of board resolution or action -- Contest period --
5414     No contest after contest period.
5415          (1) After the board of trustees of a local district adopts a resolution or takes other
5416     action on behalf of the district, the board may provide for the publication of a notice of the

5417     resolution or other action.
5418          (2) Each notice under Subsection (1) shall:
5419          (a) include, as the case may be:
5420          (i) the language of the resolution or a summary of the resolution; or
5421          (ii) a description of the action taken by the board;
5422          (b) state that:
5423          (i) any person in interest may file an action in district court to contest the regularity,
5424     formality, or legality of the resolution or action within 30 days after the date of publication; and
5425          (ii) if the resolution or action is not contested by filing an action in district court within
5426     the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
5427     action after the expiration of the 30-day period; and
5428          (c) be [posted on the Utah Public Notice Website created in Section 63A-16-601]
5429     published for the local district, as a class A notice under Section 63G-28-102, for at least 30
5430     days.
5431          (3) For a period of 30 days after the date of the publication, any person in interest may
5432     contest the regularity, formality, or legality of the resolution or other action by filing an action
5433     in district court.
5434          (4) After the expiration of the 30-day period under Subsection (3), no one may contest
5435     the regularity, formality, or legality of the resolution or action for any cause.
5436          Section 101. Section 17B-1-413 is amended to read:
5437          17B-1-413. Hearing, notice, and protest provisions do not apply for certain
5438     petitions.
5439          (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a),
5440     Sections 17B-1-409 and 17B-1-410 do not apply:
5441          (a) if the process to annex an area to a local district was initiated by:
5442          (i) a petition under Subsection 17B-1-403(1)(a)(i);
5443          (ii) a petition under Subsection 17B-1-403(1)(a)(ii)(A) that was signed by the owners
5444     of private real property that:
5445          (A) is located within the area proposed to be annexed;
5446          (B) covers at least 75% of the total private land area within the entire area proposed to
5447     be annexed and within each applicable area; and

5448          (C) is equal in assessed value to at least 75% of the assessed value of all private real
5449     property within the entire area proposed to be annexed and within each applicable area; or
5450          (iii) a petition under Subsection 17B-1-403(1)(a)(ii)(B) that was signed by registered
5451     voters residing within the entire area proposed to be annexed and within each applicable area
5452     equal in number to at least 75% of the number of votes cast within the entire area proposed to
5453     be annexed and within each applicable area, respectively, for the office of governor at the last
5454     regular general election before the filing of the petition;
5455          (b) to an annexation under Section 17B-1-415; or
5456          (c) to a boundary adjustment under Section 17B-1-417.
5457          (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
5458     Section 17B-1-405, the local district board:
5459          (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
5460     and
5461          (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
5462     17B-1-409 after giving notice of the public hearing as provided in Subsection (2)(b); and
5463          (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
5464     hold a public hearing as provided in Section 17B-1-409 if a written request to do so is
5465     submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to
5466     the local district board by an owner of property that is located within or a registered voter
5467     residing within the area proposed to be annexed who did not sign the annexation petition.
5468          (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
5469          (i) be given:
5470          (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
5471     certification; or
5472          (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
5473     than 30 days before the public hearing; and
5474          (B) by[:] providing notice, as a class A notice under Section 63G-28-102, for the area
5475     proposed to be annexed, through the day of the public hearing; and
5476          [(I) posting written notice at the local district's principal office and in one or more other
5477     locations within or proximate to the area proposed to be annexed as are reasonable under the
5478     circumstances, considering the number of parcels included in that area, the size of the area, the

5479     population of the area, and the contiguousness of the area; and]
5480          [(II) providing written notice:]
5481          [(Aa) to at least one newspaper of general circulation, if there is one, within the area
5482     proposed to be annexed or to a local media correspondent; and]
5483          [(Bb) on the Utah Public Notice Website created in Section 63A-16-601; and]
5484          (ii) contain a brief explanation of the proposed annexation and include the name of the
5485     local district, the service provided by the local district, a description or map of the area
5486     proposed to be annexed, a local district telephone number where additional information about
5487     the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
5488     explanation of the right of a property owner or registered voter to request a public hearing as
5489     provided in Subsection (2)(a)(ii)(B).
5490          (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
5491     required for a public hearing under Subsection (2)(a)(ii)(A).
5492          Section 102. Section 17B-1-417 is amended to read:
5493          17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
5494     adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
5495     Recording requirements -- Effective date.
5496          (1) As used in this section, "affected area" means the area located within the
5497     boundaries of one local district that will be removed from that local district and included within
5498     the boundaries of another local district because of a boundary adjustment under this section.
5499          (2) The boards of trustees of two or more local districts having a common boundary
5500     and providing the same service on the same wholesale or retail basis may adjust their common
5501     boundary as provided in this section.
5502          (3) (a) The board of trustees of each local district intending to adjust a boundary that is
5503     common with another local district shall:
5504          (i) adopt a resolution indicating the board's intent to adjust a common boundary;
5505          (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
5506     after the adoption of the resolution under Subsection (3)(a)(i); and
5507          (iii) provide notice for the affected area, as a class B notice under Section 63G-28-102,
5508     for at least two weeks before the day of the public hearing.
5509          [(A) post notice:]

5510          [(I) in at least four conspicuous places within the local district at least two weeks
5511     before the public hearing; and]
5512          [(II) on the Utah Public Notice Website created in Section 63A-16-601, for two weeks;
5513     or]
5514          [(B) mail a notice to each owner of property located within the affected area and to
5515     each registered voter residing within the affected area.]
5516          (b) The notice required under Subsection (3)(a)(iii) shall:
5517          (i) state that the board of trustees of the local district has adopted a resolution
5518     indicating the board's intent to adjust a boundary that the local district has in common with
5519     another local district that provides the same service as the local district;
5520          (ii) describe the affected area;
5521          (iii) state the date, time, and location of the public hearing required under Subsection
5522     (3)(a)(ii);
5523          (iv) provide a local district telephone number where additional information about the
5524     proposed boundary adjustment may be obtained;
5525          (v) explain the financial and service impacts of the boundary adjustment on property
5526     owners or residents within the affected area; and
5527          (vi) state in conspicuous and plain terms that the board of trustees may approve the
5528     adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
5529     written protests to the adjustment are filed with the board by:
5530          (A) the owners of private real property that:
5531          (I) is located within the affected area;
5532          (II) covers at least 50% of the total private land area within the affected area; and
5533          (III) is equal in assessed value to at least 50% of the assessed value of all private real
5534     property within the affected area; or
5535          (B) registered voters residing within the affected area equal in number to at least 50%
5536     of the votes cast in the affected area for the office of governor at the last regular general
5537     election before the filing of the protests.
5538          (c) The boards of trustees of the local districts whose boundaries are being adjusted
5539     may jointly:
5540          (i) [post or mail] provide the notice required under Subsection (3)(a)(iii); and

5541          (ii) hold the public hearing required under Subsection (3)(a)(ii).
5542          (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
5543     may adopt a resolution approving the adjustment of the common boundary unless, at or before
5544     the public hearing, written protests to the boundary adjustment have been filed with the board
5545     by:
5546          (a) the owners of private real property that:
5547          (i) is located within the affected area;
5548          (ii) covers at least 50% of the total private land area within the affected area; and
5549          (iii) is equal in assessed value to at least 50% of the assessed value of all private real
5550     property within the affected area; or
5551          (b) registered voters residing within the affected area equal in number to at least 50%
5552     of the votes cast in the affected area for the office of governor at the last regular general
5553     election before the filing of the protests.
5554          (5) A resolution adopted under Subsection (4) does not take effect until the board of
5555     each local district whose boundaries are being adjusted has adopted a resolution under
5556     Subsection (4).
5557          (6) The board of the local district whose boundaries are being adjusted to include the
5558     affected area shall:
5559          (a) within 30 days after the resolutions take effect under Subsection (5), file with the
5560     lieutenant governor:
5561          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
5562     that meets the requirements of Subsection 67-1a-6.5(3); and
5563          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
5564          (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
5565     under Section 67-1a-6.5:
5566          (i) if the affected area is located within the boundary of a single county, submit to the
5567     recorder of that county:
5568          (A) the original:
5569          (I) notice of an impending boundary action;
5570          (II) certificate of boundary adjustment; and
5571          (III) approved final local entity plat; and

5572          (B) a certified copy of each resolution adopted under Subsection (4); or
5573          (ii) if the affected area is located within the boundaries of more than a single county:
5574          (A) submit to the recorder of one of those counties:
5575          (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
5576          (II) a certified copy of each resolution adopted under Subsection (4); and
5577          (B) submit to the recorder of each other county:
5578          (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
5579     and
5580          (II) a certified copy of each resolution adopted under Subsection (4).
5581          (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
5582     under Section 67-1a-6.5, the affected area is annexed to the local district whose boundaries are
5583     being adjusted to include the affected area, and the affected area is withdrawn from the local
5584     district whose boundaries are being adjusted to exclude the affected area.
5585          (b) (i) The effective date of a boundary adjustment under this section for purposes of
5586     assessing property within the affected area is governed by Section 59-2-305.5.
5587          (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
5588     recorder of the county in which the property is located, a local district in whose boundary an
5589     affected area is included because of a boundary adjustment under this section may not:
5590          (A) levy or collect a property tax on property within the affected area;
5591          (B) levy or collect an assessment on property within the affected area; or
5592          (C) charge or collect a fee for service provided to property within the affected area.
5593          (iii) Subsection (7)(b)(ii)(C):
5594          (A) may not be construed to limit a local district's ability before a boundary adjustment
5595     to charge and collect a fee for service provided to property that is outside the local district's
5596     boundary; and
5597          (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
5598     local district's boundary adjustment, with respect to a fee that the local district was charging for
5599     service provided to property within the area affected by the boundary adjustment immediately
5600     before the boundary adjustment.
5601          Section 103. Section 17B-1-505.5 is amended to read:
5602          17B-1-505.5. Feasibility study for a municipality's withdrawal from a local

5603     district providing fire protection, paramedic, and emergency services or law enforcement
5604     service -- Notice of hearing.
5605          (1) As used in this section:
5606          (a) "Feasibility consultant" means a person with expertise in:
5607          (i) the processes and economics of local government; and
5608          (ii) the economics of providing fire protection, paramedic, and emergency services or
5609     law enforcement service.
5610          (b) "Feasibility study" means a study to determine the functional and financial
5611     feasibility of a municipality's withdrawal from a first responder local district.
5612          (c) "First responder district" means a local district, other than a municipal services
5613     district, that provides:
5614          (i) fire protection, paramedic, and emergency services; or
5615          (ii) law enforcement service.
5616          (d) "Withdrawing municipality" means a municipality whose legislative body has
5617     adopted a resolution under Subsection 17B-1-505(3)(a) to initiate the process of the
5618     municipality's withdrawal from a first responder district.
5619          (2) This section applies and a feasibility study shall be conducted, as provided in this
5620     section, if:
5621          (a) the legislative body of a municipality has adopted a resolution under Subsection
5622     17B-1-505(3)(a) to initiate the process of the municipality's withdrawal from a first responder
5623     district;
5624          (b) the municipality and first responder district have not agreed in writing to the
5625     withdrawal; and
5626          (c) a feasibility study is a condition under Subsection 17B-1-505(6)(a) for an election
5627     to be held approving the withdrawal.
5628          (3) (a) As provided in this Subsection (3), the withdrawing municipality and first
5629     responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
5630          (b) The withdrawing municipality and first responder district shall jointly choose and
5631     engage a feasibility consultant according to applicable municipal or local district procurement
5632     procedures.
5633          (c) (i) If the withdrawing municipality and first responder district cannot agree on and

5634     have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
5635     legislative body of the withdrawing municipality submits written notice to the first responder
5636     district under Subsection 17B-1-505(3)(c), the withdrawing municipality and first responder
5637     district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
5638     at least eight feasibility consultants provided by the Utah Association of Certified Public
5639     Accountants.
5640          (ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
5641     feasibility consultant that has had a contract to provide services to the withdrawing
5642     municipality or first responder district at any time during the two-year period immediately
5643     preceding the date the list is provided under Subsection (3)(c)(i).
5644          (iii) (A) Beginning with the first responder district, the first responder district and
5645     withdrawing municipality shall alternately eliminate one feasibility consultant each from the
5646     list of feasibility consultants until one feasibility consultant remains.
5647          (B) Within five days after receiving the list of consultants from the Utah Association of
5648     Certified Public Accountants, the first responder district shall make the first elimination of a
5649     feasibility consultant from the list and notify the withdrawing municipality in writing of the
5650     elimination.
5651          (C) After the first elimination of a feasibility consultant from the list, the withdrawing
5652     municipality and first responder district shall each, within three days after receiving the written
5653     notification of the preceding elimination, notify the other in writing of the elimination of a
5654     feasibility consultant from the list.
5655          (d) If a withdrawing municipality and first responder district do not engage a feasibility
5656     consultant under Subsection (3)(b), the withdrawing municipality and first responder district
5657     shall engage the feasibility consultant that has not been eliminated from the list at the
5658     completion of the process described in Subsection (3)(c).
5659          (4) A feasibility consultant that conducts a feasibility study under this section shall be
5660     independent of and unaffiliated with the withdrawing municipality and first responder district.
5661          (5) In conducting a feasibility study under this section, the feasibility consultant shall
5662     consider:
5663          (a) population and population density within the withdrawing municipality;
5664          (b) current and five-year projections of demographics and economic base in the

5665     withdrawing municipality, including household size and income, commercial and industrial
5666     development, and public facilities;
5667          (c) projected growth in the withdrawing municipality during the next five years;
5668          (d) subject to Subsection (6)(a), the present and five-year projections of the cost,
5669     including overhead, of providing the same service in the withdrawing municipality as is
5670     provided by the first responder district, including:
5671          (i) the estimated cost if the first responder district continues to provide service; and
5672          (ii) the estimated cost if the withdrawing municipality provides service;
5673          (e) subject to Subsection (6)(a), the present and five-year projections of the cost,
5674     including overhead, of the first responder district providing service with:
5675          (i) the municipality included in the first responder district's service area; and
5676          (ii) the withdrawing municipality excluded from the first responder district's service
5677     area;
5678          (f) a projection of any new taxes per household that may be levied within the
5679     withdrawing municipality within five years after the withdrawal;
5680          (g) the fiscal impact that the withdrawing municipality's withdrawal has on other
5681     municipalities and unincorporated areas served by the first responder district, including any rate
5682     increase that may become necessary to maintain required coverage ratios for the first responder
5683     district's debt;
5684          (h) the physical and other assets that will be required by the withdrawing municipality
5685     to provide, without interruption or diminution of service, the same service that is being
5686     provided by the first responder district;
5687          (i) the physical and other assets that will no longer be required by the first responder
5688     district to continue to provide the current level of service to the remainder of the first responder
5689     district, excluding the withdrawing municipality, and could be transferred to the withdrawing
5690     municipality;
5691          (j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
5692     district's assets between the first responder district and the withdrawing municipality, effective
5693     upon the withdrawal of the withdrawing municipality from the first responder district;
5694          (k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
5695     responder district and any local building authority of the first responder district, between the

5696     withdrawing municipality and the remaining first responder district, taking into consideration:
5697          (i) any requirement to maintain the excludability of interest from the income of the
5698     holder of the debt, liability, or obligation for federal income tax purposes; and
5699          (ii) any first responder district assets that have been purchased with the proceeds of
5700     bonds issued by the first responder district that the first responder district will retain and any of
5701     those assets that will be transferred to the withdrawing municipality;
5702          (l) the number and classification of first responder district employees who will no
5703     longer be required to serve the remaining portions of the first responder district after the
5704     withdrawing municipality withdraws from the first responder district, including the dollar
5705     amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
5706     associated with termination of the employees if the withdrawing municipality does not employ
5707     the employees;
5708          (m) maintaining as a base, for a period of three years after withdrawal, the existing
5709     schedule of pay and benefits for first responder district employees who are transferred to the
5710     employment of the withdrawing municipality; and
5711          (n) any other factor that the feasibility consultant considers relevant to the question of
5712     the withdrawing municipality's withdrawal from the first responder district.
5713          (6) (a) For purposes of Subsections (5)(d) and (e):
5714          (i) the feasibility consultant shall assume a level and quality of service to be provided
5715     in the future to the withdrawing municipality that fairly and reasonably approximates the level
5716     and quality of service that the first responder district provides to the withdrawing municipality
5717     at the time of the feasibility study;
5718          (ii) in determining the present value cost of a service that the first responder district
5719     provides, the feasibility consultant shall consider:
5720          (A) the cost to the withdrawing municipality of providing the service for the first five
5721     years after the withdrawal; and
5722          (B) the first responder district's present and five-year projected cost of providing the
5723     same service within the withdrawing municipality; and
5724          (iii) the feasibility consultant shall consider inflation and anticipated growth in
5725     calculating the cost of providing service.
5726          (b) The feasibility consultant may not consider an allocation of first responder district

5727     assets or a transfer of first responder district employees to the extent that the allocation or
5728     transfer would impair the first responder district's ability to continue to provide the current
5729     level of service to the remainder of the first responder district without the withdrawing
5730     municipality, unless the first responder district consents to the allocation or transfer.
5731          (7) A feasibility consultant may retain an architect, engineer, or other professional, as
5732     the feasibility consultant considers prudent and as provided in the agreement with the
5733     withdrawing municipality and first responder district, to assist the feasibility consultant to
5734     conduct a feasibility study.
5735          (8) The withdrawing municipality and first responder district shall require the
5736     feasibility consultant to:
5737          (a) complete the feasibility study within a time established by the withdrawing
5738     municipality and first responder district;
5739          (b) prepare and submit a written report communicating the results of the feasibility
5740     study, including a one-page summary of the results; and
5741          (c) attend all public hearings relating to the feasibility study under Subsection (14).
5742          (9) A written report of the results of a feasibility study under this section shall:
5743          (a) contain a recommendation concerning whether a withdrawing municipality's
5744     withdrawal from a first responder district is functionally and financially feasible for both the
5745     first responder district and the withdrawing municipality; and
5746          (b) include any conditions the feasibility consultant determines need to be satisfied in
5747     order to make the withdrawal functionally and financially feasible, including:
5748          (i) first responder district assets and liabilities to be allocated to the withdrawing
5749     municipality; and
5750          (ii) (A) first responder district employees to become employees of the withdrawing
5751     municipality; and
5752          (B) sick leave, vacation, and other accrued benefits and obligations relating to the first
5753     responder district employees that the withdrawing municipality needs to assume.
5754          (10) The withdrawing municipality and first responder district shall equally share the
5755     feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
5756     municipality and first responder district and the feasibility consultant.
5757          (11) (a) Upon completion of the feasibility study and preparation of a written report,

5758     the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
5759     first responder district.
5760          (b) (i) A withdrawing municipality or first responder district that disagrees with any
5761     aspect of a feasibility study report may, within 20 business days after receiving a copy of the
5762     report under Subsection (11)(a), submit to the feasibility consultant a written objection
5763     detailing the disagreement.
5764          (ii) (A) A withdrawing municipality that submits a written objection under Subsection
5765     (11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
5766          (B) A first responder district that submits a written objection under Subsection
5767     (11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
5768          (iii) A withdrawing municipality or first responder district may, within 10 business
5769     days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
5770     consultant a written response to the objection.
5771          (iv) (A) A withdrawing municipality that submits a response under Subsection
5772     (11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
5773          (B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
5774     simultaneously deliver a copy of the response to the withdrawing municipality.
5775          (v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
5776     within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
5777     submitting a response to an objection:
5778          (A) modify the feasibility study report or explain in writing why the feasibility
5779     consultant is not modifying the feasibility study report; and
5780          (B) deliver the modified feasibility study report or written explanation to the
5781     withdrawing municipality and first responder local district.
5782          (12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
5783     for submitting an objection or, if an objection is submitted, within seven days after receiving a
5784     modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
5785     30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
5786          (a) make a copy of the report available to the public at the primary office of the
5787     withdrawing municipality; and
5788          (b) if the withdrawing municipality has a website, post a copy of the report on the

5789     municipality's website.
5790          (13) A feasibility study report or, if a feasibility study report is modified under
5791     Subsection (11), a modified feasibility study report may not be challenged unless the basis of
5792     the challenge is that the report results from collusion or fraud.
5793          (14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
5794     submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
5795     the withdrawing municipality's receipt of the modified feasibility study report or written
5796     explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
5797     shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
5798     held:
5799          (i) within the following 60 days; and
5800          (ii) for the purpose of allowing:
5801          (A) the feasibility consultant to present the results of the feasibility study; and
5802          (B) the public to become informed about the feasibility study results, to ask the
5803     feasibility consultant questions about the feasibility study, and to express the public's views
5804     about the proposed withdrawal.
5805          (b) At a public hearing under Subsection (14)(a), the legislative body of the
5806     withdrawing municipality shall:
5807          (i) provide a copy of the feasibility study for public review; and
5808          (ii) allow the public to:
5809          (A) ask the feasibility consultant questions about the feasibility study; and
5810          (B) express the public's views about the withdrawing municipality's proposed
5811     withdrawal from the first responder district.
5812          (15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
5813     hearing under Subsection (14) [on the Utah Public Notice Website created in Section
5814     63A-16-601,] for the withdrawing municipality, as a class A notice under Section 63G-28-102,
5815     for three consecutive weeks immediately before the public hearing.
5816          (b) A notice under Subsection (15)(a) shall state:
5817          (i) the date, time, and location of the public hearing; and
5818          (ii) that a copy of the feasibility study report may be obtained, free of charge, at the
5819     office of the withdrawing municipality or on the withdrawing municipality's website.

5820          (16) Unless the withdrawing municipality and first responder district agree otherwise,
5821     conditions that a feasibility study report indicates are necessary to be met for a withdrawal to
5822     be functionally and financially feasible for the withdrawing municipality and first responder
5823     district are binding on the withdrawing municipality and first responder district if the
5824     withdrawal occurs.
5825          Section 104. Section 17B-1-608 is amended to read:
5826          17B-1-608. Tentative budget and data -- Public records -- Notice.
5827          (1) The tentative budget adopted by the board of trustees and all supporting schedules
5828     and data are public records.
5829          (2) At least seven days before adopting a final budget in a public meeting, the local
5830     district shall:
5831          (a) make the tentative budget available for public inspection at the local district's
5832     principal place of business during regular business hours;
5833          (b) [if the local district has a website,] except to the extent provided in Subsection (3),
5834     publish the tentative budget [on the local district's website; and], as a class A notice under
5835     Section 63G-28-102, for at least seven days.
5836          [(c) in accordance with Section 63A-16-601, do one of the following:]
5837          [(i) publish the tentative budget on the Utah Public Notice Website; or]
5838          [(ii) publish on the Utah Public Notice Website a link to a website on which the
5839     tentative budget is published.]
5840          (3) The notice described in this section is exempt from the physical posting
5841     requirement described in Subsection 63G-28-102(1)(c).
5842          Section 105. Section 17B-1-609 is amended to read:
5843          17B-1-609. Hearing to consider adoption -- Notice.
5844          (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
5845          (a) establish the time and place of a public hearing to consider its adoption; and
5846          (b) except as provided in Subsection (6) or (7), order that notice of the hearing[:] be
5847     published for the district, as a class A notice under Section 63G-28-102, for at least seven days
5848     before the day of the hearing.
5849          [(i) be posted in three public places within the district; and]
5850          [(ii) be published at least seven days before the hearing on the Utah Public Notice

5851     Website created in Section 63A-16-601.]
5852          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
5853     required in Subsection (1)(b):
5854          (a) may be combined with the notice required under Section 59-2-919; and
5855          (b) shall be published in accordance with the advertisement provisions of Section
5856     59-2-919.
5857          (3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
5858     notice required in Subsection (1)(b):
5859          (a) may be combined with the notice required under Section 17B-1-643; and
5860          (b) shall be published or mailed in accordance with the notice provisions of Section
5861     17B-1-643.
5862          (4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
5863     prima facie evidence that notice was properly given.
5864          (5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
5865     30 days after the day on which the hearing is held, the notice is adequate and proper.
5866          (6) A board of trustees of a local district with an annual operating budget of less than
5867     $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
5868          (a) mailing a written notice, postage prepaid, to each voter in the local district; and
5869          (b) posting the notice in three public places within the district.
5870          (7) The notice described in this section is exempt from the physical posting
5871     requirement described in Subsection 63G-28-102(1)(c).
5872          Section 106. Section 17B-1-643 is amended to read:
5873          17B-1-643. Imposing or increasing a fee for service provided by local district.
5874          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
5875     by a local district, each local district board of trustees shall first hold a public hearing at which:
5876          (i) the local district shall demonstrate its need to impose or increase the fee; and
5877          (ii) any interested person may speak for or against the proposal to impose a fee or to
5878     increase an existing fee.
5879          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
5880     no earlier than 6 p.m.
5881          (c) A public hearing required under this Subsection (1) may be combined with a public

5882     hearing on a tentative budget required under Section 17B-1-610.
5883          (d) Except to the extent that this section imposes more stringent notice requirements,
5884     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
5885     in holding the public hearing under Subsection (1)(a).
5886          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
5887     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
5888          (b) The local district board shall[:] publish the notice described in Subsection (2)(a) for
5889     the local district, as a class A notice under Section 63G-28-102, for at least 30 days.
5890          [(i) post the notice required under Subsection (2)(a) on the Utah Public Notice
5891     Website, created in Section 63A-16-601; and]
5892          [(ii) post at least one of the notices required under Subsection (2)(a) per 1,000
5893     population within the local district, at places within the local district that are most likely to
5894     provide actual notice to residents within the local district, subject to a maximum of 10 notices.]
5895          (c) The notice described in Subsection (2)(b) shall state that the local district board
5896     intends to impose or increase a fee for a service provided by the local district and will hold a
5897     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
5898     seven days after the day the first notice is published, for the purpose of hearing comments
5899     regarding the proposed imposition or increase of a fee and to explain the reasons for the
5900     proposed imposition or increase.
5901          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
5902     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
5903     within the district who:
5904          (A) will be charged the fee for a district service, if the fee is being imposed for the first
5905     time; or
5906          (B) are being charged a fee, if the fee is proposed to be increased.
5907          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
5908          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
5909     fee.
5910          (e) If the hearing required under this section is combined with the public hearing
5911     required under Section 17B-1-610, the notice required under this Subsection (2):
5912          (i) may be combined with the notice required under Section 17B-1-609; and

5913          (ii) shall be posted or mailed in accordance with the notice provisions of this section.
5914          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
5915     evidence that notice was properly given.
5916          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
5917     within 30 days after the date of the hearing, the notice is considered adequate and proper.
5918          [(3)] (h) After holding a public hearing under Subsection (1), a local district board
5919     may:
5920          [(a)] (i) impose the new fee or increase the existing fee as proposed;
5921          [(b)] (ii) adjust the amount of the proposed new fee or the increase of the existing fee
5922     and then impose the new fee or increase the existing fee as adjusted; or
5923          [(c)] (iii) decline to impose the new fee or increase the existing fee.
5924          [(4)] (i) This section applies to each new fee imposed and each increase of an existing
5925     fee that occurs on or after July 1, 1998.
5926          [(5)] (j) [(a)] (i) This section does not apply to an impact fee.
5927          [(b)] (ii) The imposition or increase of an impact fee is governed by Title 11, Chapter
5928     36a, Impact Fees Act.
5929          Section 107. Section 17B-1-1204 is amended to read:
5930          17B-1-1204. Notice of the hearing on a validation petition -- Amended or
5931     supplemented validation petition.
5932          (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
5933     validation petition, the local district that filed the petition shall [post notice:] publish notice, as
5934     a class A notice under Section 63G-28-102, for at least 21 days before the date of the hearing.
5935          [(a) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
5936     immediately before the hearing; and]
5937          [(b) in the local district's principal office at least 21 days before the date set for the
5938     hearing.]
5939          (2) Each notice under Subsection (1) shall:
5940          (a) state the date, time, and place of the hearing on the validation petition;
5941          (b) include a general description of the contents of the validation petition; and
5942          (c) if applicable, state the location where a complete copy of a contract that is the
5943     subject of the validation petition may be examined.

5944          (3) If a district amends or supplements a validation petition under Subsection
5945     17B-1-1202(3) after publishing and posting notice as required under Subsection (1), the district
5946     is not required to publish or post notice again unless required by the court.
5947          Section 108. Section 17B-1-1307 is amended to read:
5948          17B-1-1307. Notice of public hearing and of dissolution.
5949          (1) Before holding a public hearing required under Section 17B-1-1306, the
5950     administrative body shall[:(a) post] publish notice of the public hearing and of the proposed
5951     dissolution[:] for the local district proposed to be dissolved, as a class B notice under Section
5952     63G-28-102, for 30 days before the day of the public hearing.
5953          [(i) on the Utah Public Notice Website created in Section 63A-16-601, for 30 days
5954     before the public hearing; and]
5955          [(ii) in at least four conspicuous places within the local district proposed to be
5956     dissolved, no less than five and no more than 30 days before the public hearing; or]
5957          [(b) mail a notice to each owner of property located within the local district and to each
5958     registered voter residing within the local district.]
5959          (2) Each notice required under Subsection (1) shall:
5960          (a) identify the local district proposed to be dissolved and the service it was created to
5961     provide; and
5962          (b) state the date, time, and location of the public hearing.
5963          Section 109. Section 17B-2a-705 is amended to read:
5964          17B-2a-705. Taxation -- Additional levy -- Election -- Notice.
5965          (1) If a mosquito abatement district board of trustees determines that the funds required
5966     during the next ensuing fiscal year will exceed the maximum amount that the district is
5967     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
5968     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
5969     the district should be authorized to impose an additional tax to raise the necessary additional
5970     funds.
5971          (2) The board shall provide notice of the election[:] for the district, as a class A notice
5972     under Section 63G-28-102, for at least four weeks before the day of the election.
5973          [(a) (i) by posting one notice, and at least one additional notice per 2,000 population of
5974     the district, in places within the district that are most likely to give notice to the voters in the

5975     district, subject to a maximum of 10 notices; or]
5976          [(ii) at least four weeks before the day of the election, by mailing notice to each
5977     registered voter in the district;]
5978          [(b) by posting notice on the Utah Public Notice Website, created in Section
5979     63A-16-601, for four weeks before the day of the election; and]
5980          [(c) if the district has a website, by posting notice on the district's website for four
5981     weeks before the day of the election.]
5982          (3) No particular form of ballot is required, and no informalities in conducting the
5983     election may invalidate the election, if it is otherwise fairly conducted.
5984          (4) At the election each ballot shall contain the words, "Shall the district be authorized
5985     to impose an additional tax to raise the additional sum of $____?"
5986          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
5987     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
5988     additional levy to raise the additional amount of money required.
5989          Section 110. Section 17B-2a-1007 is amended to read:
5990          17B-2a-1007. Contract assessments -- Notice.
5991          (1) As used in this section:
5992          (a) "Assessed land" means:
5993          (i) for a contract assessment under a water contract with a private water user, the land
5994     owned by the private water user that receives the beneficial use of water under the water
5995     contract; or
5996          (ii) for a contract assessment under a water contract with a public water user, the land
5997     within the boundaries of the public water user that is within the boundaries of the water
5998     conservancy district and that receives the beneficial use of water under the water contract.
5999          (b) "Contract assessment" means an assessment levied as provided in this section by a
6000     water conservancy district on assessed land.
6001          (c) "Governing body" means:
6002          (i) for a county, city, or town, the legislative body of the county, city, or town;
6003          (ii) for a local district, the board of trustees of the local district;
6004          (iii) for a special service district:
6005          (A) the legislative body of the county, city, or town that established the special service

6006     district, if no administrative control board has been appointed under Section 17D-1-301; or
6007          (B) the administrative control board of the special service district, if an administrative
6008     control board has been appointed under Section 17D-1-301; and
6009          (iv) for any other political subdivision of the state, the person or body with authority to
6010     govern the affairs of the political subdivision.
6011          (d) "Petitioner" means a private petitioner or a public petitioner.
6012          (e) "Private petitioner" means an owner of land within a water conservancy district
6013     who submits a petition to a water conservancy district under Subsection (3) to enter into a
6014     water contract with the district.
6015          (f) "Private water user" means an owner of land within a water conservancy district
6016     who enters into a water contract with the district.
6017          (g) "Public petitioner" means a political subdivision of the state:
6018          (i) whose territory is partly or entirely within the boundaries of a water conservancy
6019     district; and
6020          (ii) that submits a petition to a water conservancy district under Subsection (3) to enter
6021     into a water contract with the district.
6022          (h) "Public water user" means a political subdivision of the state:
6023          (i) whose territory is partly or entirely within the boundaries of a water conservancy
6024     district; and
6025          (ii) that enters into a water contract with the district.
6026          (i) "Water contract" means a contract between a water conservancy district and a
6027     private water user or a public water user under which the water user purchases, leases, or
6028     otherwise acquires the beneficial use of water from the water conservancy district for the
6029     benefit of:
6030          (i) land owned by the private water user; or
6031          (ii) land within the public water user's boundaries that is also within the boundaries of
6032     the water conservancy district.
6033          (j) "Water user" means a private water user or a public water user.
6034          (2) A water conservancy district may levy a contract assessment as provided in this
6035     section.
6036          (3) (a) The governing body of a public petitioner may authorize its chief executive

6037     officer to submit a written petition on behalf of the public petitioner to a water conservancy
6038     district requesting to enter into a water contract.
6039          (b) A private petitioner may submit a written petition to a water conservancy district
6040     requesting to enter into a water contract.
6041          (c) Each petition under this Subsection (3) shall include:
6042          (i) the petitioner's name;
6043          (ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
6044          (iii) a description of the land upon which the water will be used;
6045          (iv) the price to be paid for the water;
6046          (v) the amount of any service, turnout, connection, distribution system, or other charge
6047     to be paid;
6048          (vi) whether payment will be made in cash or annual installments;
6049          (vii) a provision requiring the contract assessment to become a lien on the land for
6050     which the water is petitioned and is to be allotted; and
6051          (viii) an agreement that the petitioner is bound by the provisions of this part and the
6052     rules and regulations of the water conservancy district board of trustees.
6053          (4) (a) If the board of a water conservancy district desires to consider a petition
6054     submitted by a petitioner under Subsection (3), the board shall:
6055          (i) [post] provide notice of the petition and of the hearing required under Subsection
6056     (4)(a)(ii) [on the Utah Public Notice Website, created in Section 63A-16-601,] for the water
6057     conservancy district, as a class A notice under Section 63G-28-102, for at least two successive
6058     weeks immediately before the date of the hearing; and
6059          (ii) hold a public hearing on the petition.
6060          (b) Each notice under Subsection (4)(a)(i) shall:
6061          (i) state that a petition has been filed and that the district is considering levying a
6062     contract assessment; and
6063          (ii) give the date, time, and place of the hearing required under Subsection (4)(a)(ii).
6064          (c) (i) At each hearing required under Subsection (4)(a)(ii), the board of trustees of the
6065     water conservancy district shall:
6066          (A) allow any interested person to appear and explain why the petition should not be
6067     granted; and

6068          (B) consider each written objection to the granting of the petition that the board
6069     receives before or at the hearing.
6070          (ii) The board of trustees may adjourn and reconvene the hearing as the board
6071     considers appropriate.
6072          (d) (i) Any interested person may file with the board of the water conservancy district,
6073     at or before the hearing under Subsection (4)(a)(ii), a written objection to the district's granting
6074     a petition.
6075          (ii) Each person who fails to submit a written objection within the time provided under
6076     Subsection (4)(d)(i) is considered to have consented to the district's granting the petition and
6077     levying a contract assessment.
6078          (5) After holding a public hearing as required under Subsection (4)(a)(ii), the board of
6079     trustees of a water conservancy district may:
6080          (a) deny the petition; or
6081          (b) grant the petition, if the board considers granting the petition to be in the best
6082     interests of the district.
6083          (6) The board of a water conservancy district that grants a petition under this section
6084     may:
6085          (a) make an allotment of water for the benefit of assessed land;
6086          (b) authorize any necessary construction to provide for the use of water upon the terms
6087     and conditions stated in the water contract;
6088          (c) divide the district into units and fix a different rate for water purchased or otherwise
6089     acquired and for other charges within each unit, if the rates and charges are equitable, although
6090     not equal and uniform, for similar classes of services throughout the district; and
6091          (d) levy a contract assessment on assessed land.
6092          (7) (a) The board of trustees of each water conservancy district that levies a contract
6093     assessment under this section shall:
6094          (i) cause a certified copy of the resolution, ordinance, or order levying the assessment
6095     to be recorded in the office of the recorder of each county in which assessed land is located;
6096     and
6097          (ii) on or before July 1 of each year after levying the contract assessment, certify to the
6098     auditor of each county in which assessed land is located the amount of the contract assessment.

6099          (b) Upon the recording of the resolution, ordinance, or order, in accordance with
6100     Subsection (7)(a)(i):
6101          (i) the contract assessment associated with allotting water to the assessed land under
6102     the water contract becomes a political subdivision lien, as that term is defined in Section
6103     11-60-102, on the assessed land, in accordance with Title 11, Chapter 60, Political Subdivision
6104     Lien Authority, as of the effective date of the resolution, ordinance, or order; and
6105          (ii) (A) the board of trustees of the water conservancy district shall certify the amount
6106     of the assessment to the county treasurer; and
6107          (B) the county treasurer shall include the certified amount on the property tax notice
6108     required by Section 59-2-1317 for that year.
6109          (c) (i) Each county in which assessed land is located shall collect the contract
6110     assessment in the same manner as taxes levied by the county.
6111          (ii) If the amount of a contract assessment levied under this section is not paid in full in
6112     a given year:
6113          (A) by September 15, the governing body of the water conservancy district that levies
6114     the contract assessment shall certify any unpaid amount to the treasurer of the county in which
6115     the property is located; and
6116          (B) the county treasurer shall include the certified amount on the property tax notice
6117     required by Section 59-2-1317 for that year.
6118          (8) (a) The board of trustees of each water conservancy district that levies a contract
6119     assessment under this section shall:
6120          (i) hold a public hearing, before August 8 of each year in which a contract assessment
6121     is levied, to hear and consider objections filed under Subsection (8)(b); and
6122          (ii) [post] publish a notice:
6123          (A) [on the Utah Public Notice Website, created in Section 63A-16-601,] for the water
6124     conservancy district, as a class A notice under Section 63G-28-102, for at least the two
6125     consecutive weeks before the day of the public hearing; and
6126          (B) that contains a general description of the assessed land, the amount of the contract
6127     assessment, and the time and place of the public hearing under Subsection (8)(a)(i).
6128          (b) An owner of assessed land within the water conservancy district who believes that
6129     the contract assessment on the owner's land is excessive, erroneous, or illegal may, before the

6130     hearing under Subsection (8)(a)(i), file with the board of trustees a verified, written objection to
6131     the assessment, stating the grounds for the objection.
6132          (c) (i) At each hearing under Subsection (8)(a)(i), the board of trustees shall hear and
6133     consider the evidence and arguments supporting each objection.
6134          (ii) After hearing and considering the evidence and arguments supporting an objection,
6135     the board of trustees:
6136          (A) shall enter a written order, stating its decision; and
6137          (B) may modify the assessment.
6138          (d) (i) An owner of assessed land may file a petition in district court seeking review of
6139     a board of trustees' order under Subsection (8)(c)(ii)(A).
6140          (ii) Each petition under Subsection (8)(d)(i) shall:
6141          (A) be filed within 30 days after the board enters its written order;
6142          (B) state specifically the part of the board's order for which review is sought; and
6143          (C) be accompanied by a bond with good and sufficient security in an amount not
6144     exceeding $200, as determined by the court clerk.
6145          (iii) If more than one owner of assessed land seeks review, the court may, upon a
6146     showing that the reviews may be consolidated without injury to anyone's interests, consolidate
6147     the reviews and hear them together.
6148          (iv) The court shall act as quickly as possible after a petition is filed.
6149          (v) A court may not disturb a board of trustees' order unless the court finds that the
6150     contract assessment on the petitioner's assessed land is manifestly disproportionate to
6151     assessments imposed upon other land in the district.
6152          (e) If no petition under Subsection (8)(d) is timely filed, the contract assessment is
6153     conclusively considered to have been made in proportion to the benefits conferred on the land
6154     in the district.
6155          (9) Each resolution, ordinance, or order under which a water conservancy district
6156     levied a Class B, Class C, or Class D assessment before April 30, 2007, under the law in effect
6157     at the time of the levy is validated, ratified, and confirmed, and a water conservancy district
6158     may continue to levy the assessment according to the terms of the resolution, ordinance, or
6159     order.
6160          (10) A contract assessment is not a levy of an ad valorem property tax and is not

6161     subject to the limits stated in Section 17B-2a-1006.
6162          Section 111. Section 17B-2a-1110 is amended to read:
6163          17B-2a-1110. Withdrawal from a municipal services district upon incorporation
6164     -- Feasibility study required for city or town withdrawal -- Public hearing -- Notice --
6165     Revenues transferred to municipal services district.
6166          (1) (a) A municipality may withdraw from a municipal services district in accordance
6167     with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
6168          (b) If a municipality engages a feasibility consultant to conduct a feasibility study
6169     under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)(B) is tolled
6170     from the day that the municipality engages the feasibility consultant to the day on which the
6171     municipality holds the final public hearing under Subsection (5).
6172          (2) (a) If a municipality decides to withdraw from a municipal services district, the
6173     municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
6174     17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
6175          (b) The feasibility consultant shall be chosen:
6176          (i) by the municipal legislative body; and
6177          (ii) in accordance with applicable municipal procurement procedures.
6178          (3) The municipal legislative body shall require the feasibility consultant to:
6179          (a) complete the feasibility study and submit the written results to the municipal
6180     legislative body before the council adopts a resolution under Section 17B-1-502;
6181          (b) submit with the full written results of the feasibility study a summary of the results
6182     no longer than one page in length; and
6183          (c) attend the public hearings under Subsection (5).
6184          (4) (a) The feasibility study shall consider:
6185          (i) population and population density within the withdrawing municipality;
6186          (ii) current and five-year projections of demographics and economic base in the
6187     withdrawing municipality, including household size and income, commercial and industrial
6188     development, and public facilities;
6189          (iii) projected growth in the withdrawing municipality during the next five years;
6190          (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
6191     including overhead, of municipal services in the withdrawing municipality;

6192          (v) assuming the same tax categories and tax rates as currently imposed by the
6193     municipal services district and all other current service providers, the present and five-year
6194     projected revenue for the withdrawing municipality;
6195          (vi) a projection of any new taxes per household that may be levied within the
6196     withdrawing municipality within five years of the withdrawal; and
6197          (vii) the fiscal impact on other municipalities serviced by the municipal services
6198     district.
6199          (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
6200     level and quality of municipal services to be provided to the withdrawing municipality in the
6201     future that fairly and reasonably approximates the level and quality of municipal services being
6202     provided to the withdrawing municipality at the time of the feasibility study.
6203          (ii) In determining the present cost of a municipal service, the feasibility consultant
6204     shall consider:
6205          (A) the amount it would cost the withdrawing municipality to provide municipal
6206     services for the first five years after withdrawing; and
6207          (B) the municipal services district's present and five-year projected cost of providing
6208     municipal services.
6209          (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
6210     and anticipated growth.
6211          (5) If the results of the feasibility study meet the requirements of Subsection (4), the
6212     municipal legislative body shall, at its next regular meeting after receipt of the results of the
6213     feasibility study, schedule at least one public hearing to be held:
6214          (a) within the following 60 days; and
6215          (b) for the purpose of allowing:
6216          (i) the feasibility consultant to present the results of the study; and
6217          (ii) the public to become informed about the feasibility study results, including the
6218     requirement that if the municipality withdraws from the municipal services district, the
6219     municipality must comply with Subsection (9), and to ask questions about those results of the
6220     feasibility consultant.
6221          (6) At a public hearing described in Subsection (5), the municipal legislative body
6222     shall:

6223          (a) provide a copy of the feasibility study for public review; and
6224          (b) allow the public to express its views about the proposed withdrawal from the
6225     municipal services district.
6226          (7) (a) The municipal clerk or recorder shall publish notice of the public hearings
6227     required under Subsection (5)[:] for the municipality, as a class A notice under Section
6228     63G-28-102, for at least three weeks before the day of the first hearing described in Subsection
6229     (5).
6230          [(i) by posting the notice on the Utah Public Notice Website created in Section
6231     63A-16-601, for three weeks; and]
6232          [(ii) by posting at least one notice of the hearings per 1,000 population in conspicuous
6233     places within the municipality that are most likely to give notice of the hearings to the
6234     residents.]
6235          [(b) The municipal clerk or recorder shall post the notices under Subsection (7)(a)(ii) at
6236     least seven days before the first hearing under Subsection (5).]
6237          [(c)] (b) The notice under Subsection (7)(a) shall include the feasibility study summary
6238     and shall indicate that a full copy of the study is available for inspection and copying at the
6239     office of the municipal clerk or recorder.
6240          (8) At a public meeting held after the public hearing required under Subsection (5), the
6241     municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
6242     applicable, if the municipality is in compliance with the other requirements of that section.
6243          (9) The municipality shall pay revenues in excess of 5% to the municipal services
6244     district for 10 years beginning on the next fiscal year immediately following the municipal
6245     legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
6246     or 17B-1-505 if the results of the feasibility study show that the average annual amount of
6247     revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
6248     (4)(a)(iv) by more than 5%.
6249          Section 112. Section 17C-1-207 is amended to read:
6250          17C-1-207. Public entities may assist with project area development -- Notice
6251     requirements.
6252          (1) In order to assist and cooperate in the planning, undertaking, construction, or
6253     operation of project area development within an area in which the public entity is authorized to

6254     act, a public entity may:
6255          (a) (i) provide or cause to be furnished:
6256          (A) parks, playgrounds, or other recreational facilities;
6257          (B) community, educational, water, sewer, or drainage facilities; or
6258          (C) any other works which the public entity is otherwise empowered to undertake;
6259          (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
6260     replan streets, roads, roadways, alleys, sidewalks, or other places;
6261          (iii) in any part of the project area:
6262          (A) (I) plan or replan any property within the project area;
6263          (II) plat or replat any property within the project area;
6264          (III) vacate a plat;
6265          (IV) amend a plat; or
6266          (V) zone or rezone any property within the project area; and
6267          (B) make any legal exceptions from building regulations and ordinances;
6268          (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
6269     rights of any holder of the bonds;
6270          (v) notwithstanding any law to the contrary, enter into an agreement for a period of
6271     time with another public entity concerning action to be taken pursuant to any of the powers
6272     granted in this title;
6273          (vi) do anything necessary to aid or cooperate in the planning or implementation of the
6274     project area development;
6275          (vii) in connection with the project area plan, become obligated to the extent
6276     authorized and funds have been made available to make required improvements or construct
6277     required structures; and
6278          (viii) lend, grant, or contribute funds to an agency for project area development or
6279     proposed project area development, including assigning revenue or taxes in support of an
6280     agency bond or obligation; and
6281          (b) for less than fair market value or for no consideration, and subject to Subsection
6282     (3):
6283          (i) purchase or otherwise acquire property from an agency;
6284          (ii) lease property from an agency;

6285          (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
6286     an agency; or
6287          (iv) lease the public entity's property to an agency.
6288          (2) The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:
6289          (a) project area development assistance that a public entity provides under this section;
6290     or
6291          (b) a transfer of funds or property from an agency to a public entity.
6292          (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
6293     than 15 days after the day on which the public entity [posts] completes the requirements for
6294     publishing notice of the assistance [on:] for the public entity's jurisdiction, as a class A notice
6295     under Section 63G-28-102, for at least 15 days.
6296          [(a) the Utah Public Notice Website described in Section 63A-16-601; and]
6297          [(b) the public entity's public website.]
6298          Section 113. Section 17C-1-601.5 is amended to read:
6299          17C-1-601.5. Annual agency budget -- Fiscal year -- Public hearing required --
6300     Notice -- Auditor forms -- Requirement to file form.
6301          (1) Each agency shall prepare an annual budget of the agency's revenues and
6302     expenditures for each fiscal year.
6303          (2) The board shall adopt each agency budget:
6304          (a) for an agency created by a municipality, before June 30; or
6305          (b) for an agency created by a county, before December 15.
6306          (3) The agency's fiscal year shall be the same as the fiscal year of the community that
6307     created the agency.
6308          (4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
6309     annual budget.
6310          (b) Each agency shall provide notice of the public hearing on the annual budget [by:]
6311     for the agency's jurisdiction, as a class A notice under Section 63G-28-102, for at least one
6312     week before the day of the public hearing.
6313          [(i) posting a notice of the public hearing in at least three public places within the
6314     agency boundaries; and]
6315          [(ii) publishing notice on the Utah Public Notice Website created in Section

6316     63A-16-601, at least one week before the public hearing.]
6317          (c) Each agency shall make the annual budget available for public inspection at least
6318     three days before the date of the public hearing.
6319          (5) The state auditor shall prescribe the budget forms and the categories to be contained
6320     in each annual budget, including:
6321          (a) revenues and expenditures for the budget year;
6322          (b) legal fees; and
6323          (c) administrative costs, including rent, supplies, and other materials, and salaries of
6324     agency personnel.
6325          (6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
6326     the annual budget with the auditor of the county in which the agency is located, the State Tax
6327     Commission, the state auditor, the State Board of Education, and each taxing entity from which
6328     the agency receives project area funds.
6329          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
6330     state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
6331     state auditor.
6332          Section 114. Section 17C-1-701.5 is amended to read:
6333          17C-1-701.5. Agency dissolution -- Restrictions -- Notice -- Recording
6334     requirements -- Agency records -- Dissolution expenses.
6335          (1) (a) Subject to Subsection (1)(b), the community legislative body may, by ordinance,
6336     dissolve an agency.
6337          (b) A community legislative body may adopt an ordinance described in Subsection
6338     (1)(a) only if the agency has no outstanding bonded indebtedness, other unpaid loans,
6339     indebtedness, or advances, and no legally binding contractual obligations with a person other
6340     than the community.
6341          (2) (a) The community legislative body shall:
6342          (i) within 10 days after adopting an ordinance described in Subsection (1), file with the
6343     lieutenant governor a copy of a notice of an impending boundary action, as defined in Section
6344     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
6345          (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
6346     67-1a-6.5, submit to the recorder of the county in which the agency is located:

6347          (A) the original notice of an impending boundary action;
6348          (B) the original certificate of dissolution; and
6349          (C) a certified copy of the ordinance that dissolves the agency.
6350          (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
6351     Section 67-1a-6.5, the agency is dissolved.
6352          (c) Within 10 days after receiving the certificate of dissolution from the lieutenant
6353     governor under Section 67-1a-6.5, the community legislative body shall send a copy of the
6354     certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
6355     Education, and each taxing entity.
6356          (d) The community legislative body shall post a notice of dissolution [on the Utah
6357     Public Notice Website created in Section 63A-16-601] for the community, as a class A notice
6358     under Section 63G-28-102, for at least 10 days.
6359          (3) The books, documents, records, papers, and seal of each dissolved agency shall be
6360     deposited for safekeeping and reference with the recorder of the community that dissolved the
6361     agency.
6362          (4) The agency shall pay all expenses of the dissolution.
6363          Section 115. Section 17C-1-804 is amended to read:
6364          17C-1-804. Notice required for continued hearing.
6365          The board shall give notice of a hearing continued under Section 17C-1-803 by
6366     announcing at the hearing:
6367          (1) the date, time, and place the hearing will be resumed; or
6368          (2) (a) that the hearing is being continued to a later time; and
6369          (b) that the board will cause a notice of the continued hearing to be published [on the
6370     Utah Public Notice Website created in Section 63A-16-601,] for the community, as a class A
6371     notice under Section 63G-28-102, for at least seven days before the day on which the hearing is
6372     scheduled to resume.
6373          Section 116. Section 17C-1-806 is amended to read:
6374          17C-1-806. Requirements for notice provided by agency.
6375          (1) The notice required by Section 17C-1-805 shall be given by:
6376          (a) publishing notice for the county, as a class A notice under Section 63G-28-102, for
6377     at least 14 days before the day on which the hearing is held; and


6378          [(a) (i) posting notice at least 14 days before the day of the hearing in at least three
6379     conspicuous places within the county in which the project area or proposed project area is
6380     located; or]
6381          [(ii) posting notice, excluding the map described in Subsection (3)(b), at least 14 days
6382     before the day on which the hearing is held on:]
6383          [(A) the Utah Public Notice Website described in Section 63A-16-601; and]
6384          [(B) the public website of a community located within the boundaries of the project
6385     area; and]
6386          (b) at least 30 days before the hearing, mailing notice to:
6387          (i) each record owner of property located within the project area or proposed project
6388     area;
6389          (ii) the State Tax Commission;
6390          (iii) the assessor and auditor of the county in which the project area or proposed project
6391     area is located; and
6392          (iv) (A) if a project area is subject to a taxing entity committee, each member of the
6393     taxing entity committee and the State Board of Education; or
6394          (B) if a project area is not subject to a taxing entity committee, the legislative body or
6395     governing board of each taxing entity within the boundaries of the project area or proposed
6396     project area.
6397          (2) The mailing of the notice to record property owners required under Subsection
6398     (1)(b)(i) shall be conclusively considered to have been properly completed if:
6399          (a) the agency mails the notice to the property owners as shown in the records,
6400     including an electronic database, of the county recorder's office and at the addresses shown in
6401     those records; and
6402          (b) the county recorder's office records used by the agency in identifying owners to
6403     whom the notice is mailed and their addresses were obtained or accessed from the county
6404     recorder's office no earlier than 30 days before the mailing.
6405          (3) The agency shall include in each notice required under Section 17C-1-805:
6406          (a) (i) a boundary description of the project area or proposed project area; or
6407          (ii) (A) a mailing address or telephone number where a person may request that a copy
6408     of the boundary description be sent at no cost to the person by mail, email, or facsimile

6409     transmission; and
6410          (B) if the agency or community has an Internet website, an Internet address where a
6411     person may gain access to an electronic, printable copy of the boundary description and other
6412     related information;
6413          (b) a map of the boundaries of the project area or proposed project area;
6414          (c) an explanation of the purpose of the hearing; and
6415          (d) a statement of the date, time, and location of the hearing.
6416          (4) The agency shall include in each notice under Subsection (1)(b):
6417          (a) a statement that property tax revenue resulting from an increase in valuation of
6418     property within the project area or proposed project area will be paid to the agency for project
6419     area development rather than to the taxing entity to which the tax revenue would otherwise
6420     have been paid if:
6421          (i) (A) the taxing entity committee consents to the project area budget; or
6422          (B) one or more taxing entities agree to share property tax revenue under an interlocal
6423     agreement; and
6424          (ii) the project area plan provides for the agency to receive tax increment; and
6425          (b) an invitation to the recipient of the notice to submit to the agency comments
6426     concerning the subject matter of the hearing before the date of the hearing.
6427          (5) An agency may include in a notice under Subsection (1) any other information the
6428     agency considers necessary or advisable, including the public purpose achieved by the project
6429     area development and any future tax benefits expected to result from the project area
6430     development.
6431          Section 117. Section 17C-1-1003 is amended to read:
6432          17C-1-1003. Interlocal agreement -- Notice requirements -- Effective date.
6433          (1) An agency that enters into an interlocal agreement under Section 17C-1-1002 shall:
6434          (a) adopt the interlocal agreement at an open and public meeting; and
6435          (b) provide a notice, in accordance with Subsections (2) and (3), titled "Authorization
6436     to Levy a Property Tax."
6437          (2) Upon the execution of an interlocal agreement, the agency shall provide, subject to
6438     Subsection (3), notice of the execution by[:] publishing the notice for the agency's jurisdiction,
6439     as a class A notice under Section 63G-28-102, for at least 14 days.

6440          [(a) (i) publishing the notice in a newspaper of general circulation within the agency's
6441     geographic boundaries; or]
6442          [(ii) if there is no newspaper of general circulation within the agency's geographic
6443     boundaries, posting the notice in at least three public places within the agency's geographic
6444     boundaries; and]
6445          [(b) posting the notice on the Utah Public Notice Website created in Section
6446     63A-16-601.]
6447          (3) A notice described in Subsection (2) shall include:
6448          (a) a summary of the interlocal agreement; and
6449          (b) a statement that the interlocal agreement:
6450          (i) is available for public inspection and the place and the hours for inspection; and
6451          (ii) authorizes the agency to:
6452          (A) receive all or a portion of a taxing entity's project area incremental revenue; and
6453          (B) levy a property tax on taxable property within the agency's boundaries.
6454          (4) An interlocal agreement described in Section 17C-1-1002 is effective the day on
6455     which the notice is published or posted in accordance with Subsections (2) and (3).
6456          (5) An eligible taxing entity that enters into an interlocal agreement under Section
6457     17C-1-1002 shall make a copy of the interlocal agreement available to the public for inspecting
6458     and copying at the eligible taxing entity's office during normal business hours.
6459          Section 118. Section 17C-2-108 is amended to read:
6460          17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
6461     of plan -- Contesting the formation of the plan.
6462          (1) (a) Upon the community legislative body's adoption of an urban renewal project
6463     area plan, or an amendment to a project area plan under Section 17C-2-110, the community
6464     legislative body shall provide notice as provided in Subsection (1)(b) by[:] publishing notice
6465     for the agency's jurisdiction, as a class A notice under Section 63G-28-102, for at least 30 days.
6466          [(i) causing a notice to be posted in at least three public places within the agency's
6467     boundaries; and]
6468          [(ii) posting a notice on the Utah Public Notice Website described in Section
6469     63A-16-601.]
6470          (b) Each notice under Subsection (1)(a) shall:

6471          (i) set forth the community legislative body's ordinance adopting the project area plan
6472     or a summary of the ordinance; and
6473          (ii) include a statement that the project area plan is available for general public
6474     inspection and the hours for inspection.
6475          (2) The project area plan shall become effective [on the date of:] at the end of the
6476     30-day period described in Subsection (1)(a).
6477          [(a) if notice was published under Subsection (1)(a), publication of the notice; or]
6478          [(b) if notice was posted under Subsection (1)(a), posting of the notice.]
6479          (3) (a) For a period of 30 days after the effective date of the project area plan under
6480     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
6481     project area plan if the plan or procedure fails to comply with applicable statutory
6482     requirements.
6483          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
6484     the project area plan or procedure used to adopt the project area plan for any cause.
6485          (4) Upon adoption of the project area plan by the community legislative body, the
6486     agency may carry out the project area plan.
6487          (5) Each agency shall make the project area plan available to the general public at the
6488     agency's office during normal business hours.
6489          Section 119. Section 17C-3-107 is amended to read:
6490          17C-3-107. Notice of economic development project area plan adoption --
6491     Effective date of plan -- Contesting the formation of the plan.
6492          (1) (a) Upon the community legislative body's adoption of an economic development
6493     project area plan, or an amendment to the project area plan under Section 17C-3-109 that
6494     requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by[:]
6495     publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-28-102,
6496     for at least 30 days.
6497          [(i) causing a notice to be posted in at least three public places within the agency's
6498     boundaries; and]
6499          [(ii) posting a notice on the Utah Public Notice Website described in Section
6500     63A-16-601.]
6501          (b) Each notice under Subsection (1)(a) shall:

6502          (i) set forth the community legislative body's ordinance adopting the project area plan
6503     or a summary of the ordinance; and
6504          (ii) include a statement that the project area plan is available for public inspection and
6505     the hours for inspection.
6506          (2) The project area plan shall become effective [on the date of:] at the end of the
6507     30-day period described in Subsection (1)(a).
6508          [(a) if notice was published under Subsection (1)(a), publication of the notice; or]
6509          [(b) if notice was posted under Subsection (1)(a), posting of the notice.]
6510          (3) (a) For a period of 30 days after the effective date of the project area plan under
6511     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
6512     project area plan if the plan or procedure fails to comply with applicable statutory
6513     requirements.
6514          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
6515     the project area plan or procedure used to adopt the project area plan for any cause.
6516          (4) Upon adoption of the economic development project area plan by the community
6517     legislative body, the agency may implement the project area plan.
6518          (5) Each agency shall make the economic development project area plan available to
6519     the general public at the agency's office during normal business hours.
6520          Section 120. Section 17C-4-106 is amended to read:
6521          17C-4-106. Notice of community development project area plan adoption --
6522     Effective date of plan -- Contesting the formation of the plan.
6523          (1) (a) Upon the community legislative body's adoption of a community development
6524     project area plan, the community legislative body shall provide notice as provided in
6525     Subsection (1)(b) by[:] publishing notice for the agency's jurisdiction, as a class A notice under
6526     Section 63G-28-102, for at least 30 days.
6527          [(i) causing a notice to be posted in at least three public places within the agency's
6528     boundaries; and]
6529          [(ii) posting a notice or causing a notice to be posted on the Utah Public Notice
6530     Website created in Section 63A-16-601.]
6531          (b) Each notice under Subsection (1)(a) shall:
6532          (i) set forth the community legislative body's ordinance adopting the community

6533     development project area plan or a summary of the ordinance; and
6534          (ii) include a statement that the project area plan is available for general public
6535     inspection and the hours for inspection.
6536          (2) The community development project area plan shall become effective [on the date
6537     of the posting of the notice under Subsection (1)(a)] at the end of the 30-day period described
6538     in Subsection (1)(a).
6539          (3) (a) For a period of 30 days after the effective date of the community development
6540     project area plan under Subsection (2), any person may contest the project area plan or the
6541     procedure used to adopt the project area plan if the plan or procedure fails to comply with
6542     applicable statutory requirements.
6543          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
6544     the community development project area plan or procedure used to adopt the project area plan
6545     for any cause.
6546          (4) Upon adoption of the community development project area plan by the community
6547     legislative body, the agency may carry out the project area plan.
6548          (5) Each agency shall make the adopted project area plan available to the public at the
6549     agency's office during normal business hours.
6550          Section 121. Section 17C-4-109 is amended to read:
6551          17C-4-109. Expedited community development project area plan -- Notice.
6552          (1) As used in this section, "tax increment incentive" means the portion of tax
6553     increment awarded to an industry or business.
6554          (2) A community development project area plan may be adopted or amended without
6555     complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
6556     Hearing and Notice Requirements, if the following requirements are met:
6557          (a) the agency determines by resolution adopted in an open and public meeting the
6558     need to create or amend a project area plan on an expedited basis, which resolution shall
6559     include a description of why expedited action is needed;
6560          (b) a public hearing on the amendment or adoption of the project area plan is held by
6561     the agency;
6562          (c) notice of the public hearing is published at least 14 days before the day of the public
6563     hearing [on:] for the community that created the agency, as a class A notice under Section

6564     63G-28-102, for at least 14 days;
6565          [(i) the website of the community that created the agency; and]
6566          [(ii) the Utah Public Notice Website created in Section 63A-16-601;]
6567          (d) written consent to the amendment or adoption of the project area plan is given by
6568     all record property owners within the existing or proposed project area;
6569          (e) each taxing entity that will be affected by the tax increment incentive enters into or
6570     amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
6571     Act, and Sections 17C-4-201, 17C-4-203, and 17C-4-204;
6572          (f) the primary market for the goods or services that will be created by the industry or
6573     business entity that will receive a tax increment incentive from the amendment or adoption of
6574     the project area plan is outside of the state;
6575          (g) the industry or business entity that will receive a tax increment incentive from the
6576     amendment or adoption of the project area plan is not primarily engaged in retail trade; and
6577          (h) a tax increment incentive is only provided to an industry or business entity:
6578          (i) on a postperformance basis as described in Subsection (3); and
6579          (ii) on an annual basis after the tax increment is received by the agency.
6580          (3) An industry or business entity may only receive a tax increment incentive under this
6581     section after entering into an agreement with the agency that sets postperformance targets that
6582     shall be met before the industry or business entity may receive the tax increment incentive,
6583     including annual targets for:
6584          (a) capital investment in the project area;
6585          (b) the increase in the taxable value of the project area;
6586          (c) the number of new jobs created in the project area;
6587          (d) the average wages of the jobs created, which shall be at least 110% of the
6588     prevailing wage of the county where the project area is located; and
6589          (e) the amount of local vendor opportunity generated by the industry or business entity.
6590          Section 122. Section 17C-4-202 is amended to read:
6591          17C-4-202. Resolution or interlocal agreement to provide project area funds for
6592     the community development project area plan -- Notice -- Effective date of resolution or
6593     interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
6594     of resolution or interlocal agreement.

6595          (1) The approval and adoption of each resolution or interlocal agreement under
6596     Subsection 17C-4-201(2) shall be in an open and public meeting.
6597          (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
6598     17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by[:] publishing
6599     notice for the agency's jurisdiction, as a class A notice under Section 63G-28-102, for 30 days.
6600          [(i) causing a notice to be posted in at least three public places within the agency's
6601     boundaries; and]
6602          [(ii) posting or causing to be posted a notice on the Utah Public Notice Website created
6603     in Section 63A-16-601.]
6604          (b) Each notice under Subsection (2)(a) shall:
6605          (i) set forth a summary of the resolution or interlocal agreement; and
6606          (ii) include a statement that the resolution or interlocal agreement is available for
6607     public inspection and the hours of inspection.
6608          (3) The resolution or interlocal agreement shall become effective [on the date of the
6609     posting of the notice under Subsection (2)(a)] at the end of the 30-day period described in
6610     Subsection (2)(a).
6611          (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
6612     agreement under Subsection (3), any person may contest the resolution or interlocal agreement
6613     or the procedure used to adopt the resolution or interlocal agreement if the resolution or
6614     interlocal agreement or procedure fails to comply with applicable statutory requirements.
6615          (b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
6616          (i) the resolution or interlocal agreement;
6617          (ii) a distribution of tax increment to the agency under the resolution or interlocal
6618     agreement; or
6619          (iii) the agency's use of project area funds under the resolution or interlocal agreement.
6620          (5) Each agency that is to receive project area funds under a resolution or interlocal
6621     agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters
6622     into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal
6623     agreement, as the case may be, available at the taxing entity's offices to the public for
6624     inspection and copying during normal business hours.
6625          Section 123. Section 17C-5-110 is amended to read:

6626          17C-5-110. Notice of community reinvestment project area plan adoption --
6627     Effective date of plan -- Contesting the formation of the plan.
6628          (1) (a) Upon a community legislative body's adoption of a community reinvestment
6629     project area plan in accordance with Section 17C-5-109, or an amendment to a community
6630     reinvestment project area plan in accordance with Section 17C-5-112, the community
6631     legislative body shall provide notice of the adoption or amendment in accordance with
6632     Subsection (1)(b) by[:] publishing notice for the community, as a class A notice under Section
6633     63G-28-102, for 30 days.
6634          [(i) causing a notice to be posted in at least three public places within the community;
6635     and]
6636          [(ii) posting a notice on the Utah Public Notice Website described in Section
6637     63A-16-601.]
6638          (b) A notice described in Subsection (1)(a) shall include:
6639          (i) a copy of the community legislative body's ordinance, or a summary of the
6640     ordinance, that adopts the community reinvestment project area plan; and
6641          (ii) a statement that the community reinvestment project area plan is available for
6642     public inspection and the hours for inspection.
6643          (2) A community reinvestment project area plan is effective [on the day on which
6644     notice of adoption is published or posted in accordance with Subsection (1)(a)] at the end of the
6645     30-day period described in Subsection (1)(a).
6646          (3) A community reinvestment project area is considered created the day on which the
6647     community reinvestment project area plan becomes effective as described in Subsection (2).
6648          (4) (a) Within 30 days after the day on which a community reinvestment project area
6649     plan is effective, a person may contest the community reinvestment project area plan or the
6650     procedure used to adopt the community reinvestment project area plan if the community
6651     reinvestment project area plan or the procedure fails to comply with a provision of this title.
6652          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
6653     contest the community reinvestment project area plan or the procedure used to adopt the
6654     community reinvestment project area plan.
6655          (5) Upon adoption of a community reinvestment project area plan by the community
6656     legislative body, the agency may implement the community reinvestment project area plan.

6657          (6) The agency shall make the community reinvestment project area plan available to
6658     the public at the agency's office during normal business hours.
6659          Section 124. Section 17C-5-113 is amended to read:
6660          17C-5-113. Expedited community reinvestment project area plan -- Hearing and
6661     notice requirements.
6662          (1) As used in this section:
6663          (a) "Qualified business entity" means a business entity that:
6664          (i) has a primary market for the qualified business entity's goods or services outside of
6665     the state; and
6666          (ii) is not primarily engaged in retail sales.
6667          (b) "Tax increment incentive" means the portion of an agency's tax increment that is
6668     paid to a qualified business entity for the purpose of implementing a community reinvestment
6669     project area plan.
6670          (2) An agency and a qualified business entity may, in accordance with Subsection (3),
6671     enter into an agreement that allows the qualified business entity to receive a tax increment
6672     incentive.
6673          (3) An agreement described in Subsection (2) shall set annual postperformance targets
6674     for:
6675          (a) capital investment within the community reinvestment project area;
6676          (b) the number of new jobs created within the community reinvestment project area;
6677          (c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
6678     the prevailing wage of the county within which the community reinvestment project area is
6679     located; and
6680          (d) the amount of local vendor opportunity generated by the qualified business entity.
6681          (4) A qualified business entity may only receive a tax increment incentive:
6682          (a) if the qualified business entity complies with the agreement described in Subsection
6683     (3);
6684          (b) on a postperformance basis; and
6685          (c) on an annual basis after the agency receives tax increment from a taxing entity.
6686          (5) An agency may create or amend a community reinvestment project area plan for the
6687     purpose of providing a tax increment incentive without complying with the requirements

6688     described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
6689          (a) the agency:
6690          (i) holds a public hearing to consider the need to create or amend a community
6691     reinvestment project area plan on an expedited basis;
6692          (ii) [posts] publishes notice for the community, as a class A notice under Section
6693     63G-28-102, for at least 14 days before the day on which the public hearing described in
6694     Subsection (5)(a)(i) is held [on:]; and
6695          [(A) the community's website; and]
6696          [(B) the Utah Public Notice Website as described in Section 63A-16-601; and]
6697          (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
6698     amend the community reinvestment project area plan on an expedited basis;
6699          (b) all record property owners within the existing or proposed community reinvestment
6700     project area plan give written consent; and
6701          (c) each taxing entity affected by the tax increment incentive consents and enters into
6702     an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
6703     to the qualified business entity.
6704          Section 125. Section 17C-5-205 is amended to read:
6705          17C-5-205. Interlocal agreement to provide project area funds for the community
6706     reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
6707     interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
6708     agreement.
6709          (1) An agency shall:
6710          (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
6711     open and public meeting; and
6712          (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
6713     Reinvestment Project Area."
6714          (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
6715     the agency shall provide notice of the execution by[:] publishing the notice for the agency's
6716     jurisdiction, as a class A notice under Section 63G-28-102, for 30 days.
6717          [(i) causing the notice to be posted in at least three public places within the agency's
6718     boundaries; and]

6719          [(ii) posting the notice or causing the notice to be posted on the Utah Public Notice
6720     Website created in Section 63A-16-601.]
6721          (b) A notice described in Subsection (2)(a) shall include:
6722          (i) a summary of the interlocal agreement; and
6723          (ii) a statement that the interlocal agreement:
6724          (A) is available for public inspection and the hours for inspection; and
6725          (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
6726     sales and use tax revenue.
6727          (3) An interlocal agreement described in Section 17C-5-204 is effective [the day on
6728     which the notice described in Subsection (2) is posted in accordance with Subsection (2)(a)] at
6729     the end of the 30-day period described in Subsection (2)(a).
6730          (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
6731     person may contest the interlocal agreement or the procedure used to adopt the interlocal
6732     agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
6733          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
6734     contest:
6735          (i) the interlocal agreement;
6736          (ii) a distribution of tax increment to the agency under the interlocal agreement; or
6737          (iii) the agency's use of project area funds under the interlocal agreement.
6738          (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
6739     shall make a copy of the interlocal agreement available to the public at the taxing entity's office
6740     for inspection and copying during normal business hours.
6741          Section 126. Section 17D-3-305 is amended to read:
6742          17D-3-305. Setting the date of nomination of the board of supervisors -- Notice
6743     requirements.
6744          (1) The commission shall set the date of the nomination of members of the board of
6745     supervisors of a conservation district.
6746          (2) The commission shall publish notice of the nomination day described in Subsection
6747     (1):
6748          [(a) (i) in a newspaper of general circulation within the conservation district at least
6749     once, no later than four weeks before the day of the nomination; or]

6750          [(ii) if there is no newspaper of general circulation in the conservation district, at least
6751     four weeks before the nomination day, by posting one notice, and at least one additional notice
6752     per 2,000 population of the conservation district, in places within the conservation district that
6753     are most likely to give notice to the residents in the conservation district;]
6754          [(b)] (a) [on the Utah Public Notice Website created in Section 63A-16-601,] for the
6755     conservation district, as a class A notice under Section 63G-28-102, for four weeks before the
6756     day of the nomination; and
6757          [(c)] (b) in accordance with Section 45-1-101, for four weeks before the day of the
6758     nomination[; and].
6759          [(d) if the conservation district has a website, on the conservation district's website for
6760     four weeks before the day of the nomination.]
6761          (3) The commissioner shall appoint the board of members by no later than six weeks
6762     after the date set by the commission for the close of nominations.
6763          (4) The notice required under Subsection (2) shall state:
6764          (a) the nomination date; and
6765          (b) the number of open board member positions for the conservation district.
6766          Section 127. Section 19-2-109 is amended to read:
6767          19-2-109. Air quality standards -- Hearings on adoption -- Notice requirements --
6768     Orders of director -- Adoption of emission control requirements.
6769          (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
6770     hearings.
6771          (b) Notice of any public hearing for the consideration, adoption, or amendment of air
6772     quality standards shall specify the locations to which the proposed standards apply and the
6773     time, date, and place of the hearing.
6774          (c) The notice shall be:
6775          (i) [(A)] published [at least twice in any newspaper of general circulation in] for the
6776     area affected, as a class A notice under Section 63G-28-102, for at least 20 days; and
6777          [(B) published on the Utah Public Notice Website created in Section 63A-16-601, at
6778     least 20 days before the public hearing; and]
6779          (ii) mailed at least 20 days before the public hearing to the chief executive of each
6780     political subdivision of the area affected and to other persons the director has reason to believe

6781     will be affected by the standards.
6782          (d) The adoption of air quality standards or any modification or changes to air quality
6783     standards shall be by order of the director following formal action of the board with respect to
6784     the standards.
6785          (e) The order shall be published:
6786          (i) [in a newspaper of general circulation in] for the area affected, as a class A notice
6787     under Section 63G-28-102, for at least 20 days; and
6788          (ii) as required in Section 45-1-101.
6789          (2) (a) The board may establish emission control requirements by rule that in its
6790     judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
6791     may vary from area to area, taking into account varying local conditions.
6792          (b) In adopting these requirements, the board shall give notice and conduct public
6793     hearings in accordance with the requirements in Subsection (1).
6794          Section 128. Section 20A-1-206 is amended to read:
6795          20A-1-206. Cancellation of local election or local race -- Municipalities -- Local
6796     districts -- Notice.
6797          (1) As used in this section:
6798          (a) "Contested race" means a race in a general election where the number of
6799     candidates, including any eligible write-in candidates, exceeds the number of offices to be
6800     filled in the race.
6801          (b) "Election" means an event, run by an election officer, that includes one or more
6802     races for public office or one or more ballot propositions.
6803          (c) (i) "Race" means a contest between candidates to obtain the number of votes
6804     necessary to take a particular public office.
6805          (ii) "Race," as the term relates to a contest for an at-large position, includes all open
6806     positions for the same at-large office.
6807          (iii) "Race," as the term relates to a contest for a municipal council position that is not
6808     an at-large position, includes only the contest to represent a particular district on the council.
6809          (2) A municipal legislative body may cancel a local election if:
6810          (a) the ballot for the local election will not include any contested races or ballot
6811     propositions; and

6812          (b) the municipal legislative body passes, no later than 20 days before the day of the
6813     scheduled election, a resolution that cancels the election and certifies that:
6814          (i) the ballot for the election would not include any contested races or ballot
6815     propositions; and
6816          (ii) the candidates who qualified for the ballot are considered elected.
6817          (3) A municipal legislative body may cancel a race in a local election if:
6818          (a) the ballot for the race will not include any contested races or ballot propositions;
6819     and
6820          (b) the municipal legislative body passes, no later than 20 days before the day of the
6821     scheduled election, a resolution that cancels the race and certifies that:
6822          (i) the ballot for the race would not include any contested races or ballot propositions;
6823     and
6824          (ii) the candidate for the race is considered elected.
6825          (4) A municipal legislative body that cancels a local election in accordance with
6826     Subsection (2) shall give notice that the election is cancelled by:
6827          (a) subject to Subsection (8), providing notice to the lieutenant governor's office to be
6828     posted on the Statewide Electronic Voter Information Website described in Section 20A-7-801,
6829     for 15 consecutive days before the day of the scheduled election; and
6830          (b) providing notice for the municipality, as a class A notice under Section
6831     63G-28-102, for at least 15 days before the day of the scheduled election.
6832          [(b) if the municipality has a public website, posting notice on the municipality's public
6833     website for 15 days before the day of the scheduled election;]
6834          [(c) if the elected officials or departments of the municipality regularly publish a
6835     printed or electronic newsletter or other periodical, publishing notice in the next scheduled
6836     newsletter or other periodical published before the day of the scheduled election;]
6837          [(d) (i) publishing notice at least twice in a newspaper of general circulation in the
6838     municipality before the day of the scheduled election;]
6839          [(ii) at least 10 days before the day of the scheduled election, posting one notice, and at
6840     least one additional notice per 2,000 population within the municipality, in places within the
6841     municipality that are most likely to give notice to the voters in the municipality, subject to a
6842     maximum of 10 notices; or]

6843          [(iii) at least 10 days before the day of the scheduled election, mailing notice to each
6844     registered voter in the municipality; and]
6845          [(e) posting notice on the Utah Public Notice Website, created in Section 63A-16-601,
6846     for at least 10 days before the day of the scheduled election.]
6847          (5) A local district board may cancel a local election if:
6848          (a) the ballot for the local election will not include any contested races or ballot
6849     propositions; and
6850          (b) the local district board passes, no later than 20 days before the day of the scheduled
6851     election, a resolution that cancels the election and certifies that:
6852          (i) the ballot for the election would not include any contested races or ballot
6853     propositions; and
6854          (ii) the candidates who qualified for the ballot are considered elected.
6855          (6) A local district board may cancel a local district race if:
6856          (a) the race is uncontested; and
6857          (b) the local district board passes, no later than 20 days before the day of the scheduled
6858     election, a resolution that cancels the race and certifies that the candidate who qualified for the
6859     ballot for that race is considered elected.
6860          (7) A local district that cancels a local election in accordance with Subsection (5) shall
6861     provide notice that the election is cancelled:
6862          (a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter
6863     Information Website described in Section 20A-7-801, for 15 consecutive days before the day of
6864     the scheduled election; and
6865          (b) as a class Ĥ→ [
B] A ←Ĥ notice under Section 63G-28-102, for at least 15 days before
6865a     the day of
6866     the scheduled election.
6867          [(b) if the local district has a public website, by posting notice on the local district's
6868     public website for 15 days before the day of the scheduled election;]
6869          [(c) if the local district publishes a newsletter or other periodical, by publishing notice
6870     in the next scheduled newsletter or other periodical published before the day of the scheduled
6871     election;]
6872          [(d) (i) by publishing notice at least twice in a newspaper of general circulation in the
6873     local district before the scheduled election;]

6874          [(ii) at least 10 days before the day of the scheduled election, by posting one notice,
6875     and at least one additional notice per 2,000 population of the local district, in places within the
6876     local district that are most likely to give notice to the voters in the local district, subject to a
6877     maximum of 10 notices; or]
6878          [(iii) at least 10 days before the day of the scheduled election, by mailing notice to each
6879     registered voter in the local district; and]
6880          [(e) by posting notice on the Utah Public Notice Website, created in Section
6881     63A-16-601, for at least 10 days before the day of the scheduled election.]
6882          (8) A municipal legislative body that posts a notice in accordance with Subsection
6883     (4)(a) or a local district that posts a notice in accordance with Subsection (7)(a) is not liable for
6884     a notice that fails to post due to technical or other error by the publisher of the Statewide
6885     Electronic Voter Information Website.
6886          Section 129. Section 20A-1-512 is amended to read:
6887          20A-1-512. Midterm vacancies on local district boards -- Notice.
6888          (1) (a) When a vacancy occurs on any local district board for any reason, the following
6889     shall appoint a replacement to serve out the unexpired term in accordance with this section:
6890          (i) the local district board, if the person vacating the position was elected; or
6891          (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
6892     appointing authority appointed the person vacating the position.
6893          (b) Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the
6894     local district board or appointing authority shall:
6895          (i) give public notice of the vacancy for at least two weeks before the local district
6896     board or appointing authority meets to fill the vacancy by[:] publishing the notice, as a class A
6897     notice under Section 63G-28-102, for the local district; and
6898          [(A) if there is a newspaper of general circulation, as that term is defined in Section
6899     45-1-201, within the district, publishing the notice in the newspaper of general circulation;]
6900          [(B) posting the notice in three public places within the local district; and]
6901          [(C) posting on the Utah Public Notice Website created under Section 63A-16-601;
6902     and]
6903          (ii) identify, in the notice:
6904          (A) the date, time, and place of the meeting where the vacancy will be filled;

6905          (B) the individual to whom an individual who is interested in an appointment to fill the
6906     vacancy may submit the individual's name for consideration; and
6907          (C) any submission deadline.
6908          (c) An appointing authority is not subject to Subsection (1)(b) if:
6909          (i) the appointing authority appoints one of the appointing authority's own members;
6910     and
6911          (ii) that member meets all applicable statutory board member qualifications.
6912          (d) When a vacancy occurs on the board of a water conservancy district located in
6913     more than one county:
6914          (i) the board shall give notice of the vacancy to the county legislative bodies that
6915     nominated the vacating trustee as provided in Section 17B-2a-1005;
6916          (ii) the county legislative bodies described in Subsection (1)(d)(i) shall collectively
6917     compile a list of three nominees to fill the vacancy; and
6918          (iii) the governor shall, with the advice and consent of the Senate, appoint an
6919     individual to fill the vacancy from nominees submitted as provided in Subsection
6920     17B-2a-1005(2)(c).
6921          (2) If the local district board fails to appoint an individual to complete an elected board
6922     member's term within 90 days, the legislative body of the county or municipality that created
6923     the local district shall fill the vacancy in accordance with the procedure for a local district
6924     described in Subsection (1)(b).
6925          Section 130. Section 20A-3a-604 is amended to read:
6926          20A-3a-604. Notice of time and place of early voting.
6927          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
6928     election officer shall, for at least [19] 28 days before the date of the election, provide notice of
6929     the dates, times, and locations of early voting[:] by publishing notice for the county, as a class
6930     A notice under Section 63G-28-102.
6931          [(a) (i) by publishing notice in at least one issue of a newspaper of general circulation
6932     in the county;]
6933          [(ii) by posting one notice, and at least one additional notice per 2,000 population of
6934     the county, in places within the county that are most likely to give notice to the residents in the
6935     county, subject to a maximum of 10 notices; or]

6936          [(iii) by mailing notice to each registered voter in the county;]
6937          [(b) by posting notice at each early voting polling place;]
6938          [(c) by posting notice on the Utah Public Notice Website, created in Section
6939     63A-16-601, for 19 days before the day of the election; and]
6940          [(d) by posting notice on the county's website for 19 days before the day of the
6941     election.]
6942          (2) Instead of specifying all dates, times, and locations of early voting, a notice
6943     required under Subsection (1) may specify the following sources where a voter may view or
6944     obtain a copy of all dates, times, and locations of early voting:
6945          (a) the county's website;
6946          (b) the physical address of the county's offices; and
6947          (c) a mailing address and telephone number.
6948          (3) The election officer shall include in the notice described in Subsection (1):
6949          (a) the address of the Statewide Electronic Voter Information Website and, if available,
6950     the address of the election officer's website, with a statement indicating that the election officer
6951     will post on the website the location of each early voting polling place, including any changes
6952     to the location of an early voting polling place and the location of additional early voting
6953     polling places; and
6954          (b) a phone number that a voter may call to obtain information regarding the location
6955     of an early voting polling place.
6956          Section 131. Section 20A-4-104 is amended to read:
6957          20A-4-104. Counting ballots electronically -- Notice of testing tabulating
6958     equipment.
6959          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
6960     election officer shall test the automatic tabulating equipment to ensure that it will accurately
6961     count the votes cast for all offices and all measures.
6962          (b) The election officer shall provide public notice of the time and place of the test[:]
6963     by publishing the notice, as a class A notice under Section 63G-28-102, for the county,
6964     municipality, or jurisdiction where the equipment is used, for at least 10 days before the day of
6965     the test.
6966          [(i) (A) by publishing notice at least 48 hours before the test in a newspaper of general

6967     circulation in the county, municipality, or jurisdiction where the equipment is used;]
6968          [(B) at least 10 days before the day of the test, by posting one notice, and at least one
6969     additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
6970     within the county, municipality, or jurisdiction that are most likely to give notice to the voters
6971     in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or]
6972          [(C) at least 10 days before the day of the test, by mailing notice to each registered
6973     voter in the county, municipality, or jurisdiction where the equipment is used;]
6974          [(ii) by posting notice on the Utah Public Notice Website, created in Section
6975     63A-16-601, for four weeks before the day of the test; and]
6976          [(iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
6977     website for four weeks before the day of the test.]
6978          (c) The election officer shall conduct the test by processing a preaudited group of
6979     ballots.
6980          (d) The election officer shall ensure that:
6981          (i) a predetermined number of valid votes for each candidate and measure are recorded
6982     on the ballots;
6983          (ii) for each office, one or more ballots have votes in excess of the number allowed by
6984     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
6985          (iii) a different number of valid votes are assigned to each candidate for an office, and
6986     for and against each measure.
6987          (e) If any error is detected, the election officer shall determine the cause of the error
6988     and correct it.
6989          (f) The election officer shall ensure that:
6990          (i) the automatic tabulating equipment produces an errorless count before beginning
6991     the actual counting; and
6992          (ii) the automatic tabulating equipment passes the same test at the end of the count
6993     before the election returns are approved as official.
6994          (2) (a) The election officer or the election officer's designee shall supervise and direct
6995     all proceedings at the counting center.
6996          (b) (i) Proceedings at the counting center are public and may be observed by interested
6997     persons.

6998          (ii) Only those persons authorized to participate in the count may touch any ballot or
6999     return.
7000          (c) The election officer shall deputize and administer an oath or affirmation to all
7001     persons who are engaged in processing and counting the ballots that they will faithfully
7002     perform their assigned duties.
7003          (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
7004     automatic tabulating equipment, the election officer shall ensure that two counting judges
7005     jointly:
7006          (i) make a true replication of the ballot with an identifying serial number;
7007          (ii) substitute the replicated ballot for the damaged or defective ballot;
7008          (iii) label the replicated ballot "replicated"; and
7009          (iv) record the replicated ballot's serial number on the damaged or defective ballot.
7010          (b) The lieutenant governor shall provide to each election officer a standard form on
7011     which the election officer shall maintain a log of all replicated ballots, that includes, for each
7012     ballot:
7013          (i) the serial number described in Subsection (3)(a);
7014          (ii) the identification of the individuals who replicated the ballot;
7015          (iii) the reason for the replication; and
7016          (iv) any other information required by the lieutenant governor.
7017          (c) An election officer shall:
7018          (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
7019     ballots are replicated;
7020          (ii) at the end of each day during which one or more ballots are replicated, make an
7021     electronic copy of the log; and
7022          (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
7023          (4) The election officer may:
7024          (a) conduct an unofficial count before conducting the official count in order to provide
7025     early unofficial returns to the public;
7026          (b) release unofficial returns from time to time after the polls close; and
7027          (c) report the progress of the count for each candidate during the actual counting of
7028     ballots.

7029          (5) Beginning on the day after the date of the election, if an election officer releases
7030     early unofficial returns or reports the progress of the count for each candidate under Subsection
7031     (4), the election officer shall, with each release or report, disclose an estimate of the total
7032     number of voted ballots in the election officer's custody that have not yet been counted.
7033          (6) The election officer shall review and evaluate the provisional ballot envelopes and
7034     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
7035          (7) (a) The election officer or the election officer's designee shall:
7036          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
7037          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
7038          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
7039     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
7040     count the valid write-in vote as being the obvious intent of the voter.
7041          (8) (a) The election officer shall certify the return printed by the automatic tabulating
7042     equipment, to which have been added write-in and absentee votes, as the official return of each
7043     voting precinct.
7044          (b) Upon completion of the count, the election officer shall make official returns open
7045     to the public.
7046          (9) If for any reason it becomes impracticable to count all or a part of the ballots with
7047     tabulating equipment, the election officer may direct that they be counted manually according
7048     to the procedures and requirements of this part.
7049          (10) After the count is completed, the election officer shall seal and retain the
7050     programs, test materials, and ballots as provided in Section 20A-4-202.
7051          Section 132. Section 20A-4-304 is amended to read:
7052          20A-4-304. Declaration of results -- Canvassers' report.
7053          (1) Each board of canvassers shall:
7054          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
7055     declare "elected" or "nominated" those persons who:
7056          (i) had the highest number of votes; and
7057          (ii) sought election or nomination to an office completely within the board's
7058     jurisdiction;
7059          (b) declare:

7060          (i) "approved" those ballot propositions that:
7061          (A) had more "yes" votes than "no" votes; and
7062          (B) were submitted only to the voters within the board's jurisdiction; or
7063          (ii) "rejected" those ballot propositions that:
7064          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
7065     votes; and
7066          (B) were submitted only to the voters within the board's jurisdiction;
7067          (c) certify the vote totals for persons and for and against ballot propositions that were
7068     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
7069     the lieutenant governor; and
7070          (d) if applicable, certify the results of each local district election to the local district
7071     clerk.
7072          (2) As soon as the result is declared, the election officer shall prepare a report of the
7073     result, which shall contain:
7074          (a) the total number of votes cast in the board's jurisdiction;
7075          (b) the names of each candidate whose name appeared on the ballot;
7076          (c) the title of each ballot proposition that appeared on the ballot;
7077          (d) each office that appeared on the ballot;
7078          (e) from each voting precinct:
7079          (i) the number of votes for each candidate;
7080          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
7081     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
7082     potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
7083     phase; and
7084          (iii) the number of votes for and against each ballot proposition;
7085          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
7086     and against each ballot proposition;
7087          (g) the number of ballots that were rejected; and
7088          (h) a statement certifying that the information contained in the report is accurate.
7089          (3) The election officer and the board of canvassers shall:
7090          (a) review the report to ensure that it is correct; and

7091          (b) sign the report.
7092          (4) The election officer shall:
7093          (a) record or file the certified report in a book kept for that purpose;
7094          (b) prepare and transmit a certificate of nomination or election under the officer's seal
7095     to each nominated or elected candidate;
7096          (c) publish a copy of the certified report in accordance with Subsection (5); and
7097          (d) file a copy of the certified report with the lieutenant governor.
7098          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
7099     days after the day on which the board of canvassers declares the election results, publicize the
7100     certified report described in Subsection (2)[:] for the jurisdiction, as a class A notice under
7101     Section 63G-28-102, for at least seven days.
7102          [(a) (i) by publishing notice at least once in a newspaper of general circulation within
7103     the jurisdiction;]
7104          [(ii) by posting one notice, and at least one additional notice per 2,000 population of
7105     the jurisdiction, in places within the jurisdiction that are most likely to give notice to the
7106     residents of the jurisdiction, subject to a maximum of 10 notices; or]
7107          [(iii) by mailing notice to each residence within the jurisdiction;]
7108          [(b) by posting notice on the Utah Public Notice Website, created in Section
7109     63A-16-601, for one week; and]
7110          [(c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
7111     one week.]
7112          (6) Instead of including a copy of the entire certified report, a notice required under
7113     Subsection (5) may contain a statement that:
7114          (a) includes the following: "The Board of Canvassers for [indicate name of
7115     jurisdiction] has prepared a report of the election results for the [indicate type and date of
7116     election]."; and
7117          (b) specifies the following sources where an individual may view or obtain a copy of
7118     the entire certified report:
7119          (i) if the jurisdiction has a website, the jurisdiction's website;
7120          (ii) the physical address for the jurisdiction; and
7121          (iii) a mailing address and telephone number.

7122          (7) When there has been a regular general or a statewide special election for statewide
7123     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
7124     or more county ballot proposition, each board of canvassers shall:
7125          (a) prepare a separate report detailing the number of votes for each candidate and the
7126     number of votes for and against each ballot proposition; and
7127          (b) transmit the separate report by registered mail to the lieutenant governor.
7128          (8) In each county election, municipal election, school election, local district election,
7129     and local special election, the election officer shall transmit the reports to the lieutenant
7130     governor within 14 days after the date of the election.
7131          (9) In a regular primary election and in a presidential primary election, the board shall
7132     transmit to the lieutenant governor:
7133          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
7134     governor not later than the second Tuesday after the election; and
7135          (b) a complete tabulation showing voting totals for all primary races, precinct by
7136     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
7137     primary election.
7138          Section 133. Section 20A-5-101 is amended to read:
7139          20A-5-101. Notice of election.
7140          (1) On or before November 15 in the year before each regular general election year, the
7141     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
7142          (a) designates the offices to be filled at the next year's regular general election;
7143          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
7144     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
7145     and 20A-9-408 for those offices; and
7146          (c) contains a description of any ballot propositions to be decided by the voters that
7147     have qualified for the ballot as of that date.
7148          (2) (a) No later than seven business days after the day on which the lieutenant governor
7149     transmits the written notice described in Subsection (1), each county clerk shall provide notice
7150     for the county, as a class A notice under Section 63G-28-102, for at seven days before the day
7151     of the election and in accordance with Subsection (3)[:].
7152          [(i) by posting notice in a conspicuous place most likely to give notice of the election

7153     to the voters in each voting precinct within the county;]
7154          [(ii) (A) by publishing notice in a newspaper of general circulation in the county;]
7155          [(B) by posting one notice, and at least one additional notice per 2,000 population of
7156     the county, in places within the county that are most likely to give notice of the election to the
7157     voters in the county, subject to a maximum of 10 notices; or]
7158          [(C) by mailing notice to each registered voter in the county;]
7159          [(iii) by posting notice on the Utah Public Notice Website, created in Section
7160     63A-16-601, for seven days before the day of the election; and]
7161          [(iv) by posting notice on the county's website for seven days before the day of the
7162     election.]
7163          (b) The county clerk shall prepare an affidavit of the posting under Subsection
7164     [(2)(a)(i)] (2)(a), showing a copy of the notice and the places where the notice was posted.
7165          (3) The notice described in Subsection (2) shall:
7166          (a) designate the offices to be voted on in that election; and
7167          (b) identify the dates for filing a declaration of candidacy for those offices.
7168          (4) Except as provided in Subsection (6), before each election, the election officer shall
7169     give printed notice of the following information:
7170          (a) the date of election;
7171          (b) the hours during which the polls will be open;
7172          (c) the polling places for each voting precinct, early voting polling place, and election
7173     day voting center;
7174          (d) the address of the Statewide Electronic Voter Information Website and, if available,
7175     the address of the election officer's website, with a statement indicating that the election officer
7176     will post on the website any changes to the location of a polling place and the location of any
7177     additional polling place;
7178          (e) a phone number that a voter may call to obtain information regarding the location of
7179     a polling place; and
7180          (f) the qualifications for persons to vote in the election.
7181          (5) The election officer shall provide the notice described in Subsection (4)[:] for the
7182     jurisdiction, as a class A notice under Section 63G-28-102, for at least seven days before the
7183     day of the election.

7184          [(a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
7185     to which the election pertains, at least two days before the day of the election;]
7186          [(ii) at least two days before the day of the election, by posting one notice, and at least
7187     one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
7188     that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
7189     maximum of 10 notices; or]
7190          [(iii) by mailing the notice to each registered voter who resides in the jurisdiction to
7191     which the election pertains at least five days before the day of the election;]
7192          [(b) by posting notice on the Utah Public Notice Website, created in Section
7193     63A-16-601, for two days before the day of the election; and]
7194          [(c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
7195     two days before the day of the election.]
7196          (6) Instead of including the information described in Subsection (4) in the notice, the
7197     election officer may give printed notice that:
7198          (a) is entitled "Notice of Election";
7199          (b) includes the following: "A [indicate election type] will be held in [indicate the
7200     jurisdiction] on [indicate date of election]. Information relating to the election, including
7201     polling places, polling place hours, and qualifications of voters may be obtained from the
7202     following sources:"; and
7203          (c) specifies the following sources where an individual may view or obtain the
7204     information described in Subsection (4):
7205          (i) if the jurisdiction has a website, the jurisdiction's website;
7206          (ii) the physical address of the jurisdiction offices; and
7207          (iii) a mailing address and telephone number.
7208          Section 134. Section 20A-5-403.5 is amended to read:
7209          20A-5-403.5. Ballot drop boxes -- Notice.
7210          (1) An election officer:
7211          (a) shall designate at least one ballot drop box in each municipality and reservation
7212     located in the jurisdiction to which the election relates;
7213          (b) may designate additional ballot drop boxes for the election officer's jurisdiction;
7214          (c) shall clearly mark each ballot drop box as an official ballot drop box for the election

7215     officer's jurisdiction;
7216          (d) shall provide 24-hour video surveillance of each unattended ballot drop box; and
7217          (e) shall post a sign on or near each unattended ballot drop box indicating that the
7218     ballot drop box is under 24-hour video surveillance.
7219          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
7220     shall, at least [19] 28 days before the date of the election, provide notice of the location of each
7221     ballot drop box designated under Subsection (1)[:], by publishing notice for the jurisdiction
7222     holding the election, as a class A notice under Section 63G-28-102, for at least 28 days before
7223     the day of the election.
7224          [(a) (i) by publishing notice in at least one issue of a newspaper of general circulation
7225     in the jurisdiction holding the election;]
7226          [(ii) by posting one notice, and at least one additional notice per 2,000 population of
7227     the jurisdiction holding the election, in places within the jurisdiction that are most likely to give
7228     notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or]
7229          [(iii) by mailing notice to each registered voter in the jurisdiction holding the election;]
7230          [(b) by posting notice on the Utah Public Notice Website, created in Section
7231     63A-16-601, for 19 days before the day of the election; and]
7232          [(c) by posting notice on the jurisdiction's website for 19 days before the day of the
7233     election.]
7234          (3) Instead of including the location of ballot drop boxes, a notice required under
7235     Subsection (2) may specify the following sources where a voter may view or obtain a copy of
7236     all ballot drop box locations:
7237          (a) the jurisdiction's website;
7238          (b) the physical address of the jurisdiction's offices; and
7239          (c) a mailing address and telephone number.
7240          (4) The election officer shall include in the notice described in Subsection (2):
7241          (a) the address of the Statewide Electronic Voter Information Website and, if available,
7242     the address of the election officer's website, with a statement indicating that the election officer
7243     will post on the website the location of each ballot drop box, including any changes to the
7244     location of a ballot drop box and the location of additional ballot drop boxes; and
7245          (b) a phone number that a voter may call to obtain information regarding the location

7246     of a ballot drop box.
7247          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
7248     deadline described in Subsection (2):
7249          (i) if necessary, change the location of a ballot drop box; or
7250          (ii) if the election officer determines that the number of ballot drop boxes is
7251     insufficient due to the number of registered voters who are voting, designate additional ballot
7252     drop boxes.
7253          (b) Except as provided in Section 20A-1-308, if an election officer changes the
7254     location of a ballot box or designates an additional ballot drop box location, the election officer
7255     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
7256     the additional ballot drop box location:
7257          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
7258          (ii) by posting the information on the website of the election officer, if available; and
7259          (iii) by posting notice:
7260          (A) for a change in the location of a ballot drop box, at the new location and, if
7261     possible, the old location; and
7262          (B) for an additional ballot drop box location, at the additional ballot drop box
7263     location.
7264          (6) An election officer may, at any time, authorize two or more poll workers to remove
7265     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
7266          (7) (a) At least two poll workers must be present when a poll worker collects ballots
7267     from a ballot drop box and delivers the ballots to the location where the ballots will be opened
7268     and counted.
7269          (b) An election officer shall ensure that the chain of custody of ballots placed in a
7270     ballot box are recorded and tracked from the time the ballots are removed from the ballot box
7271     until the ballots are delivered to the location where the ballots will be opened and counted.
7272          Section 135. Section 20A-5-405 is amended to read:
7273          20A-5-405. Election officer to provide ballots -- Notice of sample ballot.
7274          (1) An election officer shall:
7275          (a) provide ballots for every election of public officers in which the voters, or any of
7276     the voters, within the election officer's jurisdiction participate;

7277          (b) cause the name of every candidate whose nomination has been certified to or filed
7278     with the election officer in the manner provided by law to be included on each ballot;
7279          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
7280     be included on each ballot;
7281          (d) ensure that the ballots are prepared and in the possession of the election officer
7282     before commencement of voting;
7283          (e) allow candidates and their agents and the sponsors of ballot propositions that have
7284     qualified for the official ballot to inspect the ballots;
7285          (f) no later than 45 days before the day of the election, make sample ballots available
7286     for inspection, in the same form as official ballots and that contain the same information as
7287     official ballots, by:
7288          (i) posting a copy of the sample ballot in the election officer's office;
7289          (ii) sending a copy of the sample ballot to:
7290          (A) each candidate listed on the ballot; and
7291          (B) the lieutenant governor; and
7292          (iii) providing a copy of the sample ballot for the jurisdiction holding the election, as a
7293     class A notice under Section 63G-28-102, for at least seven days;
7294          [(iii) (A) posting one copy of the sample ballot, and at least one additional copy of the
7295     sample ballot per 2,000 population of the jurisdiction, in places within the jurisdiction that are
7296     most likely to give notice to the voters in the jurisdiction, subject to a maximum of 10 notices;
7297     or]
7298          [(B) mailing a copy of the sample ballot to each registered voter who resides in the
7299     jurisdiction holding the election;]
7300          [(iv) posting a copy of the sample ballot on the Utah Public Notice Website, created in
7301     Section 63A-16-601; and]
7302          [(v) if the jurisdiction has a website, posting a copy of the sample ballot on the
7303     jurisdiction's website;]
7304          (g) deliver a copy of the sample ballot to poll workers for each polling place and direct
7305     the poll workers to post the sample ballot as required by Section 20A-5-102; and
7306          (h) print and deliver, at the expense of the jurisdiction conducting the election, enough
7307     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in

7308     each voting precinct.
7309          (2) Instead of posting the entire sample ballot under Subsection [(1)(f)(iii)(A)]
7310     (1)(f)(iii), the election officer may post a statement that:
7311          (a) is entitled, "sample ballot";
7312          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
7313     upcoming [indicate type and date of election] may be obtained from the following sources:";
7314     and
7315          (c) specifies the following sources where an individual may view or obtain a copy of
7316     the sample ballot:
7317          (i) if the jurisdiction has a website, the jurisdiction's website;
7318          (ii) the physical address of the jurisdiction's offices; and
7319          (iii) a mailing address and telephone number.
7320          (3) (a) Each election officer shall, without delay, correct any error discovered in any
7321     ballot, if the correction can be made without interfering with the timely distribution of the
7322     ballots.
7323          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
7324     not possible to correct the error or omission, the election officer shall direct the poll workers to
7325     make the necessary corrections on the manual ballots before the ballots are distributed.
7326          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
7327     not possible to correct the error or omission by revising the electronic ballot, the election
7328     officer shall direct the poll workers to post notice of each error or omission with instructions on
7329     how to correct each error or omission in a prominent position at each polling booth.
7330          (4) (a) If the election officer refuses or fails to correct an error or omission in a ballot, a
7331     candidate or a candidate's agent may file a verified petition with the district court asserting that:
7332          (i) an error or omission has occurred in:
7333          (A) the publication of the name or description of a candidate;
7334          (B) the preparation or display of an electronic ballot; or
7335          (C) the posting of sample ballots or the printing of official manual ballots; and
7336          (ii) the election officer has failed to correct or provide for the correction of the error or
7337     omission.
7338          (b) The district court shall issue an order requiring correction of any error in a ballot or

7339     an order to show cause why the error should not be corrected if it appears to the court that the
7340     error or omission has occurred and the election officer has failed to correct or provide for the
7341     correction of the error or omission.
7342          (c) A party aggrieved by the district court's decision may appeal the matter to the Utah
7343     Supreme Court within five days after the day on which the district court enters the decision.
7344          Section 136. Section 20A-7-103 is amended to read:
7345          20A-7-103. Constitutional amendments and other questions submitted by the
7346     Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
7347          (1) The procedures contained in this section govern when the Legislature submits a
7348     proposed constitutional amendment or other question to the voters.
7349          (2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
7350     date of the election, publish the full text of the amendment, question, or statute [in at least one
7351     newspaper in every county of the state where a newspaper is published] for the state, as a class
7352     A notice under Section 63G-28-102, through the date of the election.
7353          (3) The legislative general counsel shall:
7354          (a) entitle each proposed constitutional amendment "Constitutional Amendment __"
7355     and assign it a letter according to the requirements of Section 20A-6-107;
7356          (b) entitle each proposed question "Proposition Number __" with the number assigned
7357     to the proposition under Section 20A-6-107 placed in the blank;
7358          (c) draft and designate a ballot title for each proposed amendment or question
7359     submitted by the Legislature that:
7360          (i) summarizes the subject matter of the amendment or question; and
7361          (ii) for a proposed constitutional amendment, summarizes any legislation that is
7362     enacted and will become effective upon the voters' adoption of the proposed constitutional
7363     amendment; and
7364          (d) deliver each letter or number and ballot title to the lieutenant governor.
7365          (4) The lieutenant governor shall certify the letter or number and ballot title of each
7366     amendment or question to the county clerk of each county no later than 65 days before the date
7367     of the election.
7368          (5) The county clerk of each county shall:
7369          (a) ensure that the letter or number and the ballot title of each amendment and question

7370     prepared in accordance with this section are included in the sample ballots and official ballots;
7371     and
7372          (b) publish the sample ballots and official ballots as provided by law.
7373          Section 137. Section 20A-7-204.1 is amended to read:
7374          20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
7375     Changes to an initiative and initial fiscal impact estimate.
7376          (1) (a) After issuance of the initial fiscal impact estimate by the Office of the
7377     Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
7378     sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
7379     follows:
7380          (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
7381          (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
7382     County;
7383          (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
7384          (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
7385     County;
7386          (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
7387          (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
7388          (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
7389     County.
7390          (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
7391     the public hearings in a first or second class county, but not in the same county.
7392          (c) The sponsors may not hold a public hearing described in this section until the later
7393     of:
7394          (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
7395     estimate under Subsection 20A-7-202.5(3)(b); or
7396          (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
7397     impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
7398          (2) (a) The sponsors shall[:(a)], before 5 p.m. at least [three] seven calendar days
7399     before the date of the public hearing, provide written notice of the public hearing, including the
7400     time, date, and location of the public hearing, to:

7401          (i) the lieutenant governor for posting on the state's website; [and]
7402          (ii) each state senator, state representative, and county commission or county council
7403     member who is elected in whole or in part from the region where the public hearing will be
7404     held; and
7405          (iii) each county clerk from the region where the public hearing will be held.
7406          (b) A county clerk who receives a notice from a sponsor under Subsection (2)(a) shall
7407     publish written notice of the public hearing[, including the time, date, and location of the
7408     public hearing, in each county in the region where the public hearing will be held:] for the
7409     county, as a class A notice under Section 63G-28-102, for at least three days before the day of
7410     the public hearing.
7411          (c) A county clerk may bill the sponsors of the initiative petition for the cost of
7412     preparing, printing, and publishing the notice required under Subsection (2)(b).
7413          [(i) (A) at least three calendar days before the day of the public hearing, in a newspaper
7414     of general circulation in the county;]
7415          [(B) if there is no newspaper of general circulation in the county, at least three calendar
7416     days before the day of the public hearing, by posting one copy of the notice, and at least one
7417     additional copy of the notice per 2,000 population of the county, in places within the county
7418     that are most likely to give notice to the residents of the county; or]
7419          [(C) at least seven days before the day of the public hearing, by mailing notice to each
7420     residence in the county;]
7421          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, for at least
7422     three calendar days before the day of the public hearing;]
7423          [(iii) in accordance with Section 45-1-101, for at least three calendar days before the
7424     day of the public hearing; and]
7425          [(iv) on the county's website for at least three calendar days before the day of the public
7426     hearing.]
7427          (3) If the initiative petition proposes a tax increase, the written notice described in
7428     Subsection (2) shall include the following statement, in bold, in the same font and point size as
7429     the largest font and point size appearing in the notice:
7430          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
7431     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)

7432     percent increase in the current tax rate."
7433          (4) (a) During the public hearing, the sponsors shall either:
7434          (i) video tape or audio tape the public hearing and, when the hearing is complete,
7435     deposit the complete audio or video tape of the meeting with the lieutenant governor; or
7436          (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
7437     each speaker and summarizing each speaker's comments.
7438          (b) The lieutenant governor shall make copies of the tapes or minutes available to the
7439     public.
7440          (c) For each public hearing, the sponsors shall:
7441          (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
7442     impact statement in a conspicuous location at the entrance to the room where the sponsors hold
7443     the public hearing; and
7444          (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
7445     public hearing attendees, in a conspicuous location at the entrance to the room where the
7446     sponsors hold the public hearing.
7447          (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
7448     seventh public hearing described in Subsection (1)(a), and before circulating an initiative
7449     petition for signatures, the sponsors of the initiative petition may change the text of the
7450     proposed law if:
7451          (i) a change to the text is:
7452          (A) germane to the text of the proposed law filed with the lieutenant governor under
7453     Section 20A-7-202; and
7454          (B) consistent with the requirements of Subsection 20A-7-202(5); and
7455          (ii) each sponsor signs, attested to by a notary public, an application addendum to
7456     change the text of the proposed law.
7457          (b) (i) Within three working days after the day on which the lieutenant governor
7458     receives an application addendum to change the text of the proposed law in an initiative
7459     petition, the lieutenant governor shall submit a copy of the application addendum to the Office
7460     of the Legislative Fiscal Analyst.
7461          (ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
7462     estimate by following the procedures and requirements of Section 20A-7-202.5 to reflect a

7463     change to the text of the proposed law.
7464          Section 138. Section 20A-7-402 is amended to read:
7465          20A-7-402. Local voter information pamphlet -- Notice -- Contents -- Limitations
7466     -- Preparation -- Statement on front cover.
7467          (1) The county or municipality that is subject to a ballot proposition shall prepare a
7468     local voter information pamphlet that complies with the requirements of this part.
7469          (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
7470     that is subject to a special local ballot proposition shall provide a notice that complies with the
7471     requirements of Subsection (2)(c)(ii) to the municipality's residents by[:] publishing the notice
7472     for the municipality, as a class A notice under Section 63G-28-102, for the time period set
7473     under Subsection (2)(c)(i).
7474          [(i) if the municipality regularly mails a newsletter, utility bill, or other material to the
7475     municipality's residents, including the notice with a newsletter, utility bill, or other material;]
7476          [(ii) posting the notice, until after the deadline described in Subsection (2)(d) has
7477     passed, on:]
7478          [(A) the Utah Public Notice Website created in Section 63A-16-601; and]
7479          [(B) the home page of the municipality's website, if the municipality has a website;
7480     and]
7481          [(iii) sending the notice electronically to each individual in the municipality for whom
7482     the municipality has an email address.]
7483          (b) A county that is subject to a special local ballot proposition shall[:] publish a notice
7484     that complies with the requirements of Subsection (2)(c)(ii) for the county, as a class A notice
7485     under Section 63G-28-102.
7486          [(i) send an electronic notice that complies with the requirements of Subsection
7487     (2)(c)(ii) to each individual in the county for whom the county has an email address; or]
7488          [(ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
7489     complies with the requirements of Subsection (2)(c)(ii) on:]
7490          [(A) the Utah Public Notice Website created in Section 63A-16-601; and]
7491          [(B) the home page of the county's website.]
7492          (c) A municipality or county that [mails, sends, or posts] publishes a notice under
7493     Subsection (2)(a) or (b) shall:

7494          (i) [mail, send, or post] publish the notice:
7495          (A) not less than 90 days before the date of the election at which a special local ballot
7496     proposition will be voted upon; or
7497          (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
7498     after the special local ballot proposition is approved to be voted upon in an election; and
7499          (ii) ensure that the notice contains:
7500          (A) the ballot title for the special local ballot proposition;
7501          (B) instructions on how to file a request under Subsection (2)(d); and
7502          (C) the deadline described in Subsection (2)(d).
7503          (d) To prepare a written argument for or against a special local ballot proposition, an
7504     eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days
7505     before the day of the election at which the special local ballot proposition is to be voted on.
7506          (e) If more than one eligible voter requests the opportunity to prepare a written
7507     argument for or against a special local ballot proposition, the election officer shall make the
7508     final designation in accordance with the following order of priority:
7509          (i) sponsors have priority in preparing an argument regarding a special local ballot
7510     proposition; and
7511          (ii) members of the local legislative body have priority over others if a majority of the
7512     local legislative body supports the written argument.
7513          (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
7514     later than 60 days before the day of the election at which the ballot proposition is to be voted
7515     on.
7516          (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
7517     favor of the special local ballot proposition.
7518          (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
7519     proposition who submits a request under Subsection (2)(d) may prepare a written argument
7520     against the special local ballot proposition.
7521          (h) An eligible voter who submits a written argument under this section in relation to a
7522     special local ballot proposition shall:
7523          (i) ensure that the written argument does not exceed 500 words in length, not counting
7524     the information described in Subsection (2)(h)(ii) or (iv);

7525          (ii) list, at the end of the argument, at least one, but no more than five, names as
7526     sponsors;
7527          (iii) submit the written argument to the election officer before 5 p.m. no later than 55
7528     days before the election day on which the ballot proposition will be submitted to the voters;
7529          (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
7530     residential address; and
7531          (v) submit with the written argument the eligible voter's name, residential address,
7532     postal address, email address if available, and phone number.
7533          (i) An election officer shall refuse to accept and publish an argument submitted after
7534     the deadline described in Subsection (2)(h)(iii).
7535          (3) (a) An election officer who timely receives the written arguments in favor of and
7536     against a special local ballot proposition shall, within one business day after the day on which
7537     the election office receives both written arguments, send, via mail or email:
7538          (i) a copy of the written argument in favor of the special local ballot proposition to the
7539     eligible voter who submitted the written argument against the special local ballot proposition;
7540     and
7541          (ii) a copy of the written argument against the special local ballot proposition to the
7542     eligible voter who submitted the written argument in favor of the special local ballot
7543     proposition.
7544          (b) The eligible voter who submitted a timely written argument in favor of the special
7545     local ballot proposition:
7546          (i) may submit to the election officer a written rebuttal argument of the written
7547     argument against the special local ballot proposition;
7548          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
7549     not counting the information described in Subsection (2)(h)(ii) or (iv); and
7550          (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
7551     before the election day on which the special local ballot proposition will be submitted to the
7552     voters.
7553          (c) The eligible voter who submitted a timely written argument against the special local
7554     ballot proposition:
7555          (i) may submit to the election officer a written rebuttal argument of the written

7556     argument in favor of the special local ballot proposition;
7557          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
7558     not counting the information described in Subsection (2)(h)(ii) or (iv); and
7559          (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
7560     before the election day on which the special local ballot proposition will be submitted to the
7561     voters.
7562          (d) An election officer shall refuse to accept and publish a written rebuttal argument in
7563     relation to a special local ballot proposition that is submitted after the deadline described in
7564     Subsection (3)(b)(iii) or (3)(c)(iii).
7565          (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
7566     proposition:
7567          (i) an eligible voter may not modify a written argument or a written rebuttal argument
7568     after the eligible voter submits the written argument or written rebuttal argument to the election
7569     officer; and
7570          (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
7571     modify a written argument or a written rebuttal argument.
7572          (b) The election officer, and the eligible voter who submits a written argument or
7573     written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
7574     modify a written argument or written rebuttal argument in order to:
7575          (i) correct factual, grammatical, or spelling errors; and
7576          (ii) reduce the number of words to come into compliance with the requirements of this
7577     section.
7578          (c) An election officer shall refuse to accept and publish a written argument or written
7579     rebuttal argument in relation to a special local ballot proposition if the eligible voter who
7580     submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
7581     modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
7582          (5) In relation to a special local ballot proposition, an election officer may designate
7583     another eligible voter to take the place of an eligible voter described in this section if the
7584     original eligible voter is, due to injury, illness, death, or another circumstance, unable to
7585     continue to fulfill the duties of an eligible voter described in this section.
7586          (6) Sponsors whose written argument in favor of a standard local ballot proposition is

7587     included in a proposition information pamphlet under Section 20A-7-401.5:
7588          (a) may, if a written argument against the standard local ballot proposition is included
7589     in the proposition information pamphlet, submit a written rebuttal argument to the election
7590     officer;
7591          (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
7592     and
7593          (c) shall submit the written rebuttal argument no later than 45 days before the election
7594     day on which the standard local ballot proposition will be submitted to the voters.
7595          (7) (a) A county or municipality that submitted a written argument against a standard
7596     local ballot proposition that is included in a proposition information pamphlet under Section
7597     20A-7-401.5:
7598          (i) may, if a written argument in favor of the standard local ballot proposition is
7599     included in the proposition information pamphlet, submit a written rebuttal argument to the
7600     election officer;
7601          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
7602     and
7603          (iii) shall submit the written rebuttal argument no later than 45 days before the election
7604     day on which the ballot proposition will be submitted to the voters.
7605          (b) If a county or municipality submits more than one written rebuttal argument under
7606     Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
7607     giving preference to a written rebuttal argument submitted by a member of a local legislative
7608     body.
7609          (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
7610     that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
7611          (b) Before an election officer publishes a local voter information pamphlet under this
7612     section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
7613     Records Access and Management Act.
7614          (c) An election officer who receives a written rebuttal argument described in this
7615     section may not, before publishing the local voter information pamphlet described in this
7616     section, disclose the written rebuttal argument, or any information contained in the written
7617     rebuttal argument, to any person who may in any way be involved in preparing an opposing

7618     rebuttal argument.
7619          (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
7620     rebuttal argument after the written rebuttal argument is submitted to the election officer.
7621          (b) The election officer, and the person who submits a written rebuttal argument, may
7622     jointly agree to modify a written rebuttal argument in order to:
7623          (i) correct factual, grammatical, or spelling errors; or
7624          (ii) reduce the number of words to come into compliance with the requirements of this
7625     section.
7626          (c) An election officer shall refuse to accept and publish a written rebuttal argument if
7627     the person who submits the written rebuttal argument:
7628          (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
7629     accordance with Subsection (9)(b); or
7630          (ii) does not timely submit the written rebuttal argument to the election officer.
7631          (d) An election officer shall make a good faith effort to negotiate a modification
7632     described in Subsection (9)(b) in an expedited manner.
7633          (10) An election officer may designate another person to take the place of a person who
7634     submits a written rebuttal argument in relation to a standard local ballot proposition if the
7635     person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
7636     person's duties.
7637          (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
7638     impact estimate and the legal impact statement prepared for each initiative under Section
7639     20A-7-502.5.
7640          (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
7641     include the following statement in bold type:
7642          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
7643     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
7644     increase in the current tax rate."
7645          (12) (a) In preparing the local voter information pamphlet, the election officer shall:
7646          (i) ensure that the written arguments are printed on the same sheet of paper upon which
7647     the ballot proposition is also printed;
7648          (ii) ensure that the following statement is printed on the front cover or the heading of

7649     the first page of the printed written arguments:
7650          "The arguments for or against a ballot proposition are the opinions of the authors.";
7651          (iii) pay for the printing and binding of the local voter information pamphlet; and
7652          (iv) not less than 15 days before, but not more than 45 days before, the election at
7653     which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
7654     voter entitled to vote on the ballot proposition:
7655          (A) a voter information pamphlet; or
7656          (B) the notice described in Subsection (12)(c).
7657          (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
7658     election officer may summarize the ballot proposition in 500 words or less.
7659          (ii) The summary shall state where a complete copy of the ballot proposition is
7660     available for public review.
7661          (c) (i) The election officer may distribute a notice printed on a postage prepaid,
7662     preaddressed return form that a person may use to request delivery of a voter information
7663     pamphlet by mail.
7664          (ii) The notice described in Subsection (12)(c)(i) shall include:
7665          (A) the address of the Statewide Electronic Voter Information Website authorized by
7666     Section 20A-7-801; and
7667          (B) the phone number a voter may call to request delivery of a voter information
7668     pamphlet by mail or carrier.
7669          Section 139. Section 20A-9-203 is amended to read:
7670          20A-9-203. Declarations of candidacy -- Municipal general elections -- Notice of
7671     candidates.
7672          (1) An individual may become a candidate for any municipal office if:
7673          (a) the individual is a registered voter; and
7674          (b) (i) the individual has resided within the municipality in which the individual seeks
7675     to hold elective office for the 12 consecutive months immediately before the date of the
7676     election; or
7677          (ii) the territory in which the individual resides was annexed into the municipality, the
7678     individual has resided within the annexed territory or the municipality the 12 consecutive
7679     months immediately before the date of the election.

7680          (2) (a) For purposes of determining whether an individual meets the residency
7681     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
7682     before the election, the municipality is considered to have been incorporated 12 months before
7683     the date of the election.
7684          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
7685     council position shall, if elected from a district, be a resident of the council district from which
7686     the candidate is elected.
7687          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
7688     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
7689     against the elective franchise may not hold office in this state until the right to hold elective
7690     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
7691          (3) (a) An individual seeking to become a candidate for a municipal office shall,
7692     regardless of the nomination method by which the individual is seeking to become a candidate:
7693          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
7694     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
7695     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
7696     described in Section 10-3-301 and not later than the close of those office hours, between June 1
7697     and June 7 of any odd-numbered year; and
7698          (ii) pay the filing fee, if one is required by municipal ordinance.
7699          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
7700     declaration of candidacy with the city recorder or town clerk if:
7701          (i) the individual is located outside of the state during the entire filing period;
7702          (ii) the designated agent appears in person before the city recorder or town clerk;
7703          (iii) the individual communicates with the city recorder or town clerk using an
7704     electronic device that allows the individual and city recorder or town clerk to see and hear each
7705     other; and
7706          (iv) the individual provides the city recorder or town clerk with an email address to
7707     which the city recorder or town clerk may send the individual the copies described in
7708     Subsection (4).
7709          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
7710          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting

7711     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
7712     the office hours described in Section 10-3-301 and not later than the close of those office
7713     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
7714     of the nomination petition of the lesser of at least:
7715          (A) 25 registered voters who reside in the municipality; or
7716          (B) 20% of the registered voters who reside in the municipality; and
7717          (ii) paying the filing fee, if one is required by municipal ordinance.
7718          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
7719     petition, the filing officer shall:
7720          (i) read to the prospective candidate or individual filing the petition the constitutional
7721     and statutory qualification requirements for the office that the candidate is seeking;
7722          (ii) require the candidate or individual filing the petition to state whether the candidate
7723     meets the requirements described in Subsection (4)(a)(i); and
7724          (iii) inform the candidate or the individual filing the petition that an individual who
7725     holds a municipal elected office may not, at the same time, hold a county elected office.
7726          (b) If the prospective candidate does not meet the qualification requirements for the
7727     office, the filing officer may not accept the declaration of candidacy or nomination petition.
7728          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
7729     filing officer shall:
7730          (i) inform the candidate that the candidate's name will appear on the ballot as it is
7731     written on the declaration of candidacy;
7732          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
7733     for the office the candidate is seeking and inform the candidate that failure to comply will
7734     result in disqualification as a candidate and removal of the candidate's name from the ballot;
7735          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
7736     Electronic Voter Information Website Program and inform the candidate of the submission
7737     deadline under Subsection 20A-7-801(4)(a);
7738          (iv) provide the candidate with a copy of the pledge of fair campaign practices
7739     described under Section 20A-9-206 and inform the candidate that:
7740          (A) signing the pledge is voluntary; and
7741          (B) signed pledges shall be filed with the filing officer; and

7742          (v) accept the declaration of candidacy or nomination petition.
7743          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
7744     officer shall:
7745          (i) accept the candidate's pledge; and
7746          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
7747     candidate's pledge to the chair of the county or state political party of which the candidate is a
7748     member.
7749          (5) (a) The declaration of candidacy shall be in substantially the following form:
7750          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
7751     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
7752     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
7753     (stating the term). I will meet the legal qualifications required of candidates for this office. If
7754     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
7755     candidate filing period. I will file all campaign financial disclosure reports as required by law
7756     and I understand that failure to do so will result in my disqualification as a candidate for this
7757     office and removal of my name from the ballot. I request that my name be printed upon the
7758     applicable official ballots. (Signed) _______________
7759          Subscribed and sworn to (or affirmed) before me by ____ on this
7760     __________(month\day\year).
     
7761          (Signed) _______________ (Clerk or other officer qualified to administer oath)."
7762          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
7763     not sign the form described in Subsection (5)(a).
7764          (c) (i) A nomination petition shall be in substantially the following form:
7765          "NOMINATION PETITION
7766          The undersigned residents of (name of municipality), being registered voters, nominate
7767     (name of nominee) for the office of (name of office) for the (length of term of office)."
7768          (ii) The remainder of the petition shall contain lines and columns for the signatures of
7769     individuals signing the petition and each individual's address and phone number.
7770          (6) If the declaration of candidacy or nomination petition fails to state whether the
7771     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be

7772     for the four-year term.
7773          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
7774     voters.
7775          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
7776     print the candidate's name on the ballot.
7777          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
7778     clerk shall:
7779          (a) publicize a list of the names of the candidates as they will appear on the ballot[:] by
7780     publishing the list for the municipality, as a class A notice under Section 63G-28-102, for
7781     seven days; and
7782          [(i) (A) by publishing the list in at least two successive publications of a newspaper of
7783     general circulation in the municipality;]
7784          [(B) by posting one copy of the list, and at least one additional copy of the list per
7785     2,000 population of the municipality, in places within the municipality that are most likely to
7786     give notice to the voters in the municipality, subject to a maximum of 10 lists; or]
7787          [(C) by mailing the list to each registered voter in the municipality;]
7788          [(ii) by posting the list on the Utah Public Notice Website, created in Section
7789     63A-16-601, for seven days; and]
7790          [(iii) if the municipality has a website, by posting the list on the municipality's website
7791     for seven days; and]
7792          (b) notify the lieutenant governor of the names of the candidates as they will appear on
7793     the ballot.
7794          (9) Except as provided in Subsection (10)(c), an individual may not amend a
7795     declaration of candidacy or nomination petition filed under this section after the candidate
7796     filing period ends.
7797          (10) (a) A declaration of candidacy or nomination petition that an individual files under
7798     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
7799     10 days after the last day for filing.
7800          (b) If a person files an objection, the clerk shall:
7801          (i) mail or personally deliver notice of the objection to the affected candidate
7802     immediately; and

7803          (ii) decide any objection within 48 hours after the objection is filed.
7804          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
7805     days after the day on which the clerk sustains the objection, correct the problem for which the
7806     objection is sustained by amending the candidate's declaration of candidacy or nomination
7807     petition, or by filing a new declaration of candidacy.
7808          (d) (i) The clerk's decision upon objections to form is final.
7809          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
7810     prompt application is made to the district court.
7811          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
7812     of its discretion, agrees to review the lower court decision.
7813          (11) A candidate who qualifies for the ballot under this section may withdraw as a
7814     candidate by filing a written affidavit with the municipal clerk.
7815          Section 140. Section 26-8a-405.3 is amended to read:
7816          26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Notice -- Appeal
7817     rights.
7818          (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
7819     Section 26-8a-405.2, or for non-911 services under Section 26-8a-405.4, shall be solicited
7820     through a request for proposal and the provisions of this section.
7821          (b) The governing body of the political subdivision shall approve the request for
7822     proposal prior to the notice of the request for proposals under Subsection (1)(c).
7823          (c) [Notice] The governing body of the political subdivision shall publish notice of the
7824     request for proposals [shall be published:] for the political subdivision, as a class A notice
7825     under Section 63G-28-102, for at least 20 days.
7826          [(i) by posting the notice for at least 20 days in at least five public places in the county;
7827     and]
7828          [(ii) by posting the notice on the Utah Public Notice Website, created in Section
7829     63A-16-601, for at least 20 days.]
7830          (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
7831     offerors during the process of negotiations.
7832          (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
7833     political subdivision shall hold a presubmission conference with interested applicants for the

7834     purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
7835          (ii) A political subdivision shall allow at least 90 days from the presubmission
7836     conference for the proposers to submit proposals.
7837          (c) Subsequent to the presubmission conference, the political subdivision may issue
7838     addenda to the request for proposals. An addenda to a request for proposal shall be finalized
7839     and posted by the political subdivision at least 45 days before the day on which the proposal
7840     must be submitted.
7841          (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
7842     respect to any opportunity for discussion and revisions of proposals, and revisions may be
7843     permitted after submission and before a contract is awarded for the purpose of obtaining best
7844     and final offers.
7845          (e) In conducting discussions, there shall be no disclosures of any information derived
7846     from proposals submitted by competing offerors.
7847          (3) (a) (i) A political subdivision may select an applicant approved by the department
7848     under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
7849     most responsible offeror as defined in Section 63G-6a-103.
7850          (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
7851     proposal is determined in writing to be the most advantageous to the political subdivision,
7852     taking into consideration price and the evaluation factors set forth in the request for proposal.
7853          (b) The applicants who are approved under Section 26-8a-405 and who are selected
7854     under this section may be the political subdivision issuing the request for competitive sealed
7855     proposals, or any other public entity or entities, any private person or entity, or any
7856     combination thereof.
7857          (c) A political subdivision may reject all of the competitive proposals.
7858          (4) In seeking competitive sealed proposals and awarding contracts under this section,
7859     a political subdivision:
7860          (a) shall apply the public convenience and necessity factors listed in Subsections
7861     26-8a-408(2) through (6);
7862          (b) shall require the applicant responding to the proposal to disclose how the applicant
7863     will meet performance standards in the request for proposal;
7864          (c) may not require or restrict an applicant to a certain method of meeting the

7865     performance standards, including:
7866          (i) requiring ambulance medical personnel to also be a firefighter; or
7867          (ii) mandating that offerors use fire stations or dispatch services of the political
7868     subdivision;
7869          (d) shall require an applicant to submit the proposal:
7870          (i) based on full cost accounting in accordance with generally accepted accounting
7871     principals; and
7872          (ii) if the applicant is a governmental entity, in addition to the requirements of
7873     Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
7874     in compliance with the State of Utah Legal Compliance Audit Guide; and
7875          (e) shall set forth in the request for proposal:
7876          (i) the method for determining full cost accounting in accordance with generally
7877     accepted accounting principles, and require an applicant to submit the proposal based on such
7878     full cost accounting principles;
7879          (ii) guidelines established to further competition and provider accountability; and
7880          (iii) a list of the factors that will be considered by the political subdivision in the award
7881     of the contract, including by percentage, the relative weight of the factors established under this
7882     Subsection (4)(e), which may include such things as:
7883          (A) response times;
7884          (B) staging locations;
7885          (C) experience;
7886          (D) quality of care; and
7887          (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
7888          (5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
7889     Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
7890     to the procurement process required by this section, except as provided in Subsection (5)(c).
7891          (b) A procurement appeals panel described in Section 63G-6a-1702 shall have
7892     jurisdiction to review and determine an appeal of an offeror under this section.
7893          (c) (i) An offeror may appeal the solicitation or award as provided by the political
7894     subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
7895     may appeal under the provisions of Subsections (5)(a) and (b).

7896          (ii) A procurement appeals panel described in Section 63G-6a-1702 shall determine
7897     whether the solicitation or award was made in accordance with the procedures set forth in this
7898     section and Section 26-8a-405.2.
7899          (d) The determination of an issue of fact by the appeals board shall be final and
7900     conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
7901     63G-6a-1705.
7902          Section 141. Section 26-61a-303 is amended to read:
7903          26-61a-303. Renewal -- Notice of available license.
7904          (1) The department shall renew a license under this part every year if, at the time of
7905     renewal:
7906          (a) the licensee meets the requirements of Section 26-61a-301;
7907          (b) the licensee pays the department a license renewal fee in an amount that, subject to
7908     Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
7909          (c) if the medical cannabis pharmacy changes the operating plan described in Section
7910     26-61a-304 that the department approved under Subsection 26-61a-301(2)(b)(iv), the
7911     department approves the new operating plan.
7912          (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
7913     pharmacy's license, the department shall publish notice of an available license[:], for the
7914     geographic area in which the medical cannabis pharmacy license is available, as a class A
7915     notice under Section 63G-28-102, for at least seven days.
7916          [(i) in a newspaper of general circulation for the geographic area in which the medical
7917     cannabis pharmacy license is available; or]
7918          [(ii) on the Utah Public Notice Website established in Section 63A-16-601.]
7919          (b) The department may establish criteria, in collaboration with the Division of
7920     Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
7921     3, Utah Administrative Rulemaking Act, to identify the medical cannabis pharmacy actions that
7922     constitute abandonment of a medical cannabis pharmacy license.
7923          (3) If the department has not completed the necessary processes to make a
7924     determination on a license renewal under Subsections (1)(a) and (c) before the expiration of a
7925     license, the department may issue a conditional medical cannabis pharmacy license to a
7926     licensed medical cannabis pharmacy that has applied for license renewal under this section and

7927     paid the fee described in Subsection (1)(b).
7928          Section 142. Section 52-4-202 is amended to read:
7929          52-4-202. Public notice of meetings -- Emergency meetings.
7930          (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
7931     meeting.
7932          (ii) A specified body shall give not less than 24 hours' public notice of each meeting
7933     that the specified body holds on the capitol hill complex.
7934          (b) The public notice required under Subsection (1)(a) shall include the meeting:
7935          (i) agenda;
7936          (ii) date;
7937          (iii) time; and
7938          (iv) place.
7939          (2) (a) In addition to the requirements under Subsection (1), a public body which holds
7940     regular meetings that are scheduled in advance over the course of a year shall give public
7941     notice at least once each year of its annual meeting schedule as provided in this section.
7942          (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
7943     the scheduled meetings.
7944          (3) (a) [A] Subject to Subsection (3)(c), a public body or specified body satisfies a
7945     requirement for public notice by[:] publishing the notice for the public body's jurisdiction, as a
7946     class A notice under Section 63G-28-102, for at least 24 hours.
7947          [(i) posting written notice:]
7948          [(A) except for an electronic meeting held without an anchor location under Subsection
7949     52-4-207(4), at the principal office of the public body or specified body, or if no principal
7950     office exists, at the building where the meeting is to be held; and]
7951          [(B) on the Utah Public Notice Website created under Section 63A-16-601; and]
7952          [(ii) providing notice to:]
7953          [(A) at least one newspaper of general circulation within the geographic jurisdiction of
7954     the public body; or]
7955          [(B) a local media correspondent.]
7956          [(b) A public body or specified body is in compliance with the provisions of
7957     Subsection (3)(a)(ii) by providing notice to a newspaper or local media correspondent under

7958     the provisions of Subsection 63A-16-601(4)(d).]
7959          [(c)] (b) A public body whose limited resources make compliance with [Subsection
7960     (3)(a)(i)(B)] the requirement to post notice on the Utah Public Notice Website difficult may
7961     request the Division of Archives and Records Service, created in Section 63A-12-101, to
7962     provide technical assistance to help the public body in its effort to comply.
7963          (c) A public body or specified body that is required, under this chapter and Section
7964     63G-28-102, to post notice in a public location within the affected area may comply with the
7965     requirement by posting the notice in, on, or near:
7966          (i) the anchor location for the meeting; or
7967          (ii) the structure or other area where the meeting will be held.
7968          (4) A public body and a specified body are encouraged to develop and use additional
7969     electronic means to provide notice of their meetings under Subsection (3).
7970          (5) (a) The notice requirement of Subsection (1) may be disregarded if:
7971          (i) because of unforeseen circumstances it is necessary for a public body or specified
7972     body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
7973          (ii) the public body or specified body gives the best notice practicable of:
7974          (A) the time and place of the emergency meeting; and
7975          (B) the topics to be considered at the emergency meeting.
7976          (b) An emergency meeting of a public body may not be held unless:
7977          (i) an attempt has been made to notify all the members of the public body; and
7978          (ii) a majority of the members of the public body approve the meeting.
7979          (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
7980     provide reasonable specificity to notify the public as to the topics to be considered at the
7981     meeting. Each topic shall be listed under an agenda item on the meeting agenda.
7982          (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
7983     member of the public body, a topic raised by the public may be discussed during an open
7984     meeting, even if the topic raised by the public was not included in the agenda or advance public
7985     notice for the meeting.
7986          (c) Except as provided in Subsection (5), relating to emergency meetings, a public
7987     body may not take final action on a topic in an open meeting unless the topic is:
7988          (i) listed under an agenda item as required by Subsection (6)(a); and

7989          (ii) included with the advance public notice required by this section.
7990          (7) Except as provided in this section, this chapter does not apply to a specified body.
7991          Section 143. Section 52-4-302 is amended to read:
7992          52-4-302. Suit to void final action -- Limitation -- Exceptions.
7993          (1) (a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207, or
7994     52-4-209 is voidable by a court of competent jurisdiction.
7995          (b) A court may not void a final action taken by a public body for failure to comply
7996     with the posting written notice requirements under Subsection [52-4-202(3)(a)(i)(B)]
7997     52-4-202(3)(a) if:
7998          (i) the posting is made for a meeting that is held before April 1, 2009; or
7999          (ii) (A) the public body otherwise complies with the provisions of Section 52-4-202;
8000     and
8001          (B) the failure was a result of unforeseen Internet hosting or communication
8002     technology failure.
8003          (2) Except as provided under Subsection (3), a suit to void final action shall be
8004     commenced within 90 days after the date of the action.
8005          (3) A suit to void final action concerning the issuance of bonds, notes, or other
8006     evidences of indebtedness shall be commenced within 30 days after the date of the action.
8007          Section 144. Section 53B-7-101.5 is amended to read:
8008          53B-7-101.5. Proposed tuition increases -- Notice -- Hearings.
8009          (1) If an institution within the State System of Higher Education listed in Section
8010     53B-1-102 considers increasing tuition rates for undergraduate students in the process of
8011     preparing or implementing its budget, it shall hold a meeting to receive public input and
8012     response on the issue.
8013          (2) The institution shall advertise the hearing required under Subsection (1) using the
8014     following procedure:
8015          (a) [The] the institution shall advertise [its] the institution's intent to consider an
8016     increase in student tuition rates:
8017          (i) in the institution's student newspaper twice during a period of 10 days [prior to]
8018     before the meeting; and
8019          (ii) for each county where the institution has a campus, as a class A notice under

8020     Section 63G-28-102, for at least 10 days before the meeting; and
8021          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, for 10 days
8022     immediately before the meeting.]
8023          (b) [The] the advertisement shall state that the institution will meet on a certain day,
8024     time, and place fixed in the advertisement, which shall not be less than seven days after the day
8025     the [second] advertisement is published, for the purpose of hearing comments regarding the
8026     proposed increase and to explain the reasons for the proposed increase.
8027          (3) The form and content of the notice shall be substantially as follows:
8028          "NOTICE OF PROPOSED TUITION INCREASE
8029          The (name of the higher education institution) is proposing to increase student tuition
8030     rates. This would be an increase of ______ %, which is an increase of $______ per semester
8031     for a full-time resident undergraduate student. All concerned students and citizens are invited
8032     to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
8033          (4) (a) The institution shall provide the following information to those in attendance at
8034     the meeting required under Subsection (1):
8035          (i) the current year's student enrollment for:
8036          (A) the State System of Higher Education, if a systemwide increase is being
8037     considered; or
8038          (B) the institution, if an increase is being considered for just a single institution;
8039          (ii) total tuition revenues for the current school year;
8040          (iii) projected student enrollment growth for the next school year and projected tuition
8041     revenue increases from that anticipated growth; and
8042          (iv) a detailed accounting of how and where the increased tuition revenues would be
8043     spent.
8044          (b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
8045     down into majors or departments if the proposed tuition increases are department or major
8046     specific.
8047          (5) If the institution does not make a final decision on the proposed tuition increase at
8048     the meeting, it shall announce the date, time, and place of the meeting where that determination
8049     shall be made.
8050          Section 145. Section 53E-4-202 is amended to read:

8051          53E-4-202. Core standards for Utah public schools -- Notice and hearing
8052     requirements.
8053          (1) (a) In establishing minimum standards related to curriculum and instruction
8054     requirements under Section 53E-3-501, the state board shall, in consultation with local school
8055     boards, school superintendents, teachers, employers, and parents implement core standards for
8056     Utah public schools that will enable students to, among other objectives:
8057          (i) communicate effectively, both verbally and through written communication;
8058          (ii) apply mathematics; and
8059          (iii) access, analyze, and apply information.
8060          (b) Except as provided in this public education code, the state board may recommend
8061     but may not require a local school board or charter school governing board to use:
8062          (i) a particular curriculum or instructional material; or
8063          (ii) a model curriculum or instructional material.
8064          (2) The state board shall, in establishing the core standards for Utah public schools:
8065          (a) identify the basic knowledge, skills, and competencies each student is expected to
8066     acquire or master as the student advances through the public education system; and
8067          (b) align with each other the core standards for Utah public schools and the
8068     assessments described in Section 53E-4-303.
8069          (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
8070     (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
8071     continual progress within and between grade levels and courses in the basic academic areas of:
8072          (a) English, including explicit phonics, spelling, grammar, reading, writing,
8073     vocabulary, speech, and listening; and
8074          (b) mathematics, including basic computational skills.
8075          (4) Before adopting core standards for Utah public schools, the state board shall:
8076          (a) publicize draft core standards for Utah public schools [on the state board's website
8077     and the Utah Public Notice website created under Section 63A-16-601] for the state, as a class
8078     A notice under Section 63G-28-102, for at least 90 days;
8079          (b) invite public comment on the draft core standards for Utah public schools for a
8080     period of not less than 90 days; and
8081          (c) conduct three public hearings that are held in different regions of the state on the

8082     draft core standards for Utah public schools.
8083          (5) LEA governing boards shall design their school programs, that are supported by
8084     generally accepted scientific standards of evidence, to focus on the core standards for Utah
8085     public schools with the expectation that each program will enhance or help achieve mastery of
8086     the core standards for Utah public schools.
8087          (6) Except as provided in Sections 53G-10-103 and 53G-10-402, each school may
8088     select instructional materials and methods of teaching, that are supported by generally accepted
8089     scientific standards of evidence, that the school considers most appropriate to meet the core
8090     standards for Utah public schools.
8091          (7) The state may exit any agreement, contract, memorandum of understanding, or
8092     consortium that cedes control of the core standards for Utah public schools to any other entity,
8093     including a federal agency or consortium, for any reason, including:
8094          (a) the cost of developing or implementing the core standards for Utah public schools;
8095          (b) the proposed core standards for Utah public schools are inconsistent with
8096     community values; or
8097          (c) the agreement, contract, memorandum of understanding, or consortium:
8098          (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
8099     Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
8100          (ii) conflicts with Utah law;
8101          (iii) requires Utah student data to be included in a national or multi-state database;
8102          (iv) requires records of teacher performance to be included in a national or multi-state
8103     database; or
8104          (v) imposes curriculum, assessment, or data tracking requirements on home school or
8105     private school students.
8106          (8) The state board shall submit a report in accordance with Section 53E-1-203 on the
8107     development and implementation of the core standards for Utah public schools, including the
8108     time line established for the review of the core standards for Utah public schools by a standards
8109     review committee and the recommendations of a standards review committee established under
8110     Section 53E-4-203.
8111          Section 146. Section 53G-3-204 is amended to read:
8112          53G-3-204. Notice before preparing or amending a long-range plan or acquiring

8113     certain property.
8114          (1) As used in this section:
8115          (a) "Affected entity" means each county, municipality, local district under Title 17B,
8116     Limited Purpose Local Government Entities - Local Districts, special service district under
8117     Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
8118     under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
8119          (i) whose services or facilities are likely to require expansion or significant
8120     modification because of an intended use of land; or
8121          (ii) that has filed with the school district a copy of the general or long-range plan of the
8122     county, municipality, local district, special service district, school district, interlocal
8123     cooperation entity, or specified public utility.
8124          (b) "Specified public utility" means an electrical corporation, gas corporation, or
8125     telephone corporation, as those terms are defined in Section 54-2-1.
8126          (2) (a) If a school district located in a county of the first or second class prepares a
8127     long-range plan regarding the school district's facilities proposed for the future or amends an
8128     already existing long-range plan, the school district shall, before preparing a long-range plan or
8129     amendments to an existing long-range plan, provide written notice, as provided in this section,
8130     of the school district's intent to prepare a long-range plan or to amend an existing long-range
8131     plan.
8132          (b) Each notice under Subsection (2)(a) shall:
8133          (i) indicate that the school district intends to prepare a long-range plan or to amend a
8134     long-range plan, as the case may be;
8135          (ii) describe or provide a map of the geographic area that will be affected by the
8136     long-range plan or amendments to a long-range plan;
8137          (iii) be:
8138          (A) sent to each county in whose unincorporated area and each municipality in whose
8139     boundaries is located the land on which the proposed long-range plan or amendments to a
8140     long-range plan are expected to indicate that the proposed facilities will be located;
8141          (B) sent to each affected entity;
8142          (C) sent to the Utah Geospatial Resource Center created in Section 63A-16-505;
8143          (D) sent to each association of governments, established pursuant to an interlocal

8144     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
8145     municipality described in Subsection (2)(b)(iii)(A) is a member; and
8146          [(E) placed on the Utah Public Notice Website created under Section 63A-16-601]
8147          (E) published for the geographic area that will be affected by the proposed long-range
8148     plan, or amendments to a long-range plan, as a class A notice under Section 63G-28-102, for at
8149     least 30 days;
8150          (iv) with respect to the notice to counties and municipalities described in Subsection
8151     (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
8152     consider in the process of preparing, adopting, and implementing the long-range plan or
8153     amendments to a long-range plan concerning:
8154          (A) impacts that the use of land proposed in the proposed long-range plan or
8155     amendments to a long-range plan may have on the county, municipality, or affected entity; and
8156          (B) uses of land that the county, municipality, or affected entity is planning or
8157     considering that may conflict with the proposed long-range plan or amendments to a long-range
8158     plan; and
8159          (v) include the address of an Internet website, if the school district has one, and the
8160     name and telephone number of an individual where more information can be obtained
8161     concerning the school district's proposed long-range plan or amendments to a long-range plan.
8162          (3) (a) Except as provided in Subsection (3)(d), each school district intending to
8163     acquire real property in a county of the first or second class for the purpose of expanding the
8164     district's infrastructure or other facilities shall provide written notice, as provided in this
8165     Subsection (3), of the school district's intent to acquire the property if the intended use of the
8166     property is contrary to:
8167          (i) the anticipated use of the property under the county or municipality's general plan;
8168     or
8169          (ii) the property's current zoning designation.
8170          (b) Each notice under Subsection (3)(a) shall:
8171          (i) indicate that the school district intends to acquire real property;
8172          (ii) identify the real property; and
8173          (iii) be sent to:
8174          (A) each county in whose unincorporated area and each municipality in whose

8175     boundaries the property is located; and
8176          (B) each affected entity.
8177          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
8178     63G-2-305(8).
8179          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
8180     previously provided notice under Subsection (2) identifying the general location within the
8181     municipality or unincorporated part of the county where the property to be acquired is located.
8182          (ii) If a school district is not required to comply with the notice requirement of
8183     Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
8184     provide the notice specified in Subsection (3)(a) as soon as practicable after the school district's
8185     acquisition of the real property.
8186          Section 147. Section 53G-4-204 is amended to read:
8187          53G-4-204. Compensation for services -- Additional per diem -- Notice of meeting
8188     -- Approval of expenses.
8189          (1) Each member of a local school board, except the student member, shall receive
8190     compensation for services and for necessary expenses in accordance with compensation
8191     schedules adopted by the local school board in accordance with the provisions of this section.
8192          (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
8193     compensation schedules, the local school board shall set a time and place for a public hearing
8194     at which all interested persons shall be given an opportunity to be heard.
8195          (3) Notice of the time, place, and purpose of the meeting shall be provided for at least
8196     seven days [prior to] before the day of the meeting by[:] publishing the notice, as a class A
8197     notice under Section 63G-28-102, for the school district.
8198          [(a) (i) publication at least once in a newspaper published in the county where the
8199     school district is situated and generally circulated within the school district; and]
8200          [(ii) publication on the Utah Public Notice Website created in Section 63A-16-601;
8201     and]
8202          [(b) posting a notice:]
8203          [(i) at each school within the school district;]
8204          [(ii) in at least three other public places within the school district; and]
8205          [(iii) on the Internet in a manner that is easily accessible to citizens that use the

8206     Internet.]
8207          (4) After the conclusion of the public hearing, the local school board may adopt or
8208     amend its compensation schedules.
8209          (5) Each member shall submit an itemized account of necessary travel expenses for
8210     local school board approval.
8211          (6) A local school board may, without following the procedures described in
8212     Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
8213     July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
8214     amended or a new compensation schedule is adopted.
8215          Section 148. Section 53G-4-402 is amended to read:
8216          53G-4-402. Powers and duties generally.
8217          (1) A local school board shall:
8218          (a) implement the core standards for Utah public schools using instructional materials
8219     that best correlate to the core standards for Utah public schools and graduation requirements;
8220          (b) administer tests, required by the state board, which measure the progress of each
8221     student, and coordinate with the state superintendent and state board to assess results and create
8222     plans to improve the student's progress, which shall be submitted to the state board for
8223     approval;
8224          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
8225     students that need remediation and determine the type and amount of federal, state, and local
8226     resources to implement remediation;
8227          (d) for each grading period and for each course in which a student is enrolled, issue a
8228     grade or performance report to the student:
8229          (i) that reflects the student's work, including the student's progress based on mastery,
8230     for the grading period; and
8231          (ii) in accordance with the local school board's adopted grading or performance
8232     standards and criteria;
8233          (e) develop early warning systems for students or classes failing to make progress;
8234          (f) work with the state board to establish a library of documented best practices,
8235     consistent with state and federal regulations, for use by the local districts;
8236          (g) implement training programs for school administrators, including basic

8237     management training, best practices in instructional methods, budget training, staff
8238     management, managing for learning results and continuous improvement, and how to help
8239     every child achieve optimal learning in basic academic subjects; and
8240          (h) ensure that the local school board meets the data collection and reporting standards
8241     described in Section 53E-3-501.
8242          (2) Local school boards shall spend Minimum School Program funds for programs and
8243     activities for which the state board has established minimum standards or rules under Section
8244     53E-3-501.
8245          (3) (a) A local school board may purchase, sell, and make improvements on school
8246     sites, buildings, and equipment and construct, erect, and furnish school buildings.
8247          (b) School sites or buildings may only be conveyed or sold on local school board
8248     resolution affirmed by at least two-thirds of the members.
8249          (4) (a) A local school board may participate in the joint construction or operation of a
8250     school attended by children residing within the district and children residing in other districts
8251     either within or outside the state.
8252          (b) Any agreement for the joint operation or construction of a school shall:
8253          (i) be signed by the president of the local school board of each participating district;
8254          (ii) include a mutually agreed upon pro rata cost; and
8255          (iii) be filed with the state board.
8256          (5) A local school board may establish, locate, and maintain elementary, secondary,
8257     and applied technology schools.
8258          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
8259     in school who are at least five years old before September 2 of the year in which admission is
8260     sought.
8261          (7) A local school board may establish and support school libraries.
8262          (8) A local school board may collect damages for the loss, injury, or destruction of
8263     school property.
8264          (9) A local school board may authorize guidance and counseling services for children
8265     and their parents before, during, or following enrollment of the children in schools.
8266          (10) (a) A local school board shall administer and implement federal educational
8267     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National

8268     Education Programs.
8269          (b) Federal funds are not considered funds within the school district budget under
8270     Chapter 7, Part 3, Budgets.
8271          (11) (a) A local school board may organize school safety patrols and adopt policies
8272     under which the patrols promote student safety.
8273          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
8274     parental consent for the appointment.
8275          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
8276     of a highway intended for vehicular traffic use.
8277          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
8278     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
8279     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
8280          (12) (a) A local school board may on its own behalf, or on behalf of an educational
8281     institution for which the local school board is the direct governing body, accept private grants,
8282     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
8283          (b) These contributions are not subject to appropriation by the Legislature.
8284          (13) (a) A local school board may appoint and fix the compensation of a compliance
8285     officer to issue citations for violations of Subsection 76-10-105(2)(b).
8286          (b) A person may not be appointed to serve as a compliance officer without the
8287     person's consent.
8288          (c) A teacher or student may not be appointed as a compliance officer.
8289          (14) A local school board shall adopt bylaws and policies for the local school board's
8290     own procedures.
8291          (15) (a) A local school board shall make and enforce policies necessary for the control
8292     and management of the district schools.
8293          (b) Local school board policies shall be in writing, filed, and referenced for public
8294     access.
8295          (16) A local school board may hold school on legal holidays other than Sundays.
8296          (17) (a) A local school board shall establish for each school year a school traffic safety
8297     committee to implement this Subsection (17).
8298          (b) The committee shall be composed of one representative of:

8299          (i) the schools within the district;
8300          (ii) the Parent Teachers' Association of the schools within the district;
8301          (iii) the municipality or county;
8302          (iv) state or local law enforcement; and
8303          (v) state or local traffic safety engineering.
8304          (c) The committee shall:
8305          (i) receive suggestions from school community councils, parents, teachers, and others
8306     and recommend school traffic safety improvements, boundary changes to enhance safety, and
8307     school traffic safety program measures;
8308          (ii) review and submit annually to the Department of Transportation and affected
8309     municipalities and counties a child access routing plan for each elementary, middle, and junior
8310     high school within the district;
8311          (iii) consult the Utah Safety Council and the Division of Family Health Services and
8312     provide training to all school children in kindergarten through grade 6, within the district, on
8313     school crossing safety and use; and
8314          (iv) help ensure the district's compliance with rules made by the Department of
8315     Transportation under Section 41-6a-303.
8316          (d) The committee may establish subcommittees as needed to assist in accomplishing
8317     the committee's duties under Subsection (17)(c).
8318          (18) (a) A local school board shall adopt and implement a comprehensive emergency
8319     response plan to prevent and combat violence in the local school board's public schools, on
8320     school grounds, on its school vehicles, and in connection with school-related activities or
8321     events.
8322          (b) The plan shall:
8323          (i) include prevention, intervention, and response components;
8324          (ii) be consistent with the student conduct and discipline policies required for school
8325     districts under Chapter 11, Part 2, Miscellaneous Requirements;
8326          (iii) require professional learning for all district and school building staff on what their
8327     roles are in the emergency response plan;
8328          (iv) provide for coordination with local law enforcement and other public safety
8329     representatives in preventing, intervening, and responding to violence in the areas and activities

8330     referred to in Subsection (18)(a); and
8331          (v) include procedures to notify a student, to the extent practicable, who is off campus
8332     at the time of a school violence emergency because the student is:
8333          (A) participating in a school-related activity; or
8334          (B) excused from school for a period of time during the regular school day to
8335     participate in religious instruction at the request of the student's parent.
8336          (c) The state board, through the state superintendent, shall develop comprehensive
8337     emergency response plan models that local school boards may use, where appropriate, to
8338     comply with Subsection (18)(a).
8339          (d) A local school board shall, by July 1 of each year, certify to the state board that its
8340     plan has been practiced at the school level and presented to and reviewed by its teachers,
8341     administrators, students, and their parents and local law enforcement and public safety
8342     representatives.
8343          (19) (a) A local school board may adopt an emergency response plan for the treatment
8344     of sports-related injuries that occur during school sports practices and events.
8345          (b) The plan may be implemented by each secondary school in the district that has a
8346     sports program for students.
8347          (c) The plan may:
8348          (i) include emergency personnel, emergency communication, and emergency
8349     equipment components;
8350          (ii) require professional learning on the emergency response plan for school personnel
8351     who are involved in sports programs in the district's secondary schools; and
8352          (iii) provide for coordination with individuals and agency representatives who:
8353          (A) are not employees of the school district; and
8354          (B) would be involved in providing emergency services to students injured while
8355     participating in sports events.
8356          (d) The local school board, in collaboration with the schools referred to in Subsection
8357     (19)(b), may review the plan each year and make revisions when required to improve or
8358     enhance the plan.
8359          (e) The state board, through the state superintendent, shall provide local school boards
8360     with an emergency plan response model that local school boards may use to comply with the

8361     requirements of this Subsection (19).
8362          (20) A local school board shall do all other things necessary for the maintenance,
8363     prosperity, and success of the schools and the promotion of education.
8364          (21) (a) Before closing a school or changing the boundaries of a school, a local school
8365     board shall:
8366          (i) at least 120 days before approving the school closure or school boundary change,
8367     provide notice to the following that the local school board is considering the closure or
8368     boundary change:
8369          (A) parents of students enrolled in the school, using the same form of communication
8370     the local school board regularly uses to communicate with parents;
8371          (B) parents of students enrolled in other schools within the school district that may be
8372     affected by the closure or boundary change, using the same form of communication the local
8373     school board regularly uses to communicate with parents; and
8374          (C) the governing council and the mayor of the municipality in which the school is
8375     located;
8376          (ii) provide an opportunity for public comment on the proposed school closure or
8377     school boundary change during at least two public local school board meetings; and
8378          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
8379     the public hearing as described in Subsection (21)(b).
8380          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
8381          (i) indicate the:
8382          (A) school or schools under consideration for closure or boundary change; and
8383          (B) the date, time, and location of the public hearing;
8384          (ii) for at least 10 days before the day of the public hearing, be[:] published for the
8385     school district in which the school is located, as a class A notice under Section 63G-28-102;
8386     and
8387          [(A) published:]
8388          [(I) in a newspaper of general circulation in the area; and]
8389          [(II) on the Utah Public Notice Website created in Section 63A-16-601; and]
8390          [(B) posted in at least three public locations within the municipality in which the
8391     school is located on the school district's official website, and prominently at the school; and]

8392          (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
8393     provided as described in Subsections (21)(a)(i)(A), (B), and (C).
8394          (22) A local school board may implement a facility energy efficiency program
8395     established under Title 11, Chapter 44, Performance Efficiency Act.
8396          (23) A local school board may establish or partner with a certified youth court in
8397     accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
8398     program, in coordination with schools in that district. A school may refer a student to a youth
8399     court or a comparable restorative justice program in accordance with Section 53G-8-211.
8400          (24) A local school board shall:
8401          (a) make curriculum that the school district uses readily accessible and available for a
8402     parent to view;
8403          (b) annually notify a parent of a student enrolled in the school district of how to access
8404     the information described in Subsection (24)(a); and
8405          (c) include on the school district's website information about how to access the
8406     information described in Subsection (24)(a).
8407          Section 149. Section 53G-5-504 is amended to read:
8408          53G-5-504. Charter school closure.
8409          (1) As used in this section, "receiving charter school" means a charter school that an
8410     authorizer permits under Subsection (13)(a), to accept enrollment applications from students of
8411     a closing charter school.
8412          (2) If a charter school is closed for any reason, including the termination of a charter
8413     agreement in accordance with Section 53G-5-503 or the conversion of a charter school to a
8414     private school, the provisions of this section apply.
8415          (3) A decision to close a charter school is made:
8416          (a) when a charter school authorizer approves a motion to terminate described in
8417     Subsection 53G-5-503(2)(c);
8418          (b) when the state board takes final action described in Subsection 53G-5-503(2)(d)(ii);
8419     or
8420          (c) when a charter school provides notice to the charter school's authorizer that the
8421     charter school is relinquishing the charter school's charter.
8422          (4) (a) No later than 10 days after the day on which a decision to close a charter school

8423     is made, the charter school shall:
8424          (i) provide notice to the following, in writing, of the decision:
8425          (A) if the charter school made the decision to close, the charter school's authorizer;
8426          (B) the State Charter School Board;
8427          (C) if the state board did not make the decision to close, the state board;
8428          (D) parents of students enrolled at the charter school;
8429          (E) the charter school's creditors;
8430          (F) the charter school's lease holders;
8431          (G) the charter school's bond issuers;
8432          (H) other entities that may have a claim to the charter school's assets;
8433          (I) the school district in which the charter school is located and other charter schools
8434     located in that school district; and
8435          (J) any other person that the charter school determines to be appropriate; and
8436          (ii) [post] publish notice of the decision [on the Utah Public Notice Website, created in
8437     Section 63A-16-601] for the school district in which the charter school is located, as a class A
8438     notice under Section 63G-28-102, for at least 30 days.
8439          (b) The notice described in Subsection (4)(a) shall include:
8440          (i) the proposed date of the charter school closure;
8441          (ii) the charter school's plans to help students identify and transition into a new school;
8442     and
8443          (iii) contact information for the charter school during the transition.
8444          (5) No later than 10 days after the day on which a decision to close a charter school is
8445     made, the closing charter school shall:
8446          (a) designate a custodian for the protection of student files and school business records;
8447          (b) designate a base of operation that will be maintained throughout the charter school
8448     closing, including:
8449          (i) an office;
8450          (ii) hours of operation;
8451          (iii) operational telephone service with voice messaging stating the hours of operation;
8452     and
8453          (iv) a designated individual to respond to questions or requests during the hours of

8454     operation;
8455          (c) assure that the charter school will maintain private insurance coverage or risk
8456     management coverage for covered claims that arise before closure, throughout the transition to
8457     closure and for a period following closure of the charter school as specified by the charter
8458     school's authorizer;
8459          (d) assure that the charter school will complete by the set deadlines for all fiscal years
8460     in which funds are received or expended by the charter school a financial audit and any other
8461     procedure required by state board rule;
8462          (e) inventory all assets of the charter school; and
8463          (f) list all creditors of the charter school and specifically identify secured creditors and
8464     assets that are security interests.
8465          (6) The closing charter school's authorizer shall oversee the closing charter school's
8466     compliance with Subsection (5).
8467          (7) (a) A closing charter school shall return any assets remaining, after all liabilities
8468     and obligations of the closing charter school are paid or discharged, to the closing charter
8469     school's authorizer.
8470          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
8471     assign the assets to another public school.
8472          (8) The closing charter school's authorizer shall oversee liquidation of assets and
8473     payment of debt in accordance with state board rule.
8474          (9) The closing charter school shall:
8475          (a) comply with all state and federal reporting requirements; and
8476          (b) submit all documentation and complete all state and federal reports required by the
8477     closing charter school's authorizer or the state board, including documents to verify the closing
8478     charter school's compliance with procedural requirements and satisfaction of all financial
8479     issues.
8480          (10) When the closing charter school's financial affairs are closed out and dissolution is
8481     complete, the authorizer shall ensure that a final audit of the charter school is completed.
8482          (11) On or before January 1, 2017, the state board shall, in accordance with Title 63G,
8483     Chapter 3, Utah Administrative Rulemaking Act, and after considering suggestions from
8484     charter school authorizers, make rules that:

8485          (a) provide additional closure procedures for charter schools; and
8486          (b) establish a charter school closure process.
8487          (12) (a) Upon termination of the charter school's charter agreement:
8488          (i) notwithstanding provisions to the contrary in Title 16, Chapter 6a, Part 14,
8489     Dissolution, the nonprofit corporation under which the charter school is organized and
8490     managed may be unilaterally dissolved by the authorizer; and
8491          (ii) the net assets of the charter school shall revert to the authorizer as described in
8492     Subsection (7).
8493          (b) The charter school and the authorizer shall mutually agree in writing on the
8494     effective date and time of the dissolution described in Subsection (12)(a).
8495          (c) The effective date and time of dissolution described in Subsection (12)(b) may not
8496     exceed five years after the date of the termination of the charter agreement.
8497          (13) Notwithstanding the provisions of Chapter 6, Part 5, Charter School Enrollment:
8498          (a) an authorizer may permit a specified number of students from a closing charter
8499     school to be enrolled in another charter school, if the receiving charter school:
8500          (i) (A) is authorized by the same authorizer as the closing charter school; or
8501          (B) is authorized by a different authorizer and the authorizer of the receiving charter
8502     school approves the increase in enrollment; and
8503          (ii) agrees to accept enrollment applications from students of the closing charter
8504     school;
8505          (b) a receiving charter school shall give new enrollment preference to applications
8506     from students of the closing charter school in the first school year in which the closing charter
8507     school is not operational; and
8508          (c) a receiving charter school's enrollment capacity is increased by the number of
8509     students enrolled in the receiving charter school from the closing charter school under this
8510     Subsection (13).
8511          (14) A member of the governing board or staff of the receiving charter school that is
8512     also a member of the governing board of the receiving charter school's authorizer, shall recuse
8513     himself or herself from a decision regarding the enrollment of students from a closing charter
8514     school as described in Subsection (13).
8515          Section 150. Section 54-8-10 is amended to read:

8516          54-8-10. Public hearing -- Notice -- Publication.
8517          (1) The governing body shall provide notice of a public hearing on the proposed
8518     improvement for the proposed district, as a class B notice under Section 63G-28-102, for at
8519     least 14 days.
8520          [(1) Such notice shall be:]
8521          [(a) published on the Utah Public Notice Website created in Section 63A-16-601; and]
8522          [(b) posted in not less than three public places in the district.]
8523          [(2) A copy of the notice shall be mailed by certified mail to the last known address of
8524     each owner of land within the proposed district whose property will be assessed for the cost of
8525     the improvement.]
8526          [(3)] (2) The [address] addresses to be used for [that purpose] the purpose of mailing
8527     notice as required by Subsection 63G-28-102(4)(b)(i) shall be:
8528          (a) [that] the last address appearing on the real property assessment rolls of the county
8529     [in which the property is located.] for each owner of real property whose property will be
8530     assessed for the cost of the improvement; and
8531          [(4)] (b) [In addition, a copy of the notice shall be addressed to "Owner" and shall be
8532     so mailed addressed to] the street number of each piece of improved property to be affected by
8533     the assessment.
8534          [(5)] (3) Mailed notices and the published notice shall state where a copy of the
8535     resolution creating the district will be available for inspection by any interested parties.
8536          Section 151. Section 54-8-16 is amended to read:
8537          54-8-16. Notice of assessment -- Publication.
8538          (1) After the preparation of a resolution under Section 54-8-14, the governing body
8539     shall give notice of a public hearing on the proposed assessments [shall be given].
8540          (2) (a) The governing body shall provide the notice described in Subsection (1) [shall
8541     be:] for the district, as a class B notice under Section 63G-28-102, for at least 20 days before
8542     the date of the hearing.
8543          (b) The addresses to be used for the purpose of mailing notice as required by
8544     Subsection 63G-28-102(4)(b)(i) are:
8545          (i) the last address appearing on the real property assessment rolls of the county for
8546     each owner of real property whose property will be assessed for part of the cost of the

8547     improvement; and
8548          (ii) the street number of each piece of improved property to be affected by the proposed
8549     assessment.
8550          [(a) published on the Utah Public Notice Website created in Section 63A-16-601, for at
8551     least 20 days before the date fixed for the hearing; and]
8552          [(b) mailed by certified mail not less than 15 days prior to the date fixed for such
8553     hearing to each owner of real property whose property will be assessed for part of the cost of
8554     the improvement at the last known address of such owner using for such purpose the names
8555     and addresses appearing on the last completed real property assessment rolls of the county
8556     wherein said affected property is located.]
8557          [(3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
8558     mailed addressed to the street number of each piece of improved property to be affected by
8559     such assessment.]
8560          [(4)] (3) Each notice shall state that at the specified time and place, the governing body
8561     will hold a public hearing upon the proposed assessments and shall state that any owner of any
8562     property to be assessed pursuant to the resolution will be heard on the question of whether [his]
8563     the owner's property will be benefited by the proposed improvement to the amount of the
8564     proposed assessment against [his] the owner's property and whether the amount assessed
8565     against [his] the owner's property constitutes more than [his] the owner's proper proportional
8566     share of the total cost of the improvement.
8567          [(5)] (4) The notice shall further state where a copy of the resolution proposed to be
8568     adopted levying the assessments against all real property in the district will be on file for public
8569     inspection, and that subject to such changes and corrections therein as may be made by the
8570     governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
8571          [(6)] (5) A published notice shall describe the boundaries or area of the district with
8572     sufficient particularity to permit each owner of real property therein to ascertain that [his] the
8573     owner's property lies in the district.
8574          [(7)] (6) The mailed notice may refer to the district by name and date of creation and
8575     shall state the amount of the assessment proposed to be levied against the real property of the
8576     person to whom the notice is mailed.
8577          Section 152. Section 54-8-23 is amended to read:

8578          54-8-23. Objection to amount of assessment -- Civil action -- Litigation to
8579     question or attack proceedings or legality of bonds -- Notice.
8580          (1) No special assessment levied under this chapter shall be declared void, nor shall
8581     any such assessment or part thereof be set aside in consequence of any error or irregularity
8582     permitted or appearing in any of the proceedings under this chapter, but any party feeling
8583     aggrieved by any such special assessment or proceeding may bring a civil action to cause such
8584     grievance to be adjudicated if such action is commenced prior to the expiration of the period
8585     specified in this section.
8586          (2) The burden of proof to show that such special assessment or part thereof is invalid,
8587     inequitable or unjust shall rest upon the party who brings such suit.
8588          (3) Any such litigation shall not be regarded as an appeal within the meaning of the
8589     prohibition contained in Section 54-8-18.
8590          (4) Every person whose property is subject to such special assessment and who fails to
8591     appear during the public hearings on said assessments to raise his objection to such tax shall be
8592     deemed to have waived all objections to such levy except the objection that the governing body
8593     lacks jurisdiction to levy such tax.
8594          (5) For a period of 20 days after the governing body has adopted the enactment
8595     authorizing the assessment, any taxpayer in the district shall have the right to institute litigation
8596     for the purpose of questioning or attacking the proceedings pursuant to which the assessments
8597     have been authorized subject to the provisions of the preceding paragraph.
8598          (6) Whenever any enactment authorizing the issuance of any bonds pursuant to the
8599     improvement contemplated shall have been adopted such resolution shall be [posted on the
8600     Utah Public Notice Website created in Section 63A-16-601] provided for the district, as a class
8601     A notice under Section 63G-28-102, for 20 days.
8602          (7) For a period of 20 days thereafter, any person whose property shall have been
8603     assessed and any taxpayer in the district shall have the right to institute litigation for the
8604     purpose of questioning or attacking the legality of such bonds.
8605          (8) After the expiration of such 20-day period, all proceedings theretofore had by the
8606     governing body, the bonds to be issued pursuant thereto, and the special assessments from
8607     which such bonds are to be paid, shall become incontestable, and no suit attacking or
8608     questioning the legality thereof may be instituted in this state, and no court shall have the

8609     authority to inquire into such matters.
8610          Section 153. Section 57-11-11 is amended to read:
8611          57-11-11. Rules of division -- Notice and hearing requirements -- Filing
8612     advertising material -- Injunctions -- Intervention by division in suits -- General powers
8613     of division.
8614          (1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
8615     or repealed only after a public hearing.
8616          (b) The division shall:
8617          (i) publish notice of the public hearing described in Subsection (1)(a)[:] for the state, as
8618     a class A notice under Section 63G-28-102, for at least 20 days before the day of the hearing;
8619     and
8620          [(A) once in a newspaper or newspapers with statewide circulation and at least 20 days
8621     before the hearing; and]
8622          [(B) on the Utah Public Notice Website created in Section 63A-16-601, for at least 20
8623     days before the hearing; and]
8624          (ii) send a notice to a nonprofit organization which files a written request for notice
8625     with the division at least 20 days [prior to] before the day of the hearing.
8626          (2) The rules shall include but need not be limited to:
8627          (a) provisions for advertising standards to assure full and fair disclosure; and
8628          (b) provisions for escrow or trust agreements, performance bonds, or other means
8629     reasonably necessary to assure that all improvements referred to in the application for
8630     registration and advertising will be completed and that purchasers will receive the interest in
8631     land contracted for.
8632          (3) These provisions, however, shall not be required if the city or county in which the
8633     subdivision is located requires similar means of assurance of a nature and in an amount no less
8634     adequate than is required under said rules:
8635          (a) provisions for operating procedures;
8636          (b) provisions for a shortened form of registration in cases where the division
8637     determines that the purposes of this act do not require a subdivision to be registered pursuant to
8638     an application containing all the information required by Section 57-11-6 or do not require that
8639     the public offering statement contain all the information required by Section 57-11-7; and

8640          (c) other rules necessary and proper to accomplish the purpose of this chapter.
8641          (4) The division by rule or order, after reasonable notice, may require the filing of
8642     advertising material relating to subdivided lands prior to its distribution, provided that the
8643     division must approve or reject any advertising material within 15 days from the receipt thereof
8644     or the material shall be considered approved.
8645          (5) If it appears that a person has engaged or is about to engage in an act or practice
8646     constituting a violation of a provision of this chapter or a rule or order hereunder, the agency,
8647     with or without prior administrative proceedings, may bring an action in the district court of the
8648     district where said person maintains his residence or a place of business or where said act or
8649     practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
8650     compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive
8651     relief or temporary restraining orders shall be granted, and a receiver or conservator may be
8652     appointed. The division shall not be required to post a bond in any court proceedings.
8653          (6) The division shall be allowed to intervene in a suit involving subdivided lands,
8654     either as a party or as an amicus curiae, where it appears that the interpretation or
8655     constitutionality of any provision of law will be called into question. In any suit by or against a
8656     subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
8657     of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,
8658     constitute grounds for the division withholding any approval required by this chapter.
8659          (7) The division may:
8660          (a) accept registrations filed in other states or with the federal government;
8661          (b) contract with public agencies or qualified private persons in this state or other
8662     jurisdictions to perform investigative functions; and
8663          (c) accept grants-in-aid from any source.
8664          (8) The division shall cooperate with similar agencies in other jurisdictions to establish
8665     uniform filing procedures and forms, uniform public offering statements, advertising standards,
8666     rules, and common administrative practices.
8667          Section 154. Section 57-13a-104 is amended to read:
8668          57-13a-104. Abandonment of prescriptive easement for water conveyance.
8669          (1) A holder of a prescriptive easement for a water conveyance established under
8670     Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement.

8671          (2) (a) A holder of a prescriptive easement for a water conveyance established under
8672     Section 57-13a-102 who seeks to abandon the easement or part of the easement shall[:], in each
8673     county where the easement or part of the easement is located, file in the office of the county
8674     recorder a notice of intent to abandon the prescriptive easement that describes the easement or
8675     part of the easement to be abandoned.
8676          (b) A county recorder who receives a notice of intent to abandon a prescriptive
8677     easement shall:
8678          (i) publish copies of the notice for the area generally served by the water conveyance
8679     that utilizes the easement, as a class A notice under Section 63G-28-102, for at least 45 days;
8680     and
8681          [(a) in each county where the easement or part of the easement is located, file in the
8682     office of the county recorder a notice of intent to abandon the prescriptive easement that
8683     describes the easement or part of the easement to be abandoned;]
8684          [(b) post copies of the notice of intent to abandon the prescriptive easement in three
8685     public places located within the area generally served by the water conveyance that utilizes the
8686     easement;]
8687          [(c)] (ii) mail a copy of the notice of intent to abandon the prescriptive easement to
8688     each municipal and county government where the easement or part of the easement is located[;]
8689     .
8690          [(d) post a copy of the notice of intent to abandon the prescriptive easement on the
8691     Utah Public Notice Website created in Section 63A-16-601; and]
8692          [(e)] (3) [after] After meeting the requirements of [Subsections (2)(a), (b), (c), and (d)]
8693     Subsection (2)(a) and at least 45 days after the last day on which the [holder of the easement]
8694     county recorder posts the notice of intent to abandon the prescriptive easement in accordance
8695     with Subsection (2)(b), the holder of the prescriptive easement shall file in the office of the
8696     county recorder for each county where the easement or part of the easement is located a notice
8697     of abandonment that contains the same description required by Subsection (2)(a).
8698          [(3)] (4) (a) Upon completion of the requirements described in Subsection (2) [by the
8699     holder of a prescriptive easement for a water conveyance established under Section
8700     57-13a-102]:
8701          (i) all interest to the easement or part of the easement abandoned by the holder of the

8702     easement is extinguished; and
8703          (ii) subject to each legal right that exists as described in Subsection [(3)(b)] (4)(b), the
8704     owner of a servient estate whose land was encumbered by the easement or part of the easement
8705     abandoned may reclaim the land area occupied by the former easement or part of the easement
8706     and resume full utilization of the land without liability to the former holder of the easement.
8707          (b) Abandonment of a prescriptive easement under this section does not affect a legal
8708     right to have water delivered or discharged through the water conveyance and easement
8709     established by a person other than the holder of the easement who abandons an easement as
8710     provided in this section.
8711          (5) A county recorder may bill the holder of the prescriptive easement for the cost of
8712     preparing, printing, and publishing the notice required under Subsection (2)(b).
8713          Section 155. Section 59-2-919 is amended to read:
8714          59-2-919. Notice and public hearing requirements for certain tax increases --
8715     Exceptions.
8716          (1) As used in this section:
8717          (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
8718     generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
8719          (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
8720     revenue from:
8721          (i) eligible new growth as defined in Section 59-2-924; or
8722          (ii) personal property that is:
8723          (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
8724          (B) semiconductor manufacturing equipment.
8725          (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
8726     that begins on January 1 and ends on December 31.
8727          (d) "County executive calendar year taxing entity" means a calendar year taxing entity
8728     that operates under the county executive-council form of government described in Section
8729     17-52a-203.
8730          (e) "Current calendar year" means the calendar year immediately preceding the
8731     calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
8732     calendar year taxing entity's certified tax rate.

8733          (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
8734     begins on July 1 and ends on June 30.
8735          (g) "Last year's property tax budgeted revenue" does not include revenue received by a
8736     taxing entity from a debt service levy voted on by the public.
8737          (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
8738     rate unless the taxing entity meets:
8739          (a) the requirements of this section that apply to the taxing entity; and
8740          (b) all other requirements as may be required by law.
8741          (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a
8742     calendar year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's
8743     certified tax rate if the calendar year taxing entity:
8744          (i) 14 or more days before the date of the regular general election or municipal general
8745     election held in the current calendar year, states at a public meeting:
8746          (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
8747     calendar year taxing entity's certified tax rate;
8748          (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
8749     be generated by the proposed increase in the certified tax rate; and
8750          (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
8751     based on the proposed increase described in Subsection (3)(a)(i)(B);
8752          (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
8753     accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
8754     separate item on the meeting agenda that notifies the public that the calendar year taxing entity
8755     intends to make the statement described in Subsection (3)(a)(i);
8756          (iii) meets the advertisement requirements of Subsections (6) and (7) before the
8757     calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
8758          (iv) provides notice by mail:
8759          (A) seven or more days before the regular general election or municipal general
8760     election held in the current calendar year; and
8761          (B) as provided in Subsection (3)(c); and
8762          (v) conducts a public hearing that is held:
8763          (A) in accordance with Subsections (8) and (9); and

8764          (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
8765          (b) (i) For a county executive calendar year taxing entity, the statement described in
8766     Subsection (3)(a)(i) shall be made by the:
8767          (A) county council;
8768          (B) county executive; or
8769          (C) both the county council and county executive.
8770          (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
8771     county council states a dollar amount of additional ad valorem tax revenue that is greater than
8772     the amount of additional ad valorem tax revenue previously stated by the county executive in
8773     accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
8774          (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
8775     county executive calendar year taxing entity conducts the public hearing under Subsection
8776     (3)(a)(v); and
8777          (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
8778     county executive calendar year taxing entity conducts the public hearing required by
8779     Subsection (3)(a)(v).
8780          (c) The notice described in Subsection (3)(a)(iv):
8781          (i) shall be mailed to each owner of property:
8782          (A) within the calendar year taxing entity; and
8783          (B) listed on the assessment roll;
8784          (ii) shall be printed on a separate form that:
8785          (A) is developed by the commission;
8786          (B) states at the top of the form, in bold upper-case type no smaller than 18 point
8787     "NOTICE OF PROPOSED TAX INCREASE"; and
8788          (C) may be mailed with the notice required by Section 59-2-1317;
8789          (iii) shall contain for each property described in Subsection (3)(c)(i):
8790          (A) the value of the property for the current calendar year;
8791          (B) the tax on the property for the current calendar year; and
8792          (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
8793     taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
8794     rate, the estimated tax on the property;

8795          (iv) shall contain the following statement:
8796          "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
8797     year]. This notice contains estimates of the tax on your property and the proposed tax increase
8798     on your property as a result of this tax increase. These estimates are calculated on the basis of
8799     [insert previous applicable calendar year] data. The actual tax on your property and proposed
8800     tax increase on your property may vary from this estimate.";
8801          (v) shall state the date, time, and place of the public hearing described in Subsection
8802     (3)(a)(v); and
8803          (vi) may contain other property tax information approved by the commission.
8804          (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
8805     calculate the estimated tax on property on the basis of:
8806          (i) data for the current calendar year; and
8807          (ii) the amount of additional ad valorem tax revenue stated in accordance with this
8808     section.
8809          (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
8810     that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
8811          (a) provides notice by meeting the advertisement requirements of Subsections (6) and
8812     (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
8813     taxing entity's annual budget is adopted; and
8814          (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
8815     fiscal year taxing entity's annual budget is adopted.
8816          (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
8817     of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
8818     the requirements of this section.
8819          (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
8820     (4) if:
8821          (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that
8822     certified tax rate without having to comply with the notice provisions of this section; or
8823          (ii) the taxing entity:
8824          (A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal year;
8825     and

8826          (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
8827     revenue.
8828          (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
8829     section shall be published:
8830          (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
8831     general circulation in the taxing entity;
8832          (ii) electronically in accordance with Section 45-1-101; and
8833          [(iii) on the Utah Public Notice Website created in Section 63A-16-601]
8834          (iii) for the taxing entity, as a class A notice under Section 63G-28-102, for at least 14
8835     days.
8836          (b) The advertisement described in Subsection (6)(a)(i) shall:
8837          (i) be no less than 1/4 page in size;
8838          (ii) use type no smaller than 18 point; and
8839          (iii) be surrounded by a 1/4-inch border.
8840          (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
8841     portion of the newspaper where legal notices and classified advertisements appear.
8842          (d) It is the intent of the Legislature that:
8843          (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
8844     newspaper that is published at least one day per week; and
8845          (ii) the newspaper or combination of newspapers selected:
8846          (A) be of general interest and readership in the taxing entity; and
8847          (B) not be of limited subject matter.
8848          (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
8849          (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
8850     before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
8851     and
8852          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
8853     advertisement, which shall be seven or more days after the day the first advertisement is
8854     published, for the purpose of hearing comments regarding any proposed increase and to explain
8855     the reasons for the proposed increase.
8856          (ii) The advertisement described in Subsection (6)(a)(ii) shall:

8857          (A) be published two weeks before a taxing entity conducts a public hearing described
8858     in Subsection (3)(a)(v) or (4)(b); and
8859          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
8860     advertisement, which shall be seven or more days after the day the first advertisement is
8861     published, for the purpose of hearing comments regarding any proposed increase and to explain
8862     the reasons for the proposed increase.
8863          (f) If a fiscal year taxing entity's public hearing information is published by the county
8864     auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
8865     requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
8866     the advertisement once during the week before the fiscal year taxing entity conducts a public
8867     hearing at which the taxing entity's annual budget is discussed.
8868          (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
8869     advertisement shall be substantially as follows:
8870          
"NOTICE OF PROPOSED TAX INCREASE

8871          
(NAME OF TAXING ENTITY)

8872          The (name of the taxing entity) is proposing to increase its property tax revenue.
8873          •     The (name of the taxing entity) tax on a (insert the average value of a residence
8874     in the taxing entity rounded to the nearest thousand dollars) residence would increase from
8875     $______ to $________, which is $_______ per year.
8876          •     The (name of the taxing entity) tax on a (insert the value of a business having
8877     the same value as the average value of a residence in the taxing entity) business would increase
8878     from $________ to $_______, which is $______ per year.
8879          •     If the proposed budget is approved, (name of the taxing entity) would increase
8880     its property tax budgeted revenue by ___% above last year's property tax budgeted revenue
8881     excluding eligible new growth.
8882          All concerned citizens are invited to a public hearing on the tax increase.
8883          
PUBLIC HEARING

8884          Date/Time:     (date) (time)
8885          Location:     (name of meeting place and address of meeting place)
8886          To obtain more information regarding the tax increase, citizens may contact the (name
8887     of the taxing entity) at (phone number of taxing entity)."

8888          (7) The commission:
8889          (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
8890     Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
8891     two or more taxing entities; and
8892          (b) subject to Section 45-1-101, may authorize:
8893          (i) the use of a weekly newspaper:
8894          (A) in a county having both daily and weekly newspapers if the weekly newspaper
8895     would provide equal or greater notice to the taxpayer; and
8896          (B) if the county petitions the commission for the use of the weekly newspaper; or
8897          (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
8898     if:
8899          (A) the cost of the advertisement would cause undue hardship;
8900          (B) the direct notice is different and separate from that provided for in Section
8901     59-2-919.1; and
8902          (C) the taxing entity petitions the commission for the use of a commission approved
8903     direct notice.
8904          (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
8905     legislative body in which the fiscal year taxing entity is located of the date, time, and place of
8906     the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
8907          (B) A county that receives notice from a fiscal year taxing entity under Subsection
8908     (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
8909     of the public hearing described in Subsection (8)(a)(i)(A).
8910          (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
8911     year, notify the county legislative body in which the calendar year taxing entity is located of the
8912     date, time, and place of the first public hearing at which the calendar year taxing entity's annual
8913     budget will be discussed.
8914          (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
8915          (A) open to the public; and
8916          (B) held at a meeting of the taxing entity with no items on the agenda other than
8917     discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
8918     entity's certified tax rate, the taxing entity's budget, a local district's or special service district's

8919     fee implementation or increase, or a combination of these items.
8920          (ii) The governing body of a taxing entity conducting a public hearing described in
8921     Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
8922     opportunity to present oral testimony:
8923          (A) within reasonable time limits; and
8924          (B) without unreasonable restriction on the number of individuals allowed to make
8925     public comment.
8926          (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
8927     public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
8928     of another overlapping taxing entity in the same county.
8929          (ii) The taxing entities in which the power to set tax levies is vested in the same
8930     governing board or authority may consolidate the public hearings described in Subsection
8931     (3)(a)(v) or (4)(b) into one public hearing.
8932          (d) A county legislative body shall resolve any conflict in public hearing dates and
8933     times after consultation with each affected taxing entity.
8934          (e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
8935     (4)(b) beginning at or after 6 p.m.
8936          (ii) If a taxing entity holds a public meeting for the purpose of addressing general
8937     business of the taxing entity on the same date as a public hearing described in Subsection
8938     (3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
8939     the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
8940          (f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
8941     public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
8942     hearing of the taxing entity.
8943          (ii) A taxing entity may hold the following hearings on the same date as a public
8944     hearing described in Subsection (3)(a)(v) or (4)(b):
8945          (A) a budget hearing;
8946          (B) if the taxing entity is a local district or a special service district, a fee hearing
8947     described in Section 17B-1-643;
8948          (C) if the taxing entity is a town, an enterprise fund hearing described in Section
8949     10-5-107.5; or

8950          (D) if the taxing entity is a city, an enterprise fund hearing described in Section
8951     10-6-135.5.
8952          (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
8953     valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
8954     entity shall:
8955          (i) announce at that public hearing the scheduled time and place of the next public
8956     meeting at which the taxing entity will consider budgeting the additional ad valorem tax
8957     revenue; and
8958          (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
8959     in Subsection (9)(a)(i) before September 1.
8960          (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
8961     of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
8962     tax revenue stated at a public meeting under Subsection (3)(a)(i).
8963          (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
8964     certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
8965     annual budget.
8966          Section 156. Section 59-2-919.2 is amended to read:
8967          59-2-919.2. Consolidated advertisement of public hearings.
8968          (1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
8969     entity provides the notice to the county required under Subsection 59-2-919(8)(a)(i), the taxing
8970     entity shall provide to the county auditor the information required by Subsection
8971     59-2-919(8)(a)(i).
8972          (b) A taxing entity is not required to notify the county auditor of the taxing entity's
8973     public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
8974     notice requirements of Section 59-2-919.
8975          (2) If as of July 22, two or more taxing entities notify the county auditor under
8976     Subsection (1), the county auditor shall by no later than July 22 of each year:
8977          (a) compile a list of the taxing entities that notify the county auditor under Subsection
8978     (1);
8979          (b) include on the list described in Subsection (2)(a), the following information for
8980     each taxing entity on the list:

8981          (i) the name of the taxing entity;
8982          (ii) the date, time, and location of the public hearing described in Subsection
8983     59-2-919(8)(a)(i);
8984          (iii) the average dollar increase on a residence in the taxing entity that the proposed tax
8985     increase would generate; and
8986          (iv) the average dollar increase on a business in the taxing entity that the proposed tax
8987     increase would generate;
8988          (c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
8989     notifies the county auditor under Subsection (1); and
8990          (d) in addition to the requirements of Subsection (3), if the county has a webpage,
8991     publish a copy of the list described in Subsection (2)(a) on the county's webpage until
8992     December 31.
8993          (3) (a) At least two weeks before any public hearing included in the list under
8994     Subsection (2) is held, the county auditor shall publish:
8995          (i) the list compiled under Subsection (2); and
8996          (ii) a statement that:
8997          (A) the list is for informational purposes only;
8998          (B) the list should not be relied on to determine a person's tax liability under this
8999     chapter; and
9000          (C) for specific information related to the tax liability of a taxpayer, the taxpayer
9001     should review the taxpayer's tax notice received under Section 59-2-919.1.
9002          (b) Except as provided in Subsection (3)(d)(ii), the information described in Subsection
9003     (3)(a) shall be published:
9004          (i) in no less than 1/4 page in size;
9005          (ii) in type no smaller than 18 point; and
9006          (iii) surrounded by a 1/4-inch border.
9007          (c) The published information described in Subsection (3)(a) and published in
9008     accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
9009     legal notice or classified advertisement appears.
9010          (d) A county auditor shall publish the information described in Subsection (3)(a):
9011          (i) (A) in a newspaper or combination of newspapers that are:

9012          (I) published at least one day per week;
9013          (II) of general interest and readership in the county; and
9014          (III) not of limited subject matter; and
9015          (B) once each week for the two weeks preceding the first hearing included in the list
9016     compiled under Subsection (2); and
9017          (ii) for two weeks preceding the the day of the first hearing included in the list
9018     compiled under Subsection (2):
9019          (A) as required in Section 45-1-101; and
9020          [(B) on the Utah Public Notice Website created in Section 63A-16-601]
9021          (B) for the county, as a class A notice under Section 63G-28-102.
9022          (4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
9023     the list described in Subsection (2)(c) to a person:
9024          (a) who attends the public hearing described in Subsection 59-2-919(8)(a)(i) of the
9025     taxing entity; or
9026          (b) who requests a copy of the list.
9027          (5) (a) A county auditor shall by no later than 30 days from the day on which the last
9028     publication of the information required by Subsection (3)(a) is made:
9029          (i) determine the costs of compiling and publishing the list; and
9030          (ii) charge each taxing entity included on the list an amount calculated by dividing the
9031     amount determined under Subsection (5)(a) by the number of taxing entities on the list.
9032          (b) A taxing entity shall pay the county auditor the amount charged under Subsection
9033     (5)(a).
9034          (6) The publication of the list under this section does not remove or change the notice
9035     requirements of Section 59-2-919 for a taxing entity.
9036          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9037     commission may make rules:
9038          (a) relating to the publication of a consolidated advertisement which includes the
9039     information described in Subsection (2) for a taxing entity that overlaps two or more counties;
9040          (b) relating to the payment required in Subsection (5)(b); and
9041          (c) to oversee the administration of this section and provide for uniform
9042     implementation.

9043          Section 157. Section 59-12-402 is amended to read:
9044          59-12-402. Additional resort communities sales and use tax -- Base -- Rate --
9045     Collection fees -- Resolution and voter approval requirements -- Election requirements --
9046     Notice requirements -- Ordinance requirements -- Prohibition of military installation
9047     development authority imposition of tax.
9048          (1) (a) Subject to Subsections (2) through (6), the governing body of a municipality in
9049     which the transient room capacity as defined in Section 59-12-405 is greater than or equal to
9050     66% of the municipality's permanent census population may, in addition to the sales tax
9051     authorized under Section 59-12-401, impose an additional resort communities sales tax in an
9052     amount that is less than or equal to .5% on the transactions described in Subsection
9053     59-12-103(1) located within the municipality.
9054          (b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
9055     impose a tax under this section on:
9056          (i) the sale of:
9057          (A) a motor vehicle;
9058          (B) an aircraft;
9059          (C) a watercraft;
9060          (D) a modular home;
9061          (E) a manufactured home; or
9062          (F) a mobile home;
9063          (ii) the sales and uses described in Section 59-12-104 to the extent the sales and uses
9064     are exempt from taxation under Section 59-12-104; and
9065          (iii) except as provided in Subsection (1)(d), amounts paid or charged for food and
9066     food ingredients.
9067          (c) For purposes of this Subsection (1), the location of a transaction shall be
9068     determined in accordance with Sections 59-12-211 through 59-12-215.
9069          (d) A municipality imposing a tax under this section shall impose the tax on the
9070     purchase price or sales price for amounts paid or charged for food and food ingredients if the
9071     food and food ingredients are sold as part of a bundled transaction attributable to food and food
9072     ingredients and tangible personal property other than food and food ingredients.
9073          (2) (a) An amount equal to the total of any costs incurred by the state in connection

9074     with the implementation of Subsection (1) which exceed, in any year, the revenues received by
9075     the state from its collection fees received in connection with the implementation of Subsection
9076     (1) shall be paid over to the state General Fund by the cities and towns which impose the tax
9077     provided for in Subsection (1).
9078          (b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among
9079     those cities and towns according to the amount of revenue the respective cities and towns
9080     generate in that year through imposition of that tax.
9081          (3) To impose an additional resort communities sales tax under this section, the
9082     governing body of the municipality shall:
9083          (a) pass a resolution approving the tax; and
9084          (b) except as provided in Subsection (6), obtain voter approval for the tax as provided
9085     in Subsection (4).
9086          (4) To obtain voter approval for an additional resort communities sales tax under
9087     Subsection (3)(b), a municipality shall:
9088          (a) hold the additional resort communities sales tax election during:
9089          (i) a regular general election; or
9090          (ii) a municipal general election; and
9091          (b) post notice of the election[:] for the municipality, as a class A notice under Section
9092     63G-28-102, for at least 15 days before the day on which the election is held.
9093          [(i) 15 days or more before the day on which the election is held; and]
9094          [(ii) on the Utah Public Notice Website created in Section 63A-16-601.]
9095          (5) An ordinance approving an additional resort communities sales tax under this
9096     section shall provide an effective date for the tax as provided in Section 59-12-403.
9097          (6) (a) Except as provided in Subsection (6)(b), a municipality is not subject to the
9098     voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
9099     municipality imposed a license fee or tax on businesses based on gross receipts pursuant to
9100     Section 10-1-203.
9101          (b) The exception from the voter approval requirements in Subsection (6)(a) does not
9102     apply to a municipality that, on or before January 1, 1996, imposed a license fee or tax on only
9103     one class of businesses based on gross receipts pursuant to Section 10-1-203.
9104          (7) A military installation development authority authorized to impose a resort

9105     communities tax under Section 59-12-401 may not impose an additional resort communities
9106     sales tax under this section.
9107          Section 158. Section 59-12-1102 is amended to read:
9108          59-12-1102. Base -- Rate -- Imposition of tax -- Distribution of revenue --
9109     Administration -- Administrative charge -- Commission requirement to retain an amount
9110     to be deposited into the Qualified Emergency Food Agencies Fund -- Enactment or repeal
9111     of tax -- Effective date -- Notice requirements.
9112          (1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
9113     authorized by this chapter, a county may impose by ordinance a county option sales and use tax
9114     of .25% upon the transactions described in Subsection 59-12-103(1).
9115          (ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
9116     section on the sales and uses described in Section 59-12-104 to the extent the sales and uses are
9117     exempt from taxation under Section 59-12-104.
9118          (b) For purposes of this Subsection (1), the location of a transaction shall be
9119     determined in accordance with Sections 59-12-211 through 59-12-215.
9120          (c) The county option sales and use tax under this section shall be imposed:
9121          (i) upon transactions that are located within the county, including transactions that are
9122     located within municipalities in the county; and
9123          (ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
9124     January:
9125          (A) of the next calendar year after adoption of the ordinance imposing the tax if the
9126     ordinance is adopted on or before May 25; or
9127          (B) of the second calendar year after adoption of the ordinance imposing the tax if the
9128     ordinance is adopted after May 25.
9129          (d) The county option sales and use tax under this section shall be imposed:
9130          (i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
9131     September 4, 1997; or
9132          (ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
9133     but after September 4, 1997.
9134          (2) (a) Before imposing a county option sales and use tax under Subsection (1), a
9135     county shall hold two public hearings on separate days in geographically diverse locations in

9136     the county.
9137          (b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
9138     time of no earlier than 6 p.m.
9139          (ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
9140     days after the day the first advertisement required by Subsection (2)(c) is published.
9141          (c) (i) Before holding the public hearings required by Subsection (2)(a), the county
9142     shall advertise:
9143          (A) its intent to adopt a county option sales and use tax;
9144          (B) the date, time, and location of each public hearing; and
9145          (C) a statement that the purpose of each public hearing is to obtain public comments
9146     regarding the proposed tax.
9147          (ii) The advertisement shall be published:
9148          (A) in a newspaper of general circulation in the county once each week for the two
9149     weeks preceding the earlier of the two public hearings; and
9150          (B) [on the Utah Public Notice Website created in Section 63A-16-601] for the county,
9151     as a class A notice under Section 63G-28-102, for two weeks [preceding] before the [earlier of]
9152     day on which the first of the two public hearings is held.
9153          (iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
9154     page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
9155     border.
9156          (iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
9157     portion of the newspaper where legal notices and classified advertisements appear.
9158          (v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
9159          (A) the advertisement shall appear in a newspaper that is published at least five days a
9160     week, unless the only newspaper in the county is published less than five days a week; and
9161          (B) the newspaper selected shall be one of general interest and readership in the
9162     community, and not one of limited subject matter.
9163          (d) The adoption of an ordinance imposing a county option sales and use tax is subject
9164     to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
9165     6, Local Referenda - Procedures.
9166          (3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing a

9167     county option sales and use tax under Subsection (1) is less than 75% of the state population,
9168     the tax levied under Subsection (1) shall be distributed to the county in which the tax was
9169     collected.
9170          (b) Subject to Subsection (5), if the aggregate population of the counties imposing a
9171     county option sales and use tax under Subsection (1) is greater than or equal to 75% of the state
9172     population:
9173          (i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
9174     the county in which the tax was collected; and
9175          (ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
9176     (1) in each county shall be distributed proportionately among all counties imposing the tax,
9177     based on the total population of each county.
9178          (c) Except as provided in Subsection (5), the amount to be distributed annually to a
9179     county under Subsection (3)(b)(ii), when combined with the amount distributed to the county
9180     under Subsection (3)(b)(i), does not equal at least $75,000, then:
9181          (i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
9182     be increased so that, when combined with the amount distributed to the county under
9183     Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
9184          (ii) the amount to be distributed annually to all other counties under Subsection
9185     (3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
9186     Subsection (3)(c)(i).
9187          (d) The commission shall establish rules to implement the distribution of the tax under
9188     Subsections (3)(a), (b), and (c).
9189          (4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
9190     shall be administered, collected, and enforced in accordance with:
9191          (i) the same procedures used to administer, collect, and enforce the tax under:
9192          (A) Part 1, Tax Collection; or
9193          (B) Part 2, Local Sales and Use Tax Act; and
9194          (ii) Chapter 1, General Taxation Policies.
9195          (b) A tax under this part is not subject to Subsections 59-12-205(2) through (6).
9196          (c) (i) Subject to Subsection (4)(c)(ii), the commission shall retain and deposit an
9197     administrative charge in accordance with Section 59-1-306 from the revenue the commission

9198     collects from a tax under this part.
9199          (ii) Notwithstanding Section 59-1-306, the administrative charge described in
9200     Subsection (4)(c)(i) shall be calculated by taking a percentage described in Section 59-1-306 of
9201     the distribution amounts resulting after:
9202          (A) the applicable distribution calculations under Subsection (3) have been made; and
9203          (B) the commission retains the amount required by Subsection (5).
9204          (5) (a) Beginning on July 1, 2009, the commission shall calculate and retain a portion
9205     of the sales and use tax collected under this part as provided in this Subsection (5).
9206          (b) For a county that imposes a tax under this part, the commission shall calculate a
9207     percentage each month by dividing the sales and use tax collected under this part for that
9208     month within the boundaries of that county by the total sales and use tax collected under this
9209     part for that month within the boundaries of all of the counties that impose a tax under this part.
9210          (c) For a county that imposes a tax under this part, the commission shall retain each
9211     month an amount equal to the product of:
9212          (i) the percentage the commission determines for the month under Subsection (5)(b)
9213     for the county; and
9214          (ii) $6,354.
9215          (d) The commission shall deposit an amount the commission retains in accordance
9216     with this Subsection (5) into the Qualified Emergency Food Agencies Fund created by Section
9217     35A-8-1009.
9218          (e) An amount the commission deposits into the Qualified Emergency Food Agencies
9219     Fund shall be expended as provided in Section 35A-8-1009.
9220          (6) (a) For purposes of this Subsection (6):
9221          (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County
9222     Consolidations and Annexations.
9223          (ii) "Annexing area" means an area that is annexed into a county.
9224          (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a
9225     county enacts or repeals a tax under this part:
9226          (A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
9227          (II) the repeal shall take effect on the first day of a calendar quarter; and
9228          (B) after a 90-day period beginning on the date the commission receives notice meeting

9229     the requirements of Subsection (6)(b)(ii) from the county.
9230          (ii) The notice described in Subsection (6)(b)(i)(B) shall state:
9231          (A) that the county will enact or repeal a tax under this part;
9232          (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
9233          (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
9234          (D) if the county enacts the tax described in Subsection (6)(b)(ii)(A), the rate of the
9235     tax.
9236          (c) (i) If the billing period for a transaction begins before the effective date of the
9237     enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
9238     of the first billing period that begins on or after the effective date of the enactment of the tax.
9239          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
9240     period is produced on or after the effective date of the repeal of the tax imposed under
9241     Subsection (1).
9242          (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
9243     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
9244     Subsection (6)(b)(i) takes effect:
9245          (A) on the first day of a calendar quarter; and
9246          (B) beginning 60 days after the effective date of the enactment or repeal under
9247     Subsection (6)(b)(i).
9248          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9249     commission may by rule define the term "catalogue sale."
9250          (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
9251     on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
9252     part for an annexing area, the enactment or repeal shall take effect:
9253          (A) on the first day of a calendar quarter; and
9254          (B) after a 90-day period beginning on the date the commission receives notice meeting
9255     the requirements of Subsection (6)(e)(ii) from the county that annexes the annexing area.
9256          (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
9257          (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
9258     repeal of a tax under this part for the annexing area;
9259          (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);

9260          (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
9261          (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
9262          (f) (i) If the billing period for a transaction begins before the effective date of the
9263     enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
9264     of the first billing period that begins on or after the effective date of the enactment of the tax.
9265          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
9266     period is produced on or after the effective date of the repeal of the tax imposed under
9267     Subsection (1).
9268          (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
9269     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
9270     Subsection (6)(e)(i) takes effect:
9271          (A) on the first day of a calendar quarter; and
9272          (B) beginning 60 days after the effective date of the enactment or repeal under
9273     Subsection (6)(e)(i).
9274          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9275     commission may by rule define the term "catalogue sale."
9276          Section 159. Section 59-12-2208 is amended to read:
9277          59-12-2208. Legislative body approval requirements -- Notice -- Voter approval
9278     requirements.
9279          (1) Subject to the other provisions of this section, before imposing a sales and use tax
9280     under this part, a county, city, or town legislative body shall:
9281          (a) obtain approval to impose the sales and use tax from a majority of the members of
9282     the county, city, or town legislative body; and
9283          (b) submit an opinion question to the county's, city's, or town's registered voters voting
9284     on the imposition of the sales and use tax so that each registered voter has the opportunity to
9285     express the registered voter's opinion on whether a sales and use tax should be imposed under
9286     this section.
9287          (2) The opinion question required by this section shall state:
9288          "Shall (insert the name of the county, city, or town), Utah, be authorized to impose a
9289     (insert the tax rate of the sales and use tax) sales and use tax for (list the purposes for which the
9290     revenues collected from the sales and use tax shall be expended)?"

9291          (3) (a) Subject to Subsection (3)(b), the election required by this section shall be held:
9292          (i) at a regular general election conducted in accordance with the procedures and
9293     requirements of Title 20A, Election Code, governing regular general elections; or
9294          (ii) at a municipal general election conducted in accordance with the procedures and
9295     requirements of Section 20A-1-202.
9296          (b) (i) Subject to Subsection (3)(b)(ii), the county clerk of the county in which the
9297     opinion question required by this section will be submitted to registered voters shall[, no later
9298     than]:
9299          (A) provide notice for the county, city, or town, as a class A notice under Section
9300     63G-28-102, for at least 15 days before the date of the election[:]; and
9301          [(A) post a notice on the Utah Public Notice Website created in Section 63A-16-601;
9302     or]
9303          [(B) (I) cause a copy of the notice to be posted in a conspicuous place most likely to
9304     give notice of the election to the registered voters voting on the imposition of the sales and use
9305     tax; and]
9306          [(II)] (B) prepare an affidavit of that posting, showing a copy of the notice and the
9307     places where the notice was posted.
9308          (ii) The notice under Subsection (3)(b)(i) shall:
9309          (A) state that an opinion question will be submitted to the county's, city's, or town's
9310     registered voters voting on the imposition of a sales and use tax under this section so that each
9311     registered voter has the opportunity to express the registered voter's opinion on whether a sales
9312     and use tax should be imposed under this section; and
9313          (B) list the purposes for which the revenues collected from the sales and use tax shall
9314     be expended.
9315          (4) A county, city, or town that submits an opinion question to registered voters under
9316     this section is subject to Section 20A-11-1203.
9317          (5) Subject to Section 59-12-2209, if a county, city, or town legislative body
9318     determines that a majority of the county's, city's, or town's registered voters voting on the
9319     imposition of a sales and use tax under this part have voted in favor of the imposition of the
9320     sales and use tax in accordance with this section, the county, city, or town legislative body shall
9321     impose the sales and use tax.

9322          (6) If, after imposing a sales and use tax under this part, a county, city, or town
9323     legislative body seeks to impose a tax rate for the sales and use tax that exceeds or is less than
9324     the tax rate stated in the opinion question described in Subsection (2) or repeals the tax rate
9325     stated in the opinion question described in Subsection (2), the county, city, or town legislative
9326     body shall:
9327          (a) obtain approval from a majority of the members of the county, city, or town
9328     legislative body to impose a tax rate for the sales and use tax that exceeds or is less than the tax
9329     rate stated in the opinion question described in Subsection (2) or repeals the tax rate stated in
9330     the opinion question described in Subsection (2); and
9331          (b) in accordance with the procedures and requirements of this section, submit an
9332     opinion question to the county's, city's, or town's registered voters voting on the tax rate so that
9333     each registered voter has the opportunity to express the registered voter's opinion on whether to
9334     impose a tax rate for the sales and use tax that exceeds or is less than the tax rate stated in the
9335     opinion question described in Subsection (2) or repeal the tax rate stated in the opinion
9336     question described in Subsection (2).
9337          Section 160. Section 62A-5-202.5 is amended to read:
9338          62A-5-202.5. Utah State Developmental Center Board -- Creation -- Membership
9339     -- Duties -- Powers.
9340          (1) There is created the Utah State Developmental Center Board within the Department
9341     of Health and Human Services.
9342          (2) The board is composed of nine members as follows:
9343          (a) the director of the division or the director's designee;
9344          (b) the superintendent of the developmental center or the superintendent's designee;
9345          (c) the executive director of the Department of Health and Human Services or the
9346     executive director's designee;
9347          (d) a resident of the developmental center selected by the superintendent; and
9348          (e) five members appointed by the governor with the advice and consent of the Senate
9349     as follows:
9350          (i) three members of the general public; and
9351          (ii) two members who are parents or guardians of individuals who receive services at
9352     the developmental center.

9353          (3) In making appointments to the board, the governor shall ensure that:
9354          (a) no more than three members have immediate family residing at the developmental
9355     center; and
9356          (b) members represent a variety of geographic areas and economic interests of the state.
9357          (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
9358     term of four years.
9359          (b) An appointed member may not serve more than two full consecutive terms unless
9360     the governor determines that an additional term is in the best interest of the state.
9361          (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
9362     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
9363     of appointed members are staggered so that approximately half of the appointed members are
9364     appointed every two years.
9365          (d) Appointed members shall continue in office until the expiration of their terms and
9366     until their successors are appointed, which may not exceed 120 days after the formal expiration
9367     of a term.
9368          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
9369     appointed for the unexpired term.
9370          (5) (a) The director shall serve as the chair.
9371          (b) The board shall appoint a member to serve as vice chair.
9372          (c) The board shall hold meetings quarterly or as needed.
9373          (d) Five members are necessary to constitute a quorum at any meeting, and, if a
9374     quorum exists, the action of the majority of members present shall be the action of the board.
9375          (e) The chair shall be a non-voting member except that the chair may vote to break a tie
9376     vote between the voting members.
9377          (6) An appointed member may not receive compensation or benefits for the member's
9378     service, but, at the executive director's discretion, may receive per diem and travel expenses in
9379     accordance with:
9380          (a) Section 63A-3-106;
9381          (b) Section 63A-3-107; and
9382          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
9383     63A-3-107.

9384          (7) (a) The board shall adopt bylaws governing the board's activities.
9385          (b) Bylaws shall include procedures for removal of a member who is unable or
9386     unwilling to fulfill the requirements of the member's appointment.
9387          (8) The board shall:
9388          (a) act for the benefit of the developmental center and the division;
9389          (b) advise and assist the division with the division's functions, operations, and duties
9390     related to the developmental center, described in Sections 62A-5-102, 62A-5-103, 62A-5-201,
9391     62A-5-203, and 62A-5-206;
9392          (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
9393     described in Section 62A-5-206.5;
9394          (d) administer the Utah State Developmental Center Land Fund, as described in
9395     Section 62A-5-206.6;
9396          (e) approve the sale, lease, or other disposition of real property or water rights
9397     associated with the developmental center, as described in Subsection 62A-5-206.6(2); and
9398          (f) within 21 days after the day on which the board receives the notice required under
9399     Subsection [10-2-419(3)(c)] 10-2-419(3)(b), provide a written opinion regarding the proposed
9400     boundary adjustment to:
9401          (i) the director of the Division of Facilities and Construction Management; and
9402          (ii) the Legislative Management Committee.
9403          Section 161. Section 63A-5b-305 is amended to read:
9404          63A-5b-305. Duties and authority of director.
9405          (1) The director shall:
9406          (a) administer the division's duties and responsibilities;
9407          (b) report all property acquired by the state, except property acquired by an institution
9408     of higher education or the trust lands administration, to the director of the Division of Finance
9409     for inclusion in the state's financial records;
9410          (c) after receiving the notice required under Subsection [10-2-419(3)(c)]
9411     10-2-419(3)(b), file a written protest at or before the public hearing under Subsection
9412     10-2-419(2)(b), if:
9413          (i) it is in the best interest of the state to protest the boundary adjustment; or
9414          (ii) the Legislature instructs the director to protest the boundary adjustment; and

9415          (d) take all other action that the director is required to take under this chapter or other
9416     applicable statute.
9417          (2) The director may:
9418          (a) create forms and make policies necessary for the division or director to perform the
9419     division or director's duties;
9420          (b) (i) hire or otherwise procure assistance and service, professional, skilled, or
9421     otherwise, necessary to carry out the director's duties under this chapter; and
9422          (ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through
9423     annual operation budget appropriations or from other nonlapsing project funds;
9424          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
9425     make rules necessary for the division or director to perform the division or director's duties;
9426     and
9427          (d) take all other action necessary for carrying out the purposes of this chapter.
9428          Section 162. Section 63A-16-602 is amended to read:
9429          63A-16-602. Notice and training by the Division of Archives and Records Service.
9430          (1) The Division of Archives and Records Service shall provide notice of the
9431     provisions and requirements of this chapter to all public bodies that are subject to the provision
9432     of Subsection [52-4-202(3)(a)(ii)] 52-4-202(3)(a).
9433          (2) The Division of Archives and Records Service shall, as necessary, provide periodic
9434     training on the use of the website to public bodies that are authorized to post notice on the
9435     website.
9436          Section 163. Section 63G-28-101 is enacted to read:
9437     
CHAPTER 28. PUBLIC NOTICE

9438          63G-28-101. Definitions.
9439          As used in this chapter:
9440          (1) "Affected area" means:
9441          (a) the area that is designated in statute, county ordinance, or municipal ordinance as
9442     the area for which public notice must be provided;
9443          (b) in relation to a statute, if no affected area is designated in the statute, the affected
9444     area is the state;
9445          (c) in relation to a county ordinance, if no affected area is designated in the county

9446     ordinance, the affected area is the county; or
9447          (d) in relation to a municipal ordinance, if no affected area is designated in the
9448     municipal ordinance, the affected area is the municipality.
9449          (2) "Government official" means an individual elected or appointed to a state office,
9450     county office, municipal office, school board, school district office, local district office, or
9451     special service district office.
9452          (3) "Notice summary statement" means a statement that includes the following in
9453     relation to a public notice:
9454          (a) a title that accurately describes the purpose or subject of the public notice;
9455          (b) the name of the public body, or the name and title of the government official, that
9456     provides the public notice;
9457          (c) a statement that clearly describes the matter for which the public notice is given;
9458          (d) a general description of the area to which the public notice relates;
9459          (e) the dates and deadlines applicable to the matter for which the public notice is given;
9460     and
9461          (f) information specifying where a person may obtain a copy of the complete public
9462     notice, including:
9463          (i) the web address for the Utah Public Notice Website;
9464          (ii) if the public body or government official maintains a public website, the web
9465     address where the public notice is located;
9466          (iii) the address of a physical location where a copy of the public notice may be viewed
9467     or obtained; and
9468          (iv) a telephone number that an individual may call to request a copy of the public
9469     notice.
9470          (4) "Public body" means the same as that term is defined in Section 52-4-103.
9471          (5) "Public location" means:
9472          (a) a location that is open to the general public, regardless of whether the location is
9473     owned by a public entity, a private entity, or an individual; or
9474          (b) a location that is not open to the general public, but where the notice is clearly
9475     visible to, and may easily be read by, an individual while the individual is present in a location
9476     described in Subsection (5)(a).

9477          (6) "Public notice" means a notice that is required to be provided to the public by a
9478     public body or a government official.
9479          (7) "Utah Public Notice Website" means the Utah Public Notice Website created in
9480     Section 63A-16-601.
9481          Section 164. Section 63G-28-102 is enacted to read:
9482          63G-28-102. Public notice classifications and requirements.
9483          (1) A public body or a government official that is required to provide a class A notice:
9484          (a) shall publish the public notice on the Utah Public Notice Website;
9485          (b) shall publish the public notice on the public body's or government official's official
9486     website, if the public body or government official:
9487          (i) maintains an official website; and
9488          (ii) has an annual operating budget of $250,000 or more; and
9489          (c) except as provided in Subsection (4), and subject to Subsection (5), post the public
9490     notice in connection with the affected area as follows:
9491          (i) if the affected area is a municipality with a population of less than 2,000, in a public
9492     location in or near the affected area that is reasonably likely to be seen by residents of the
9493     affected area;
9494          (ii) if the affected area is a proposed municipality with a population of less than 2,000,
9495     in a public location in or near the affected area that is reasonably likely to be seen by residents
9496     of the affected area;
9497          (iii) if the affected area is an area other than an area described in Subsections (1)(c)(i),
9498     (1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected area that is
9499     reasonably likely to be seen by:
9500          (A) residents of the affected area; or
9501          (B) if there are no residents within the affected area, individuals who pass through or
9502     near the affected area;
9503          (iv) if the affected area is a county, in a public location within the county that is
9504     reasonably likely to be seen by residents of the county;
9505          (v) if the affected area is a municipality with a population of 2,000 or more, or a
9506     proposed municipality with a population of 2,000 or more, in a public location within the
9507     municipality or proposed municipality that is reasonably likely to be seen by residents of the

9508     municipality or proposed municipality;
9509          (vi) if the affected area is a public street, on or adjacent to the public street;
9510          (vii) if the affected area is an easement:
9511          (A) on or adjacent to the easement; or
9512          (B) in a public location that is reasonably likely to be seen by persons who are likely to
9513     be impacted by the easement; or
9514          (viii) if the affected area is an interlocal entity, within, or as applicable near, each
9515     jurisdiction that is part of the interlocal entity, in accordance with the provisions of this
9516     Subsection (1) that apply to that jurisdiction.
9517          (2) Subject to Subsection (5), a public body or a government official that is required to
9518     provide a class B notice shall:
9519          (a) comply with the requirements described in Subsection (1) for a class A notice;
9520          (b) if a statute, county ordinance, or municipal ordinance requires that the notice be
9521     provided for a designated geographic area, mail or otherwise deliver the public notice or a
9522     notice summary statement to each residence within, and, in accordance with Subsection (3), to
9523     each owner of real property located within, the designated geographic area; and
9524          (c) if a statute, county ordinance, or municipal ordinance requires that the notice be
9525     provided to one or more designated persons or real property owners, mail or otherwise deliver
9526     the public notice or a notice summary statement, in accordance with Subsection (3), to each
9527     designated person and real property owner.
9528          (3) When providing notice to a real property owner under Subsection (2)(b) or (c), the
9529     public body or government official shall:
9530          (a) use the current residential or business address of the real property owner;
9531          (b) if the public body or government official is not reasonably able to obtain the
9532     address described in Subsection (3)(a), use the last known address of the real property owner
9533     that the public body or government official is able to obtain via a reasonable inquiry into public
9534     records; or
9535          (c) if the public body or government official is not reasonably able to obtain an address
9536     described in Subsection (3)(a) or (b), post the notice on the real property.
9537          (4) A government official, a public body, or any other body that is required to post
9538     notice under Subsection (1) is not required to comply with Subsection (1)(c) if:

9539          (a) the affected area is the state;
9540          (b) the body is a specified body, as defined in Section 52-4-103;
9541          (c) the public body is the Legislature or a public body within the state legislative
9542     branch; or
9543          (d) the government official is required to post the notice on behalf of a body described
9544     in Subsection (4)(b) or (c).
9545          (5) If a statute, ordinance, or rule requires a public body or government official to
9546     provide notice for a period of time:
9547          (a) in relation to posting the notice on the Utah Public Notice Website, the requirement
9548     is not violated due to temporary technological issues that interrupt the posting, unless the
9549     posting is interrupted for more than 25% of the required posting time;
9550          (b) in relation to posting the notice in a physical location, the requirement is fulfilled if:
9551          (i) the notice is posted at or, except to the extent prohibited by law, before the
9552     beginning of the period of time;
9553          (ii) the public body or government official does not remove the posting before the end
9554     of the period of time; and
9555          (iii) until the end of the period of time, the public body or government official:
9556          (A) periodically verifies that the notice remains in place; and
9557          (B) replaces the notice within a reasonable time after discovering that the notice has
9558     been removed or damaged; and
9559          (c) in relation to mailing, sending, or otherwise delivering notice to a person, the
9560     mailing is made at or, except to the extent prohibited by law, before, the beginning of the
9561     period of time.
9562          Section 165. Section 63H-1-202 is amended to read:
9563          63H-1-202. Applicability of other law.
9564          (1) As used in this section:
9565          (a) "Subsidiary" means an authority subsidiary that is a public body as defined in
9566     Section 52-4-103.
9567          (b) "Subsidiary board" means the governing body of a subsidiary.
9568          (2) The authority or land within a project area is not subject to:
9569          (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;

9570          (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
9571          (c) ordinances or regulations of a county or municipality, including those relating to
9572     land use, health, business license, or franchise; or
9573          (d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
9574     Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
9575     Special Service District Act.
9576          (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
9577     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
9578     by Title 63E, Independent Entities Code.
9579          (4) (a) The definitions in Section 57-8-3 apply to this Subsection (4).
9580          (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
9581     Act, or any other provision of law:
9582          (i) if the military is the owner of land in a project area on which a condominium project
9583     is constructed, the military is not required to sign, execute, or record a declaration of a
9584     condominium project; and
9585          (ii) if a condominium unit in a project area is owned by the military or owned by the
9586     authority and leased to the military for $1 or less per calendar year, not including any common
9587     charges that are reimbursements for actual expenses:
9588          (A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
9589     Condominium Ownership Act;
9590          (B) condominium unit owners within the same building or commercial condominium
9591     project may agree on any method of allocation and payment of common area expenses,
9592     regardless of the size or par value of each unit; and
9593          (C) the condominium project may not be dissolved without the consent of all the
9594     condominium unit owners.
9595          (5) Notwithstanding any other provision, when a law requires the consent of a local
9596     government, the authority is the consenting entity for a project area.
9597          (6) (a) A department, division, or other agency of the state and a political subdivision
9598     of the state shall cooperate with the authority to the fullest extent possible to provide whatever
9599     support, information, or other assistance the authority requests that is reasonably necessary to
9600     help the authority fulfill the authority's duties and responsibilities under this chapter.

9601          (b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
9602     a project area located within the boundary of the political subdivision.
9603          (7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
9604     Public Meetings Act, except that:
9605          (i) notwithstanding Section 52-4-104, the timing and nature of training to authority
9606     board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
9607     and Public Meetings Act, may be determined by:
9608          (A) the board chair, for the authority board; or
9609          (B) the subsidiary board chair, for a subsidiary board;
9610          (ii) authority staff may adopt a rule governing the use of electronic meetings under
9611     Section 52-4-207, if, under Subsection 63H-1-301(3), the board delegates to authority staff the
9612     power to adopt the rule; and
9613          (iii) for an electronic meeting of the authority board or subsidiary board that otherwise
9614     complies with Section 52-4-207, the authority board or subsidiary board, respectively:
9615          (A) is not required to establish an anchor location; and
9616          (B) may convene and conduct the meeting without the written determination otherwise
9617     required under Subsection 52-4-207(4).
9618          (b) Except as provided in Subsection (7)(c), the authority is not required to physically
9619     post notice notwithstanding any other provision of law.
9620          (c) The authority shall physically post notice in accordance with Subsection
9621     [52-4-202(3)(a)(i)] 52-4-202(3)(a).
9622          (8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
9623     Records Access and Management Act, except that:
9624          (a) notwithstanding Section 63G-2-701:
9625          (i) the authority may establish an appeals board consisting of at least three members;
9626          (ii) an appeals board established under Subsection (8)(a)(i) shall include:
9627          (A) one of the authority board members appointed by the governor;
9628          (B) the authority board member appointed by the president of the Senate; and
9629          (C) the authority board member appointed by the speaker of the House of
9630     Representatives; and
9631          (iii) an appeal of a decision of an appeals board is to district court, as provided in

9632     Section 63G-2-404, except that the State Records Committee is not a party; and
9633          (b) a record created or retained by the authority or a subsidiary acting in the role of a
9634     facilitator under Subsection 63H-1-201(3)(v) is a protected record under Title 63G, Chapter 2,
9635     Government Records Access and Management Act.
9636          (9) The authority or a subsidiary acting in the role of a facilitator under Subsection
9637     63H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private partnership
9638     that results from the facilitator's work as a facilitator.
9639          (10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
9640     Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
9641     4, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
9642     the public infrastructure district's financed infrastructure and related improvements, subject to a
9643     maximum rate of .015.
9644          (ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
9645     district property tax levy for a bond.
9646          (b) If a subsidiary created as a public infrastructure district issues a bond:
9647          (i) the subsidiary may:
9648          (A) delay the effective date of the property tax levy for the bond until after the period
9649     of capitalized interest payments; and
9650          (B) covenant with bondholders not to reduce or impair the property tax levy; and
9651          (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
9652     Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a
9653     rate that generates more revenue than required to pay the annual debt service of the bond plus
9654     administrative costs, subject to a maximum of .02.
9655          (c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
9656     4, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102,
9657     within the public infrastructure district and apply a different property tax rate to each tax area,
9658     subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
9659          (ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
9660     may issue bonds secured by property taxes from:
9661          (A) the entire public infrastructure district; or
9662          (B) one or more tax areas within the public infrastructure district.

9663          (11) (a) Terms defined in Section 57-11-2 apply to this Subsection (11).
9664          (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
9665     offer or disposition of an interest in land if the interest in land lies within the boundaries of the
9666     project area and the authority:
9667          (i) (A) has a development review committee using at least one professional planner;
9668          (B) enacts standards and guidelines that require approval of planning, land use, and
9669     plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
9670     control; and
9671          (C) will have the improvements described in Subsection (11)(b)(i)(B) plus
9672     telecommunications and electricity; and
9673          (ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
9674     assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
9675          (12) (a) As used in this Subsection (12), "officer" means the same as an officer within
9676     the meaning of the Utah Constitution Article IV, Section 10.
9677          (b) An official act of an officer may not be invalidated for the reason that the officer
9678     failed to take the oath of office.
9679          Section 166. Section 63H-1-701 is amended to read:
9680          63H-1-701. Annual authority budget -- Fiscal year -- Public hearing required --
9681     Auditor forms -- Requirement to file form.
9682          (1) The authority shall prepare and its board adopt an annual budget of revenues and
9683     expenditures for the authority for each fiscal year.
9684          (2) Each annual authority budget shall be adopted before June 30.
9685          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
9686          (4) (a) Before adopting an annual budget, the authority board shall hold a public
9687     hearing on the annual budget.
9688          (b) The authority shall provide notice of the public hearing on the annual budget by
9689     publishing notice[:(i) at least once in a newspaper of general circulation within the state, at
9690     least one week before the public hearing; and(ii) on the Utah Public Notice Website created in
9691     Section 63A-16-601], as a class A notice under Section 63G-28-102, for at least one week
9692     immediately before the day of the public hearing.
9693          (c) The authority shall make the annual budget available for public inspection at least

9694     three days before the date of the public hearing.
9695          (5) The state auditor shall prescribe the budget forms and the categories to be contained
9696     in each authority budget, including:
9697          (a) revenues and expenditures for the budget year;
9698          (b) legal fees; and
9699          (c) administrative costs, including rent, supplies, and other materials, and salaries of
9700     authority personnel.
9701          (6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
9702     copy of the annual budget with the auditor of each county in which a project area of the
9703     authority is located, the State Tax Commission, the state auditor, the State Board of Education,
9704     and each taxing entity that levies a tax on property from which the authority collects property
9705     tax allocation.
9706          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
9707     state as a taxing entity is met if the authority files a copy with the State Tax Commission and
9708     the state auditor.
9709          Section 167. Section 67-3-13 is amended to read:
9710          67-3-13. State privacy officer.
9711          (1) As used in this section:
9712          (a) "Designated government entity" means a government entity that is not a state
9713     agency.
9714          (b) "Independent entity" means the same as that term is defined in Section 63E-1-102.
9715          (c) (i) "Government entity" means the state, a county, a municipality, a higher
9716     education institution, a local district, a special service district, a school district, an independent
9717     entity, or any other political subdivision of the state or an administrative subunit of any
9718     political subdivision, including a law enforcement entity.
9719          (ii) "Government entity" includes an agent of an entity described in Subsection
9720     (1)(c)(i).
9721          (d) (i) "Personal data" means any information relating to an identified or identifiable
9722     individual.
9723          (ii) "Personal data" includes personally identifying information.
9724          (e) (i) "Privacy practice" means the acquisition, use, storage, or disposal of personal

9725     data.
9726          (ii) "Privacy practice" includes:
9727          (A) a technology use related to personal data; and
9728          (B) policies related to the protection, storage, sharing, and retention of personal data.
9729          (f) (i) "State agency" means the following entities that are under the direct supervision
9730     and control of the governor or the lieutenant governor:
9731          (A) a department;
9732          (B) a commission;
9733          (C) a board;
9734          (D) a council;
9735          (E) an institution;
9736          (F) an officer;
9737          (G) a corporation;
9738          (H) a fund;
9739          (I) a division;
9740          (J) an office;
9741          (K) a committee;
9742          (L) an authority;
9743          (M) a laboratory;
9744          (N) a library;
9745          (O) a bureau;
9746          (P) a panel;
9747          (Q) another administrative unit of the state; or
9748          (R) an agent of an entity described in Subsections (A) through (Q).
9749          (ii) "State agency" does not include:
9750          (A) the legislative branch;
9751          (B) the judicial branch;
9752          (C) an executive branch agency within the Office of the Attorney General, the state
9753     auditor, the state treasurer, or the State Board of Education; or
9754          (D) an independent entity.
9755          (2) The state privacy officer shall:

9756          (a) when completing the duties of this Subsection (2), focus on the privacy practices of
9757     designated government entities;
9758          (b) compile information about government privacy practices of designated government
9759     entities;
9760          (c) make public and maintain information about government privacy practices on the
9761     state auditor's website;
9762          (d) provide designated government entities with educational and training materials
9763     developed by the Personal Privacy Oversight Commission established in Section 63C-24-201
9764     that include the information described in Subsection 63C-24-202(1)(b);
9765          (e) implement a process to analyze and respond to requests from individuals for the
9766     state privacy officer to review a designated government entity's privacy practice;
9767          (f) identify annually which designated government entities' privacy practices pose the
9768     greatest risk to individual privacy and prioritize those privacy practices for review;
9769          (g) review each year, in as timely a manner as possible, the privacy practices that the
9770     privacy officer identifies under Subsection (2)(e) or (2)(f) as posing the greatest risk to
9771     individuals' privacy;
9772          (h) when reviewing a designated government entity's privacy practice under Subsection
9773     (2)(g), analyze:
9774          (i) details about the technology or the policy and the technology's or the policy's
9775     application;
9776          (ii) information about the type of data being used;
9777          (iii) information about how the data is obtained, stored, shared, secured, and disposed;
9778          (iv) information about with which persons the designated government entity shares the
9779     information;
9780          (v) information about whether an individual can or should be able to opt out of the
9781     retention and sharing of the individual's data;
9782          (vi) information about how the designated government entity de-identifies or
9783     anonymizes data;
9784          (vii) a determination about the existence of alternative technology or improved
9785     practices to protect privacy; and
9786          (viii) a finding of whether the designated government entity's current privacy practice

9787     adequately protects individual privacy; and
9788          (i) after completing a review described in Subsections (2)(g) and (h), determine:
9789          (i) each designated government entity's use of personal data, including the designated
9790     government entity's practices regarding data:
9791          (A) acquisition;
9792          (B) storage;
9793          (C) disposal;
9794          (D) protection; and
9795          (E) sharing;
9796          (ii) the adequacy of the designated government entity's practices in each of the areas
9797     described in Subsection (2)(i)(i); and
9798          (iii) for each of the areas described in Subsection (2)(i)(i) that the state privacy officer
9799     determines to require reform, provide recommendations for reform to the designated
9800     government entity and the legislative body charged with regulating the designated government
9801     entity.
9802          (3) (a) The legislative body charged with regulating a designated government entity
9803     that receives a recommendation described in Subsection (2)(i)(iii) shall hold a public hearing
9804     on the proposed reforms:
9805          (i) with a quorum of the legislative body present; and
9806          (ii) within 90 days after the day on which the legislative body receives the
9807     recommendation.
9808          (b) (i) The legislative body shall provide notice of the hearing described in Subsection
9809     (3)(a).
9810          (ii) Notice of the public hearing and the recommendations to be discussed shall be
9811     posted [on:] for the jurisdiction of the designated government entity, as a class A notice under
9812     Section 63G-28-102, for at least 30 days before the day on which the legislative body will hold
9813     the public hearing.
9814          [(A) the Utah Public Notice Website created in Section 63A-16-601 for 30 days before
9815     the day on which the legislative body will hold the public hearing; and]
9816          [(B) the website of the designated government entity that received a recommendation,
9817     if the designated government entity has a website, for 30 days before the day on which the

9818     legislative body will hold the public hearing.]
9819          (iii) Each notice required under Subsection (3)(b)(i) shall:
9820          (A) identify the recommendations to be discussed; and
9821          (B) state the date, time, and location of the public hearing.
9822          (c) During the hearing described in Subsection (3)(a), the legislative body shall:
9823          (i) provide the public the opportunity to ask questions and obtain further information
9824     about the recommendations; and
9825          (ii) provide any interested person an opportunity to address the legislative body with
9826     concerns about the recommendations.
9827          (d) At the conclusion of the hearing, the legislative body shall determine whether the
9828     legislative body shall adopt reforms to address the recommendations and any concerns raised
9829     during the public hearing.
9830          (4) (a) Except as provided in Subsection (4)(b), if the government operations privacy
9831     officer described in Section 67-1-17 is not conducting reviews of the privacy practices of state
9832     agencies, the state privacy officer may review the privacy practices of a state agency in
9833     accordance with the processes described in this section.
9834          (b) Subsection (3) does not apply to a state agency.
9835          (5) The state privacy officer shall:
9836          (a) quarterly report, to the Personal Privacy Oversight Commission:
9837          (i) recommendations for privacy practices for the commission to review; and
9838          (ii) the information provided in Subsection (2)(i); and
9839          (b) annually, on or before October 1, report to the Judiciary Interim Committee:
9840          (i) the results of any reviews described in Subsection (2)(g), if any reviews have been
9841     completed;
9842          (ii) reforms, to the extent that the state privacy officer is aware of any reforms, that the
9843     designated government entity made in response to any reviews described in Subsection (2)(g);
9844          (iii) the information described in Subsection (2)(i); and
9845          (iv) recommendations for legislation based on any results of a review described in
9846     Subsection (2)(g).
9847          Section 168. Section 72-3-108 is amended to read:
9848          72-3-108. County roads -- Vacation and narrowing -- Notice requirements.

9849          (1) A county may, by ordinance, vacate, narrow, or change the name of a county road
9850     without petition or after petition by a property owner.
9851          (2) A county may not vacate a county road unless notice of the hearing is:
9852          (a) published[:] for the county, as a class A notice under Section 63G-28-102, for at
9853     least four weeks before the day of the hearing; and
9854          [(i) in a newspaper of general circulation in the county once a week for four
9855     consecutive weeks before the hearing; and]
9856          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, for four weeks
9857     before the hearing; and]
9858          [(b) posted in three public places for four consecutive weeks prior to the hearing; and]
9859          [(c)] (b) mailed to the department and all owners of property abutting the county road.
9860          (3) The right-of-way and easements, if any, of a property owner and the franchise rights
9861     of any public utility may not be impaired by vacating or narrowing a county road.
9862          (4) Except as provided in Section 72-5-305, if a county vacates a county road, the
9863     state's right-of-way interest in the county road is also vacated.
9864          Section 169. Section 72-5-105 is amended to read:
9865          72-5-105. Highways, streets, or roads once established continue until abandoned
9866     -- Temporary closure -- Notice.
9867          (1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
9868     once established shall continue to be highways, streets, or roads until formally abandoned or
9869     vacated by written order, resolution, or ordinance resolution of a highway authority having
9870     jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
9871     been duly recorded in the office of the recorder of the county or counties where the highway,
9872     street, or road is located.
9873          (2) (a) For purposes of assessment, upon the recordation of an order executed by the
9874     proper authority with the county recorder's office, title to the vacated or abandoned highway,
9875     street, or road shall vest to the adjoining record owners, with one-half of the width of the
9876     highway, street, or road assessed to each of the adjoining owners.
9877          (b) Provided, however, that should a description of an owner of record extend into the
9878     vacated or abandoned highway, street, or road that portion of the vacated or abandoned
9879     highway, street, or road shall vest in the record owner, with the remainder of the highway,

9880     street, or road vested as otherwise provided in this Subsection (2).
9881          (c) Title to a highway, street, or road that a local highway authority closes to vehicular
9882     traffic under Subsection (3) or (7) remains vested in the city.
9883          (3) (a) In accordance with this section, a state or local highway authority may
9884     temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
9885     C, or D road or R.S. 2477 right-of-way.
9886          (b) (i) A temporary closure authorized under this section is not an abandonment.
9887          (ii) The erection of a barrier or sign on a highway, street, or road once established is
9888     not an abandonment.
9889          (iii) An interruption of the public's continuous use of a highway, street, or road once
9890     established is not an abandonment even if the interruption is allowed to continue unabated.
9891          (c) A temporary closure under Subsection (3)(a) may be authorized only under the
9892     following circumstances:
9893          (i) when a federal authority, or other person, provides an alternate route to an R.S.
9894     2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
9895          (A) accepted by the highway authority; and
9896          (B) formalized by a federal permit or a written agreement between the federal authority
9897     or other person and the highway authority;
9898          (ii) when a state or local highway authority determines that correction or mitigation of
9899     injury to private or public land resources is necessary on or near a class B or D road or portion
9900     of a class B or D road; or
9901          (iii) when a local highway authority makes a finding that temporary closure of all or
9902     part of a class C road is necessary to mitigate unsafe conditions.
9903          (d) (i) If a local highway authority temporarily closes all or part of a class C road under
9904     Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
9905     another public use or purpose related to the mitigation of the unsafe condition.
9906          (ii) If a local highway authority temporarily closes all or part of a class C road under
9907     Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
9908     between the local highway authority and another entity, the local highway authority may not
9909     reopen the closed portion of the road until the lease agreement terminates.
9910          (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.

9911     2477 right-of-way temporarily closed under this section if the alternate route is closed for any
9912     reason.
9913          (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
9914          (i) be authorized annually; and
9915          (ii) not exceed two years or the time it takes to complete the correction or mitigation,
9916     whichever is less.
9917          (4) To authorize a closure of a road under Subsection (3) or (7), a local highway
9918     authority shall pass an ordinance to temporarily or indefinitely close the road.
9919          (5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
9920     a highway authority shall:
9921          (a) hold a hearing on the proposed temporary or indefinite closure;
9922          (b) provide notice of the hearing by mailing a notice to the Department of
9923     Transportation [and all owners of property abutting the highway]; and
9924          (c) except for a closure under Subsection (3)(c)(iii), [post the notice:] provide notice to
9925     the owners of the properties abutting the highway, as a class B notice under Section
9926     63G-28-102, for at least four weeks before the day of the hearing.
9927          [(i) on the Utah Public Notice Website created in Section 63A-16-601, for four weeks
9928     before the hearing; or]
9929          [(ii) in three public places for at least four consecutive weeks before the hearing.]
9930          (6) The right-of-way and easements, if any, of a property owner and the franchise rights
9931     of any public utility may not be impaired by a temporary or indefinite closure authorized under
9932     this section.
9933          (7) (a) A local highway authority may close to vehicular travel and convert to another
9934     public use or purpose a highway, road, or street over which the local highway authority has
9935     jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
9936     that:
9937          (i) the closed highway, road, or street is not necessary for vehicular travel;
9938          (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
9939     to private or public land resources on or near the highway, road, or street; or
9940          (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
9941     conditions.

9942          (b) If a local highway authority indefinitely closes all or part of a highway, road, or
9943     street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
9944     agreement between the local highway authority and another entity, the local highway authority
9945     may not reopen the closed portion of the road until the lease agreement terminates.
9946          (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
9947          Section 170. Section 72-6-108 is amended to read:
9948          72-6-108. Class B and C roads -- Improvement projects -- Notice -- Contracts --
9949     Retainage.
9950          (1) A county executive for class B roads and the municipal executive for class C roads
9951     shall cause plans, specifications, and estimates to be made prior to the construction of any
9952     improvement project, as defined in Section 72-6-109, on a class B or C road if the estimated
9953     cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor,
9954     equipment, and materials.
9955          (2) (a) All projects in excess of the bid limit shall be performed under contract to be let
9956     to the lowest responsible bidder.
9957          (b) If the estimated cost of the improvement project exceeds the bid limit for labor,
9958     equipment, and materials, the project may not be divided to permit the construction in parts,
9959     unless each part is done by contract.
9960          (3) The advertisement on bids shall be [posted:] published for the county, as a class A
9961     notice under Section 63G-28-102, for three weeks.
9962          [(a) on the Utah Public Notice Website, created in Section 63A-16-601, for three
9963     weeks; and]
9964          [(b) for at least 20 days in at least five public places in the county.]
9965          (4) The county or municipal executive or their designee shall receive sealed bids and
9966     open the bids at the time and place designated in the advertisement. The county or municipal
9967     executive or their designee may then award the contract but may reject any and all bids.
9968          (5) The person, firm, or corporation that is awarded a contract under this section is
9969     subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
9970          (6) If any payment on a contract with a private contractor for construction or
9971     improvement of a class B or C road is retained or withheld, the payment shall be retained or
9972     withheld and released as provided in Section 13-8-5.

9973          Section 171. Section 73-5-14 is amended to read:
9974          73-5-14. Determination by the state engineer of watershed to which particular
9975     source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
9976          (1) The state engineer may determine for administrative and distribution purposes the
9977     watershed to which any particular stream or source of water is tributary.
9978          (2) A determination under Subsection (1) may be made only after publication of notice
9979     to the water users.
9980          (3) Publication of notice under Subsection (2) shall be made:
9981          (a) [in a newspaper or newspapers having general circulation in] for every county in the
9982     state in which any rights might be affected, [once each week for five consecutive weeks] as a
9983     class A notice under Section 63G-28-102, for at least five weeks before the date of the hearing
9984     described in Subsection (4); and
9985          (b) in accordance with Section 45-1-101 for five weeks[; and].
9986          [(c) on the Utah Public Notice Website created in Section 63A-16-601, for five weeks.]
9987          (4) The state engineer shall fix the date and place of hearing and at the hearing any
9988     water user shall be given an opportunity to appear and adduce evidence material to the
9989     determination of the question involved.
9990          (5) (a) The state engineer shall publish the result of the determination as provided in
9991     Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the
9992     public that any person aggrieved by the decision may appeal the decision as provided by
9993     Section 73-3-14.
9994          (b) The notice under Subsection (5)(a) shall be considered to have been given so as to
9995     start the time for appeal upon completion of the publication of notice.
9996          Section 172. Section 73-10-32 is amended to read:
9997          73-10-32. Definitions -- Water conservation plan required -- Notice.
9998          (1) As used in this section:
9999          (a) "Division" means the Division of Water Resources created under Section 73-10-18.
10000          (b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
10001     Part 10, Water Conservancy District Act.
10002          (c) "Water conservation plan" means a written document that contains existing and
10003     proposed water conservation measures describing what will be done by a water provider, and

10004     the end user of culinary water to help conserve water in the state in terms of per capita use of
10005     water provided through culinary water infrastructure owned or operated by the water provider
10006     so that adequate supplies of water are available for future needs.
10007          (d) "Water provider" means:
10008          (i) a retail water supplier, as defined in Section 19-4-102; or
10009          (ii) a water conservancy district.
10010          (2) (a) A water conservation plan shall contain:
10011          (i) (A) a clearly stated overall water use reduction goal that is consistent with
10012     Subsection (2)(d); and
10013          (B) an implementation plan for each water conservation measure a water provider
10014     chooses to use, including a timeline for action and an evaluation process to measure progress;
10015          (ii) a requirement that a notification procedure be implemented that includes the
10016     delivery of the water conservation plan to the media and to the governing body of each
10017     municipality and county served by the water provider;
10018          (iii) a copy of the minutes of the meeting regarding a water conservation plan and the
10019     notification procedure required in Subsection (2)(a)(ii) that shall be added as an appendix to the
10020     water conservation plan; and
10021          (iv) for a retail water supplier, as defined in Section 19-4-102, the retail water
10022     supplier's rate structure that is:
10023          (A) adopted by the retail water supplier's governing body in accordance with Section
10024     73-10-32.5; and
10025          (B) current as of the day the retail water supplier files a water conservation plan.
10026          (b) A water conservation plan may include information regarding:
10027          (i) the installation and use of water efficient fixtures and appliances, including toilets,
10028     shower fixtures, and faucets;
10029          (ii) residential and commercial landscapes and irrigation that require less water to
10030     maintain;
10031          (iii) more water efficient industrial and commercial processes involving the use of
10032     water;
10033          (iv) water reuse systems, both potable and not potable;
10034          (v) distribution system leak repair;

10035          (vi) dissemination of public information regarding more efficient use of water,
10036     including public education programs, customer water use audits, and water saving
10037     demonstrations;
10038          (vii) water rate structures designed to encourage more efficient use of water;
10039          (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
10040     use of water by means such as water efficient fixtures and landscapes;
10041          (ix) incentives to implement water efficient techniques, including rebates to water
10042     users to encourage the implementation of more water efficient measures; and
10043          (x) other measures designed to conserve water.
10044          (c) The division may be contacted for information and technical resources regarding
10045     measures listed in Subsection (2)(b).
10046          (d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
10047     Utah Administrative Rulemaking Act, regional water conservation goals that:
10048          (A) are developed by the division;
10049          (B) are reevaluated by December 31, 2030, and every 10 years after December 31,
10050     2030; and
10051          (C) define what constitutes "water being conserved" under a water conservation goal
10052     after considering factors such as depletion, diversion, use, consumption, or return flows.
10053          (ii) As part of a water conservation plan, a water provider shall adopt one of the
10054     following:
10055          (A) the regional water conservation goal applicable to the water provider;
10056          (B) a water conservation goal that would result in more water being conserved than
10057     would be conserved under the regional water conservation goal; or
10058          (C) a water conservation goal that would result in less water being conserved than
10059     would be conserved under the regional water conservation goal with a reasonable justification
10060     as to why the different water conservation goal is adopted and an explanation of the factors
10061     supporting the reasonable justification, such as demographics, geography, lot sizes, make up of
10062     water service classes, or availability of secondary water.
10063          (3) (a) A water provider shall:
10064          (i) prepare and adopt a water conservation plan; and
10065          (ii) file a copy of the water conservation plan with the division.

10066          (b) (i) Before adopting or amending a water conservation plan, a water provider shall
10067     hold a public hearing with reasonable, advance public notice in accordance with this
10068     Subsection (3)(b).
10069          (ii) The water provider shall provide public notice at least 14 days before the date of
10070     the public hearing.
10071          (iii) A water provider meets the requirements of reasonable notice required by this
10072     Subsection (3)(b) if the water provider posts notice of the public hearing [in at least three
10073     public places within the service area of the water provider and]:
10074          [(A) if the water provider is a public entity, posts notice on the Utah Public Notice
10075     Website, created in Section 63A-16-601; or]
10076          (A) for the service area of the water provider, as a class A notice under Section
10077     63G-28-102, for at least 14 days; and
10078          (B) if the water provider is a private entity and has a public website, [posts notice] on
10079     the water provider's public website.
10080          (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
10081     evidence that notice was properly given.
10082          (v) If notice given under authority of this Subsection (3)(b) is not challenged within 30
10083     days from the date of the public hearing for which the notice was given, the notice is
10084     considered adequate and proper.
10085          (c) A water provider shall:
10086          (i) post the water provider's water conservation plan on a public website; or
10087          (ii) if the water provider does not have a public website, make the water provider's
10088     water conservation plan [publically] publicly available for inspection upon request.
10089          (4) (a) The division shall:
10090          (i) provide guidelines and technical resources to help water providers prepare and
10091     implement water conservation plans;
10092          (ii) assist water providers by identifying water conservation methods upon request; and
10093          (iii) provide an online submission form that allows for an electronic copy of the water
10094     conservation plan to be filed with the division under Subsection (3)(a)(ii).
10095          (b) The division shall post an annual report at the end of a calendar year listing water
10096     providers in compliance with this section.

10097          (5) A water provider may only receive state funds for water development if the water
10098     provider complies with the requirements of this section.
10099          (6) A water provider specified under Subsection (3)(a) shall:
10100          (a) update the water provider's water conservation plan no less frequently than every
10101     five years; and
10102          (b) follow the procedures required under Subsection (3) when updating the water
10103     conservation plan.
10104          (7) It is the intent of the Legislature that the water conservation plans, amendments to
10105     existing water conservation plans, and the studies and report by the division be handled within
10106     the existing budgets of the respective entities or agencies.
10107          Section 173. Section 75-1-401 is amended to read:
10108          75-1-401. Notice -- Method and time of giving.
10109          (1) If notice of a hearing on any petition is required and except for specific notice
10110     requirements as otherwise provided, the petitioner shall cause notice of the time and place of
10111     hearing of any petition to be given to any interested person or the person's attorney if the person
10112     has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall
10113     be given by the clerk posting a copy of the notice for the 10 consecutive days immediately
10114     preceding the time set for the hearing in at least three public places in the county, one of which
10115     must be at the courthouse of the county and:
10116          (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
10117     hearing by certified, registered, or ordinary first class mail addressed to the person being
10118     notified at the post-office address given in the demand for notice, if any, or at the person's
10119     office or place of residence, if known; or
10120          (ii) by delivering a copy thereof to the person being notified personally at least 10 days
10121     before the time set for the hearing; and
10122          (b) if the address, or identity of any person is not known and cannot be ascertained with
10123     reasonable diligence, by publishing[:] for the county where the hearing is to be held, as a class
10124     A notice under Section 63G-28-102, for at least 10 days before the day of the hearing.
10125          [(i) at least once a week for three consecutive weeks a copy thereof in a newspaper
10126     having general circulation in the county where the hearing is to be held, the last publication of
10127     which is to be at least 10 days before the time set for the hearing; and]

10128          [(ii) on the Utah Public Notice Website created in Section 63A-16-601, for three
10129     weeks.]
10130          (2) The court for good cause shown may provide for a different method or time of
10131     giving notice for any hearing.
10132          (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
10133     proceeding.
10134          Section 174. Section 76-8-809 is amended to read:
10135          76-8-809. Closing or restricting use of highways abutting defense or war facilities
10136     -- Posting of notices.
10137          Any individual, partnership, association, corporation, municipal corporation or state or
10138     any political subdivision thereof engaged in or preparing to engage in the manufacture,
10139     transportation or storage of any product to be used in the preparation of the United States or
10140     any of the states for defense or for war or in the prosecution of war by the United States, or in
10141     the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
10142     any of said natural or artificial persons operating any public utility who has property so used
10143     which he or it believes will be endangered if public use and travel is not restricted or prohibited
10144     on one or more highways or parts thereof upon which the property abuts, may petition the
10145     highway commissioners of any city, town, or county to close one or more of the highways or
10146     parts thereof to public use and travel or to restrict by order the use and travel upon one or more
10147     of the highways or parts thereof.
10148          Upon receipt of the petition, the highway commissioners shall set a day for hearing and
10149     give notice of the hearing [by posting a notice on the Utah Public Notice Website, created in
10150     Section 63A-16-601], as a class A notice under Section 63G-28-102, for the city, town, or
10151     county, for at least seven days [prior to the date set for] before the day of the hearing. If, after
10152     hearing, the highway commissioners determine that the public safety and the safety of the
10153     property of the petitioner so require, they shall by suitable order close to public use and travel
10154     or reasonably restrict the use of and travel upon one or more of the highways or parts thereof;
10155     provided the highway commissioners may issue written permits to travel over the highway so
10156     closed or restricted to responsible and reputable persons for a term, under conditions and in a
10157     form as the commissioners may prescribe. Appropriate notices in letters at least three inches
10158     high shall be posted conspicuously at each end of any highway so closed or restricted by an

10159     order. The highway commissioners may at any time revoke or modify any order so made.
10160          Section 175. Section 78A-7-202 is amended to read:
10161          78A-7-202. Justice court judges to be appointed -- Procedure.
10162          (1) As used in this section:
10163          (a) "Local government executive" means:
10164          (i) for a county:
10165          (A) the chair of the county commission in a county operating under the county
10166     commission or expanded county commission form of county government;
10167          (B) the county executive in a county operating under the county executive-council form
10168     of county government; and
10169          (C) the county manager in a county operating under the council-manager form of
10170     county government;
10171          (ii) for a city or town:
10172          (A) the mayor of the city or town; or
10173          (B) the city manager, in the council-manager form of government described in
10174     Subsection 10-3b-103(7); and
10175          (iii) for a metro township, the chair of the metro township council.
10176          (b) "Local legislative body" means:
10177          (i) for a county, the county commission or county council; and
10178          (ii) for a city or town, the council of the city or town.
10179          (2) (a) There is created in each county a county justice court nominating commission to
10180     review applicants and make recommendations to the appointing authority for a justice court
10181     position.
10182          (b) The commission shall be convened when a new justice court judge position is
10183     created or when a vacancy in an existing court occurs for a justice court located within the
10184     county.
10185          (c) Membership of the justice court nominating commission shall be as follows:
10186          (i) one member appointed by:
10187          (A) the county commission if the county has a county commission form of
10188     government; or
10189          (B) the county executive if the county has an executive-council form of government;

10190          (ii) one member appointed by the municipalities in the counties as follows:
10191          (A) if the county has only one municipality, appointment shall be made by the
10192     governing authority of that municipality; or
10193          (B) if the county has more than one municipality, appointment shall be made by a
10194     municipal selection committee composed of the mayors of each municipality and the chairs of
10195     each metro township in the county;
10196          (iii) one member appointed by the county bar association; and
10197          (iv) two members appointed by the governing authority of the jurisdiction where the
10198     judicial office is located.
10199          (d) (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall
10200     be appointed by the regional bar association.
10201          (ii) If no regional bar association exists, the state bar association shall make the
10202     appointment.
10203          (e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing
10204     authority or an elected official of a county or municipality.
10205          (f) (i) Except as provided in Subsection (2)(d)(ii), the nominating commission shall
10206     submit at least three names to the appointing authority of the jurisdiction expected to be served
10207     by the judge.
10208          (ii) If there are fewer than three applicants for a justice court vacancy, the nominating
10209     commission shall submit all qualified applicants to the appointing authority of the jurisdiction
10210     expected to be served by the judge.
10211          (iii) The local government executive shall appoint a judge from the list submitted and
10212     the appointment ratified by the local legislative body.
10213          (g) (i) The state court administrator shall provide staff to the commission.
10214          (ii) The Judicial Council shall establish rules and procedures for the conduct of the
10215     commission.
10216          (3) (a) A judicial vacancy for a justice court shall be announced:
10217          (i) as an employment opportunity on the Utah Courts' website;
10218          (ii) in an email to the members of the Utah State Bar; and
10219          [(iii) on the Utah Public Notice Website, created in Section 63A-16-601]
10220          (iii) for the justice court's jurisdiction, as a class A notice under Section 63G-28-102,

10221     for at least 30 days.
10222          (b) A judicial vacancy for a justice court may also be advertised through other
10223     appropriate means.
10224          (4) Selection of candidates shall be based on compliance with the requirements for
10225     office and competence to serve as a judge.
10226          (5) (a) Once selected, every prospective justice court judge shall attend an orientation
10227     seminar conducted under the direction of the Judicial Council.
10228          (b) Upon completion of the orientation seminar described in Subsection (5)(a), the
10229     Judicial Council shall certify the justice court judge as qualified to hold office.
10230          (6) (a) The selection of a person to fill the office of justice court judge is effective upon
10231     certification of the judge by the Judicial Council.
10232          (b) A justice court judge may not perform judicial duties until certified by the Judicial
10233     Council.