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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
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 [
209 and publish the [
210 (a) [
211
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[
241
242
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[
281
282
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[
304 scheduled.
305 [
306
307 [
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[
326 located, as a class A notice under Section 63G-28-102, for three weeks before the date of the
327 hearing.
328 [
329
330 [
331
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 [
377
378
379 [
380
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 [
559
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[
581
582 (i) [
583
584 under Section 63G-28-102; and
585 [
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) [
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[
607 [
608
609
610
611 [
612
613 [
614
615
616 [
617 the notice of certification, by mailing written notice to each affected entity[
618 [
619
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[
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 [
731
732
733
734
735 [
736
737
738 [
739
740 [
741
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) [
762 area, and the proposed annexing municipality[
763 for at least two weeks before the date of the public hearing.
764 [
765
766
767
768
769 [
770
771 [
772
773 [
774
775
776
777 [
778
779 [
780
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) [
795 the commission chair shall provide notice of the hearing[
796 annexation, as a class B notice under Section 63G-28-102.
797 [
798
799
800
801 [
802
803 [
804
805 [
806
807 [
808
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) [
906
907 area proposed for annexation, [
908
909
910 and
911 [
912
913
914 [
915
916 [
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[
921 [
922
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 [
1014
1015
1016
1017 [
1018
1019 [
1020
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 [
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 [
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 [
1031 Utah State Developmental Center[
1032 [
1033
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 [
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 [
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 [
1105 legislative body shall publish notice of the request:
1106 [
1107
1108 [
1109
1110
1111
1112
1113
1114 [
1115
1116 [
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 [
1123 [
1124 [
1125 [
1126
1127 [
1128
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 [
1143
1144
1145
1146 [
1147
1148 [
1149
1150 [
1151
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 [
1170 for each municipality that would become part of the consolidated municipality[
1171 [
1172
1173
1174 [
1175
1176 [
1177
1178 [
1179
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[
1187 a class A notice under Section 63G-28-102, for at least one month before the day of the
1188 election.
1189 [
1190
1191
1192
1193 [
1194
1195 [
1196
1197 [
1198
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[
1203 weeks.
1204 [
1205
1206
1207
1208 [
1209
1210 [
1211
1212 [
1213
1214 [
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[
1295 at least three weeks before the day of the public hearing.
1296 [
1297
1298
1299
1300 [
1301
1302 [
1303
1304 [
1305
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[
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 [
1338
1339
1340 [
1341
1342
1343
1344 [
1345
1346 [
1347
1348 [
1349
1350 [
1351
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 [
1412 described in Subsection (3):
1413 [
1414
1415
1416
1417
1418 [
1419
1420 [
1421
1422 two weeks before the day of the public hearing; and
1423 [
1424 municipality's website for two weeks before the day of the public hearing[
1425 [
1426
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)[
1442 future municipality, as a class B notice under Section 63G-28-102, for two weeks.
1443 [
1444
1445
1446 [
1447 [
1448
1449 [
1450
1451 [
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[
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 [
1509
1510
1511
1512 [
1513
1514 [
1515
1516 [
1517
1518 [
1519
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 [
1560
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 [
1585
1586
1587
1588 [
1589
1590 [
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 [
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)[
1630 under Section 63G-28-102, for at least 15 days before the day of the public hearing.
1631 [
1632
1633 [
1634
1635 [
1636
1637
1638
1639
1640 [
1641
1642 [
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 [
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)[
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 [
1763
1764 [
1765
1766
1767 (c) The notice under Subsection [
1768 required under Subsection (3)(a).
1769 [
1770
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)[
1792 the municipality, as a class A notice under Section 63G-28-102, for at least seven days.
1793 [
1794 [
1795 [
1796 [
1797 [
1798 [
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) [
1857
1858 63G-28-102.
1859 [
1860 [
1861 [
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) [
1885 least seven days before the day of the meeting [
1886 A notice under Section 63G-28-102.
1887 [
1888
1889 [
1890 [
1891
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)[
1922 at least 14 days before the day of the public hearing.
1923 [
1924
1925 [
1926
1927 [
1928
1929 (ii) The council of a metro township that is included in a municipal services district
1930 satisfies the requirement described in Subsection [
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 [
1977 notice under Section 63G-28-102.
1978 [
1979
1980
1981 [
1982
1983
1984 [
1985
1986 [
1987
1988 [
1989
1990
1991 (b) The notice required under Subsection [
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 [
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 [
2035 Section 63G-28-102, for at least seven days before the hearing[
2036 [
2037 [
2038 [
2039
2040
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 [
2049 [
2050 [
2051 [
2052
2053
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) [
2089 governing body shall[
2090 a class A notice under Section 63G-28-102.
2091 [
2092
2093
2094 [
2095
2096
2097 [
2098
2099 [
2100
2101 [
2102
2103
2104 (b) The notice required under Subsection [
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 [
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) [
2147 Section 63G-28-102, for at least 10 days; and
2148 [
2149 [
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 [
2158
2159 least three consecutive weeks [
2160
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)[
2188 under Section 63G-28-102, for at least four weeks before the day of the election.
2189 [
2190
2191
2192 [
2193
2194 [
2195
2196 [
2197
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) [
2252 body shall publish a notice of the hearing described in Subsection (3)(d)(i) [
2253 for the municipality, as a class A notice under Section 63G-28-102.
2254 [
2255 [
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 [
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 [
2294 [
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 [
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 [
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 [
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[
2434 [
2435 [
2436 [
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[
2439 Section 63G-28-102, for at least 24 hours.
2440 [
2441 [
2442 [
2443 [
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 [
2458 [
2459 [
2460 [
2461
2462 [
2463 [
2464
2465 [
2466
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 [
2474 for the municipality, as a class A notice under Section 63G-28-102, for at least 24 hours before
2475 the meeting[
2476 [
2477 [
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 [
2499 in this Subsection (5) may be included in or part of the notice described in Subsection
2500 [
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) [
2514
2515 63G-28-102, for at least 10 days.
2516 [
2517
2518 [
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) [
2579 Subsection (4) [
2580 least three weeks before the day on which the first public hearing required under Subsection (4)
2581 is held.
2582 [
2583
2584
2585 [
2586
2587
2588 [
2589
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 [
2639
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 [
2673
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[
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 [
2760 [
2761 [
2762
2763 [
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 [
2945
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 [
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) [
3028 be published, for at least seven days before the day of the hearing, [
3029
3030
3031
3032 Section 63G-28-102.
3033 [
3034
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 [
3041 (1)(b), or (2) is prima facie evidence that notice was properly given.
3042 (4) If a notice required under Subsection [
3043 challenged within 30 days after the day on which the hearing is held, the notice is adequate and
3044 proper.
3045 [
3046
3047 [
3048 [
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[
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 [
3056
3057
3058
3059 [
3060
3061 [
3062
3063 [
3064
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 [
3154
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) [
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) [
3216
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 [
3246 notice of that intent [
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[
3249 [
3250
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) [
3290 least seven days:
3291 (A) [
3292 the municipality or county; or
3293 (B) in the case of a state university, [
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) [
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 [
3363
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 [
3374 [
3375
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 [
3392
3393
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) [
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 [
3448
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 [
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 [
3461 notice [
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 [
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) [
3495 the impact fee, specifying the type of impact fee being enacted or modified, [
3496
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[
3511 63G-28-102, for at least five days before opening the bids [
3512
3513 [
3514
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 [
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[
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 [
3648
3649
3650 [
3651
3652
3653 [
3654
3655
3656 (5) (a) The local entity may record the version of the notice that is published or posted
3657 in accordance with Subsection [
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 [
3690 provided in Subsection (3)(b), [
3691
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) [
3759 the first hearing of the board of equalization is held, be [
3760
3761 jurisdiction, as a class B notice under Section 63G-28-102.
3762 [
3763
3764
3765 [
3766
3767
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 [
3799 63G-28-102, for at least 21 days.
3800 [
3801
3802 [
3803
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) [
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 [
3889 as a class A notice under Section 63G-28-102, for at least 21 days.
3890 [
3891
3892 [
3893
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 [
3958
3959
3960 [
3961
3962
3963 [
3964
3965 published for the proposed assessment area [
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 [
3994
3995
3996 [
3997
3998 [
3999
4000 published for the assessment area [
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 [
4032
4033
4034 [
4035
4036 [
4037
4038 published for the assessment area [
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 [
4081
4082
4083 [
4084
4085 [
4086
4087 published for the assessment area [
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 [
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) [
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) [
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) [
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) [
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) [
4278
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) [
4296
4297
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, [
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 [
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 [
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[
4371 [
4372 [
4373 [
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[
4376 63G-28-102, for at least 24 hours.
4377 [
4378 [
4379 [
4380 [
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 [
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 [
4396 [
4397 [
4398
4399 [
4400 [
4401
4402 [
4403
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 [
4412 Section 63G-28-102, for at least 24 hours.
4413 [
4414 [
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 [
4435 [
4436 in this Subsection (5) may be included in or part of the notice described in Subsection
4437 [
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 [
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 [
4453 [
4454
4455 [
4456
4457 [
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 [
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[
4628 hearing [
4629
4630 Section 63G-28-102, for at least three weeks before the date of the hearing.
4631 [
4632
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 [
4704
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[
4726
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 [
4749
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[
4777 under Section 63G-28-102, for at least seven days before the day of the hearing.
4778 [
4779
4780 [
4781
4782 [
4783
4784 [
4785
4786
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 [
4798 [
4799
4800 [
4801 [
4802
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 [
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 [
4813 [
4814
4815
4816 [
4817
4818
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 [
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 [
4859 [
4860
4861
4862 [
4863
4864
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) [
4931 for the relevant protection area, as a class A notice under Section 63G-28-102, for at least
4932 seven days.
4933 [
4934 [
4935
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)[
5016 before the day of the public hearing.
5017 [
5018
5019
5020 [
5021
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 [
5083
5084 [
5085
5086 [
5087
5088 [
5089
5090
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 [
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 [
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 [
5143
5144 [
5145
5146 [
5147 [
5148 stricter notice requirements than those required by this section.
5149 [
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[
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 [
5163
5164
5165 [
5166
5167 [
5168
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[
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 [
5196
5197 [
5198
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 [
5253
5254 [
5255
5256 [
5257
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 [
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[
5475 proposed to be annexed, through the day of the public hearing; and
5476 [
5477
5478
5479
5480 [
5481 [
5482
5483 [
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 [
5510 [
5511
5512 [
5513
5514 [
5515
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) [
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) [
5814
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) [
5834
5835 [
5836 [
5837 [
5838
5839 Section 105. Section 17B-1-609 is amended to read:
5840 17B-1-609. Hearing to consider adoption -- Notice.
5841 (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
5842 (a) establish the time and place of a public hearing to consider its adoption; and
5843 (b) except as provided in Subsection (6), order that notice of the hearing[
5844 published for the district, as a class A notice under Section 63G-28-102, for at least seven days
5845 before the day of the hearing.
5846 [
5847 [
5848
5849 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
5850 required in Subsection (1)(b):
5851 (a) may be combined with the notice required under Section 59-2-919; and
5852 (b) shall be published in accordance with the advertisement provisions of Section
5853 59-2-919.
5854 (3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
5855 notice required in Subsection (1)(b):
5856 (a) may be combined with the notice required under Section 17B-1-643; and
5857 (b) shall be published or mailed in accordance with the notice provisions of Section
5858 17B-1-643.
5859 (4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
5860 prima facie evidence that notice was properly given.
5861 (5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
5862 30 days after the day on which the hearing is held, the notice is adequate and proper.
5863 (6) A board of trustees of a local district with an annual operating budget of less than
5864 $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
5865 (a) mailing a written notice, postage prepaid, to each voter in the local district; and
5866 (b) posting the notice in three public places within the district.
5867 Section 106. Section 17B-1-643 is amended to read:
5868 17B-1-643. Imposing or increasing a fee for service provided by local district.
5869 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
5870 by a local district, each local district board of trustees shall first hold a public hearing at which:
5871 (i) the local district shall demonstrate its need to impose or increase the fee; and
5872 (ii) any interested person may speak for or against the proposal to impose a fee or to
5873 increase an existing fee.
5874 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
5875 no earlier than 6 p.m.
5876 (c) A public hearing required under this Subsection (1) may be combined with a public
5877 hearing on a tentative budget required under Section 17B-1-610.
5878 (d) Except to the extent that this section imposes more stringent notice requirements,
5879 the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
5880 in holding the public hearing under Subsection (1)(a).
5881 (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
5882 provided in Subsections (2)(b) and (c) or Subsection (2)(d).
5883 (b) The local district board shall[
5884 the local district, as a class A notice under Section 63G-28-102, for at least 30 days.
5885 [
5886
5887 [
5888
5889
5890 (c) The notice described in Subsection (2)(b) shall state that the local district board
5891 intends to impose or increase a fee for a service provided by the local district and will hold a
5892 public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
5893 seven days after the day the first notice is published, for the purpose of hearing comments
5894 regarding the proposed imposition or increase of a fee and to explain the reasons for the
5895 proposed imposition or increase.
5896 (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
5897 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
5898 within the district who:
5899 (A) will be charged the fee for a district service, if the fee is being imposed for the first
5900 time; or
5901 (B) are being charged a fee, if the fee is proposed to be increased.
5902 (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
5903 (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
5904 fee.
5905 (e) If the hearing required under this section is combined with the public hearing
5906 required under Section 17B-1-610, the notice required under this Subsection (2):
5907 (i) may be combined with the notice required under Section 17B-1-609; and
5908 (ii) shall be posted or mailed in accordance with the notice provisions of this section.
5909 (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
5910 evidence that notice was properly given.
5911 (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
5912 within 30 days after the date of the hearing, the notice is considered adequate and proper.
5913 [
5914 may:
5915 [
5916 [
5917 and then impose the new fee or increase the existing fee as adjusted; or
5918 [
5919 [
5920 fee that occurs on or after July 1, 1998.
5921 [
5922 [
5923 36a, Impact Fees Act.
5924 Section 107. Section 17B-1-1204 is amended to read:
5925 17B-1-1204. Notice of the hearing on a validation petition -- Amended or
5926 supplemented validation petition.
5927 (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
5928 validation petition, the local district that filed the petition shall [
5929 a class A notice under Section 63G-28-102, for at least 21 days before the date of the hearing.
5930 [
5931
5932 [
5933
5934 (2) Each notice under Subsection (1) shall:
5935 (a) state the date, time, and place of the hearing on the validation petition;
5936 (b) include a general description of the contents of the validation petition; and
5937 (c) if applicable, state the location where a complete copy of a contract that is the
5938 subject of the validation petition may be examined.
5939 (3) If a district amends or supplements a validation petition under Subsection
5940 17B-1-1202(3) after publishing and posting notice as required under Subsection (1), the district
5941 is not required to publish or post notice again unless required by the court.
5942 Section 108. Section 17B-1-1307 is amended to read:
5943 17B-1-1307. Notice of public hearing and of dissolution.
5944 (1) Before holding a public hearing required under Section 17B-1-1306, the
5945 administrative body shall[
5946 dissolution[
5947 63G-28-102, for 30 days before the day of the public hearing.
5948 [
5949
5950 [
5951
5952 [
5953
5954 (2) Each notice required under Subsection (1) shall:
5955 (a) identify the local district proposed to be dissolved and the service it was created to
5956 provide; and
5957 (b) state the date, time, and location of the public hearing.
5958 Section 109. Section 17B-2a-705 is amended to read:
5959 17B-2a-705. Taxation -- Additional levy -- Election -- Notice.
5960 (1) If a mosquito abatement district board of trustees determines that the funds required
5961 during the next ensuing fiscal year will exceed the maximum amount that the district is
5962 authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
5963 on a date specified in Section 20A-1-204 and submit to district voters the question of whether
5964 the district should be authorized to impose an additional tax to raise the necessary additional
5965 funds.
5966 (2) The board shall provide notice of the election[
5967 under Section 63G-28-102, for at least four weeks before the day of the election.
5968 [
5969
5970
5971 [
5972
5973 [
5974
5975 [
5976
5977 (3) No particular form of ballot is required, and no informalities in conducting the
5978 election may invalidate the election, if it is otherwise fairly conducted.
5979 (4) At the election each ballot shall contain the words, "Shall the district be authorized
5980 to impose an additional tax to raise the additional sum of $____?"
5981 (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
5982 of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
5983 additional levy to raise the additional amount of money required.
5984 Section 110. Section 17B-2a-1007 is amended to read:
5985 17B-2a-1007. Contract assessments -- Notice.
5986 (1) As used in this section:
5987 (a) "Assessed land" means:
5988 (i) for a contract assessment under a water contract with a private water user, the land
5989 owned by the private water user that receives the beneficial use of water under the water
5990 contract; or
5991 (ii) for a contract assessment under a water contract with a public water user, the land
5992 within the boundaries of the public water user that is within the boundaries of the water
5993 conservancy district and that receives the beneficial use of water under the water contract.
5994 (b) "Contract assessment" means an assessment levied as provided in this section by a
5995 water conservancy district on assessed land.
5996 (c) "Governing body" means:
5997 (i) for a county, city, or town, the legislative body of the county, city, or town;
5998 (ii) for a local district, the board of trustees of the local district;
5999 (iii) for a special service district:
6000 (A) the legislative body of the county, city, or town that established the special service
6001 district, if no administrative control board has been appointed under Section 17D-1-301; or
6002 (B) the administrative control board of the special service district, if an administrative
6003 control board has been appointed under Section 17D-1-301; and
6004 (iv) for any other political subdivision of the state, the person or body with authority to
6005 govern the affairs of the political subdivision.
6006 (d) "Petitioner" means a private petitioner or a public petitioner.
6007 (e) "Private petitioner" means an owner of land within a water conservancy district
6008 who submits a petition to a water conservancy district under Subsection (3) to enter into a
6009 water contract with the district.
6010 (f) "Private water user" means an owner of land within a water conservancy district
6011 who enters into a water contract with the district.
6012 (g) "Public petitioner" means a political subdivision of the state:
6013 (i) whose territory is partly or entirely within the boundaries of a water conservancy
6014 district; and
6015 (ii) that submits a petition to a water conservancy district under Subsection (3) to enter
6016 into a water contract with the district.
6017 (h) "Public water user" 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 enters into a water contract with the district.
6021 (i) "Water contract" means a contract between a water conservancy district and a
6022 private water user or a public water user under which the water user purchases, leases, or
6023 otherwise acquires the beneficial use of water from the water conservancy district for the
6024 benefit of:
6025 (i) land owned by the private water user; or
6026 (ii) land within the public water user's boundaries that is also within the boundaries of
6027 the water conservancy district.
6028 (j) "Water user" means a private water user or a public water user.
6029 (2) A water conservancy district may levy a contract assessment as provided in this
6030 section.
6031 (3) (a) The governing body of a public petitioner may authorize its chief executive
6032 officer to submit a written petition on behalf of the public petitioner to a water conservancy
6033 district requesting to enter into a water contract.
6034 (b) A private petitioner may submit a written petition to a water conservancy district
6035 requesting to enter into a water contract.
6036 (c) Each petition under this Subsection (3) shall include:
6037 (i) the petitioner's name;
6038 (ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
6039 (iii) a description of the land upon which the water will be used;
6040 (iv) the price to be paid for the water;
6041 (v) the amount of any service, turnout, connection, distribution system, or other charge
6042 to be paid;
6043 (vi) whether payment will be made in cash or annual installments;
6044 (vii) a provision requiring the contract assessment to become a lien on the land for
6045 which the water is petitioned and is to be allotted; and
6046 (viii) an agreement that the petitioner is bound by the provisions of this part and the
6047 rules and regulations of the water conservancy district board of trustees.
6048 (4) (a) If the board of a water conservancy district desires to consider a petition
6049 submitted by a petitioner under Subsection (3), the board shall:
6050 (i) [
6051 (4)(a)(ii) [
6052 conservancy district, as a class A notice under Section 63G-28-102, for at least two successive
6053 weeks immediately before the date of the hearing; and
6054 (ii) hold a public hearing on the petition.
6055 (b) Each notice under Subsection (4)(a)(i) shall:
6056 (i) state that a petition has been filed and that the district is considering levying a
6057 contract assessment; and
6058 (ii) give the date, time, and place of the hearing required under Subsection (4)(a)(ii).
6059 (c) (i) At each hearing required under Subsection (4)(a)(ii), the board of trustees of the
6060 water conservancy district shall:
6061 (A) allow any interested person to appear and explain why the petition should not be
6062 granted; and
6063 (B) consider each written objection to the granting of the petition that the board
6064 receives before or at the hearing.
6065 (ii) The board of trustees may adjourn and reconvene the hearing as the board
6066 considers appropriate.
6067 (d) (i) Any interested person may file with the board of the water conservancy district,
6068 at or before the hearing under Subsection (4)(a)(ii), a written objection to the district's granting
6069 a petition.
6070 (ii) Each person who fails to submit a written objection within the time provided under
6071 Subsection (4)(d)(i) is considered to have consented to the district's granting the petition and
6072 levying a contract assessment.
6073 (5) After holding a public hearing as required under Subsection (4)(a)(ii), the board of
6074 trustees of a water conservancy district may:
6075 (a) deny the petition; or
6076 (b) grant the petition, if the board considers granting the petition to be in the best
6077 interests of the district.
6078 (6) The board of a water conservancy district that grants a petition under this section
6079 may:
6080 (a) make an allotment of water for the benefit of assessed land;
6081 (b) authorize any necessary construction to provide for the use of water upon the terms
6082 and conditions stated in the water contract;
6083 (c) divide the district into units and fix a different rate for water purchased or otherwise
6084 acquired and for other charges within each unit, if the rates and charges are equitable, although
6085 not equal and uniform, for similar classes of services throughout the district; and
6086 (d) levy a contract assessment on assessed land.
6087 (7) (a) The board of trustees of each water conservancy district that levies a contract
6088 assessment under this section shall:
6089 (i) cause a certified copy of the resolution, ordinance, or order levying the assessment
6090 to be recorded in the office of the recorder of each county in which assessed land is located;
6091 and
6092 (ii) on or before July 1 of each year after levying the contract assessment, certify to the
6093 auditor of each county in which assessed land is located the amount of the contract assessment.
6094 (b) Upon the recording of the resolution, ordinance, or order, in accordance with
6095 Subsection (7)(a)(i):
6096 (i) the contract assessment associated with allotting water to the assessed land under
6097 the water contract becomes a political subdivision lien, as that term is defined in Section
6098 11-60-102, on the assessed land, in accordance with Title 11, Chapter 60, Political Subdivision
6099 Lien Authority, as of the effective date of the resolution, ordinance, or order; and
6100 (ii) (A) the board of trustees of the water conservancy district shall certify the amount
6101 of the assessment to the county treasurer; and
6102 (B) the county treasurer shall include the certified amount on the property tax notice
6103 required by Section 59-2-1317 for that year.
6104 (c) (i) Each county in which assessed land is located shall collect the contract
6105 assessment in the same manner as taxes levied by the county.
6106 (ii) If the amount of a contract assessment levied under this section is not paid in full in
6107 a given year:
6108 (A) by September 15, the governing body of the water conservancy district that levies
6109 the contract assessment shall certify any unpaid amount to the treasurer of the county in which
6110 the property is located; and
6111 (B) the county treasurer shall include the certified amount on the property tax notice
6112 required by Section 59-2-1317 for that year.
6113 (8) (a) The board of trustees of each water conservancy district that levies a contract
6114 assessment under this section shall:
6115 (i) hold a public hearing, before August 8 of each year in which a contract assessment
6116 is levied, to hear and consider objections filed under Subsection (8)(b); and
6117 (ii) [
6118 (A) [
6119 conservancy district, as a class A notice under Section 63G-28-102, for at least the two
6120 consecutive weeks before the day of the public hearing; and
6121 (B) that contains a general description of the assessed land, the amount of the contract
6122 assessment, and the time and place of the public hearing under Subsection (8)(a)(i).
6123 (b) An owner of assessed land within the water conservancy district who believes that
6124 the contract assessment on the owner's land is excessive, erroneous, or illegal may, before the
6125 hearing under Subsection (8)(a)(i), file with the board of trustees a verified, written objection to
6126 the assessment, stating the grounds for the objection.
6127 (c) (i) At each hearing under Subsection (8)(a)(i), the board of trustees shall hear and
6128 consider the evidence and arguments supporting each objection.
6129 (ii) After hearing and considering the evidence and arguments supporting an objection,
6130 the board of trustees:
6131 (A) shall enter a written order, stating its decision; and
6132 (B) may modify the assessment.
6133 (d) (i) An owner of assessed land may file a petition in district court seeking review of
6134 a board of trustees' order under Subsection (8)(c)(ii)(A).
6135 (ii) Each petition under Subsection (8)(d)(i) shall:
6136 (A) be filed within 30 days after the board enters its written order;
6137 (B) state specifically the part of the board's order for which review is sought; and
6138 (C) be accompanied by a bond with good and sufficient security in an amount not
6139 exceeding $200, as determined by the court clerk.
6140 (iii) If more than one owner of assessed land seeks review, the court may, upon a
6141 showing that the reviews may be consolidated without injury to anyone's interests, consolidate
6142 the reviews and hear them together.
6143 (iv) The court shall act as quickly as possible after a petition is filed.
6144 (v) A court may not disturb a board of trustees' order unless the court finds that the
6145 contract assessment on the petitioner's assessed land is manifestly disproportionate to
6146 assessments imposed upon other land in the district.
6147 (e) If no petition under Subsection (8)(d) is timely filed, the contract assessment is
6148 conclusively considered to have been made in proportion to the benefits conferred on the land
6149 in the district.
6150 (9) Each resolution, ordinance, or order under which a water conservancy district
6151 levied a Class B, Class C, or Class D assessment before April 30, 2007, under the law in effect
6152 at the time of the levy is validated, ratified, and confirmed, and a water conservancy district
6153 may continue to levy the assessment according to the terms of the resolution, ordinance, or
6154 order.
6155 (10) A contract assessment is not a levy of an ad valorem property tax and is not
6156 subject to the limits stated in Section 17B-2a-1006.
6157 Section 111. Section 17B-2a-1110 is amended to read:
6158 17B-2a-1110. Withdrawal from a municipal services district upon incorporation
6159 -- Feasibility study required for city or town withdrawal -- Public hearing -- Notice --
6160 Revenues transferred to municipal services district.
6161 (1) (a) A municipality may withdraw from a municipal services district in accordance
6162 with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
6163 (b) If a municipality engages a feasibility consultant to conduct a feasibility study
6164 under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)(B) is tolled
6165 from the day that the municipality engages the feasibility consultant to the day on which the
6166 municipality holds the final public hearing under Subsection (5).
6167 (2) (a) If a municipality decides to withdraw from a municipal services district, the
6168 municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
6169 17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
6170 (b) The feasibility consultant shall be chosen:
6171 (i) by the municipal legislative body; and
6172 (ii) in accordance with applicable municipal procurement procedures.
6173 (3) The municipal legislative body shall require the feasibility consultant to:
6174 (a) complete the feasibility study and submit the written results to the municipal
6175 legislative body before the council adopts a resolution under Section 17B-1-502;
6176 (b) submit with the full written results of the feasibility study a summary of the results
6177 no longer than one page in length; and
6178 (c) attend the public hearings under Subsection (5).
6179 (4) (a) The feasibility study shall consider:
6180 (i) population and population density within the withdrawing municipality;
6181 (ii) current and five-year projections of demographics and economic base in the
6182 withdrawing municipality, including household size and income, commercial and industrial
6183 development, and public facilities;
6184 (iii) projected growth in the withdrawing municipality during the next five years;
6185 (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
6186 including overhead, of municipal services in the withdrawing municipality;
6187 (v) assuming the same tax categories and tax rates as currently imposed by the
6188 municipal services district and all other current service providers, the present and five-year
6189 projected revenue for the withdrawing municipality;
6190 (vi) a projection of any new taxes per household that may be levied within the
6191 withdrawing municipality within five years of the withdrawal; and
6192 (vii) the fiscal impact on other municipalities serviced by the municipal services
6193 district.
6194 (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
6195 level and quality of municipal services to be provided to the withdrawing municipality in the
6196 future that fairly and reasonably approximates the level and quality of municipal services being
6197 provided to the withdrawing municipality at the time of the feasibility study.
6198 (ii) In determining the present cost of a municipal service, the feasibility consultant
6199 shall consider:
6200 (A) the amount it would cost the withdrawing municipality to provide municipal
6201 services for the first five years after withdrawing; and
6202 (B) the municipal services district's present and five-year projected cost of providing
6203 municipal services.
6204 (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
6205 and anticipated growth.
6206 (5) If the results of the feasibility study meet the requirements of Subsection (4), the
6207 municipal legislative body shall, at its next regular meeting after receipt of the results of the
6208 feasibility study, schedule at least one public hearing to be held:
6209 (a) within the following 60 days; and
6210 (b) for the purpose of allowing:
6211 (i) the feasibility consultant to present the results of the study; and
6212 (ii) the public to become informed about the feasibility study results, including the
6213 requirement that if the municipality withdraws from the municipal services district, the
6214 municipality must comply with Subsection (9), and to ask questions about those results of the
6215 feasibility consultant.
6216 (6) At a public hearing described in Subsection (5), the municipal legislative body
6217 shall:
6218 (a) provide a copy of the feasibility study for public review; and
6219 (b) allow the public to express its views about the proposed withdrawal from the
6220 municipal services district.
6221 (7) (a) The municipal clerk or recorder shall publish notice of the public hearings
6222 required under Subsection (5)[
6223 63G-28-102, for at least three weeks before the day of the first hearing described in Subsection
6224 (5).
6225 [
6226
6227 [
6228
6229
6230 [
6231
6232 [
6233 and shall indicate that a full copy of the study is available for inspection and copying at the
6234 office of the municipal clerk or recorder.
6235 (8) At a public meeting held after the public hearing required under Subsection (5), the
6236 municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
6237 applicable, if the municipality is in compliance with the other requirements of that section.
6238 (9) The municipality shall pay revenues in excess of 5% to the municipal services
6239 district for 10 years beginning on the next fiscal year immediately following the municipal
6240 legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
6241 or 17B-1-505 if the results of the feasibility study show that the average annual amount of
6242 revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
6243 (4)(a)(iv) by more than 5%.
6244 Section 112. Section 17C-1-207 is amended to read:
6245 17C-1-207. Public entities may assist with project area development -- Notice
6246 requirements.
6247 (1) In order to assist and cooperate in the planning, undertaking, construction, or
6248 operation of project area development within an area in which the public entity is authorized to
6249 act, a public entity may:
6250 (a) (i) provide or cause to be furnished:
6251 (A) parks, playgrounds, or other recreational facilities;
6252 (B) community, educational, water, sewer, or drainage facilities; or
6253 (C) any other works which the public entity is otherwise empowered to undertake;
6254 (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
6255 replan streets, roads, roadways, alleys, sidewalks, or other places;
6256 (iii) in any part of the project area:
6257 (A) (I) plan or replan any property within the project area;
6258 (II) plat or replat any property within the project area;
6259 (III) vacate a plat;
6260 (IV) amend a plat; or
6261 (V) zone or rezone any property within the project area; and
6262 (B) make any legal exceptions from building regulations and ordinances;
6263 (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
6264 rights of any holder of the bonds;
6265 (v) notwithstanding any law to the contrary, enter into an agreement for a period of
6266 time with another public entity concerning action to be taken pursuant to any of the powers
6267 granted in this title;
6268 (vi) do anything necessary to aid or cooperate in the planning or implementation of the
6269 project area development;
6270 (vii) in connection with the project area plan, become obligated to the extent
6271 authorized and funds have been made available to make required improvements or construct
6272 required structures; and
6273 (viii) lend, grant, or contribute funds to an agency for project area development or
6274 proposed project area development, including assigning revenue or taxes in support of an
6275 agency bond or obligation; and
6276 (b) for less than fair market value or for no consideration, and subject to Subsection
6277 (3):
6278 (i) purchase or otherwise acquire property from an agency;
6279 (ii) lease property from an agency;
6280 (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
6281 an agency; or
6282 (iv) lease the public entity's property to an agency.
6283 (2) The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:
6284 (a) project area development assistance that a public entity provides under this section;
6285 or
6286 (b) a transfer of funds or property from an agency to a public entity.
6287 (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
6288 than 15 days after the day on which the public entity [
6289 publishing notice of the assistance [
6290 under Section 63G-28-102, for at least 15 days.
6291 [
6292 [
6293 Section 113. Section 17C-1-601.5 is amended to read:
6294 17C-1-601.5. Annual agency budget -- Fiscal year -- Public hearing required --
6295 Notice -- Auditor forms -- Requirement to file form.
6296 (1) Each agency shall prepare an annual budget of the agency's revenues and
6297 expenditures for each fiscal year.
6298 (2) The board shall adopt each agency budget:
6299 (a) for an agency created by a municipality, before June 30; or
6300 (b) for an agency created by a county, before December 15.
6301 (3) The agency's fiscal year shall be the same as the fiscal year of the community that
6302 created the agency.
6303 (4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
6304 annual budget.
6305 (b) Each agency shall provide notice of the public hearing on the annual budget [
6306 for the agency's jurisdiction, as a class A notice under Section 63G-28-102, for at least one
6307 week before the day of the public hearing.
6308 [
6309
6310 [
6311
6312 (c) Each agency shall make the annual budget available for public inspection at least
6313 three days before the date of the public hearing.
6314 (5) The state auditor shall prescribe the budget forms and the categories to be contained
6315 in each annual budget, including:
6316 (a) revenues and expenditures for the budget year;
6317 (b) legal fees; and
6318 (c) administrative costs, including rent, supplies, and other materials, and salaries of
6319 agency personnel.
6320 (6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
6321 the annual budget with the auditor of the county in which the agency is located, the State Tax
6322 Commission, the state auditor, the State Board of Education, and each taxing entity from which
6323 the agency receives project area funds.
6324 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
6325 state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
6326 state auditor.
6327 Section 114. Section 17C-1-701.5 is amended to read:
6328 17C-1-701.5. Agency dissolution -- Restrictions -- Notice -- Recording
6329 requirements -- Agency records -- Dissolution expenses.
6330 (1) (a) Subject to Subsection (1)(b), the community legislative body may, by ordinance,
6331 dissolve an agency.
6332 (b) A community legislative body may adopt an ordinance described in Subsection
6333 (1)(a) only if the agency has no outstanding bonded indebtedness, other unpaid loans,
6334 indebtedness, or advances, and no legally binding contractual obligations with a person other
6335 than the community.
6336 (2) (a) The community legislative body shall:
6337 (i) within 10 days after adopting an ordinance described in Subsection (1), file with the
6338 lieutenant governor a copy of a notice of an impending boundary action, as defined in Section
6339 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
6340 (ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
6341 67-1a-6.5, submit to the recorder of the county in which the agency is located:
6342 (A) the original notice of an impending boundary action;
6343 (B) the original certificate of dissolution; and
6344 (C) a certified copy of the ordinance that dissolves the agency.
6345 (b) Upon the lieutenant governor's issuance of the certificate of dissolution under
6346 Section 67-1a-6.5, the agency is dissolved.
6347 (c) Within 10 days after receiving the certificate of dissolution from the lieutenant
6348 governor under Section 67-1a-6.5, the community legislative body shall send a copy of the
6349 certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
6350 Education, and each taxing entity.
6351 (d) The community legislative body shall post a notice of dissolution [
6352
6353 under Section 63G-28-102, for at least 10 days.
6354 (3) The books, documents, records, papers, and seal of each dissolved agency shall be
6355 deposited for safekeeping and reference with the recorder of the community that dissolved the
6356 agency.
6357 (4) The agency shall pay all expenses of the dissolution.
6358 Section 115. Section 17C-1-804 is amended to read:
6359 17C-1-804. Notice required for continued hearing.
6360 The board shall give notice of a hearing continued under Section 17C-1-803 by
6361 announcing at the hearing:
6362 (1) the date, time, and place the hearing will be resumed; or
6363 (2) (a) that the hearing is being continued to a later time; and
6364 (b) that the board will cause a notice of the continued hearing to be published [
6365
6366 notice under Section 63G-28-102, for at least seven days before the day on which the hearing is
6367 scheduled to resume.
6368 Section 116. Section 17C-1-806 is amended to read:
6369 17C-1-806. Requirements for notice provided by agency.
6370 (1) The notice required by Section 17C-1-805 shall be given by:
6371 (a) publishing notice for the county, as a class A notice under Section 63G-28-102, for
6372 at least 14 days before the day on which the hearing is held; and
6373 [
6374
6375
6376 [
6377
6378 [
6379 [
6380
6381 (b) at least 30 days before the hearing, mailing notice to:
6382 (i) each record owner of property located within the project area or proposed project
6383 area;
6384 (ii) the State Tax Commission;
6385 (iii) the assessor and auditor of the county in which the project area or proposed project
6386 area is located; and
6387 (iv) (A) if a project area is subject to a taxing entity committee, each member of the
6388 taxing entity committee and the State Board of Education; or
6389 (B) if a project area is not subject to a taxing entity committee, the legislative body or
6390 governing board of each taxing entity within the boundaries of the project area or proposed
6391 project area.
6392 (2) The mailing of the notice to record property owners required under Subsection
6393 (1)(b)(i) shall be conclusively considered to have been properly completed if:
6394 (a) the agency mails the notice to the property owners as shown in the records,
6395 including an electronic database, of the county recorder's office and at the addresses shown in
6396 those records; and
6397 (b) the county recorder's office records used by the agency in identifying owners to
6398 whom the notice is mailed and their addresses were obtained or accessed from the county
6399 recorder's office no earlier than 30 days before the mailing.
6400 (3) The agency shall include in each notice required under Section 17C-1-805:
6401 (a) (i) a boundary description of the project area or proposed project area; or
6402 (ii) (A) a mailing address or telephone number where a person may request that a copy
6403 of the boundary description be sent at no cost to the person by mail, email, or facsimile
6404 transmission; and
6405 (B) if the agency or community has an Internet website, an Internet address where a
6406 person may gain access to an electronic, printable copy of the boundary description and other
6407 related information;
6408 (b) a map of the boundaries of the project area or proposed project area;
6409 (c) an explanation of the purpose of the hearing; and
6410 (d) a statement of the date, time, and location of the hearing.
6411 (4) The agency shall include in each notice under Subsection (1)(b):
6412 (a) a statement that property tax revenue resulting from an increase in valuation of
6413 property within the project area or proposed project area will be paid to the agency for project
6414 area development rather than to the taxing entity to which the tax revenue would otherwise
6415 have been paid if:
6416 (i) (A) the taxing entity committee consents to the project area budget; or
6417 (B) one or more taxing entities agree to share property tax revenue under an interlocal
6418 agreement; and
6419 (ii) the project area plan provides for the agency to receive tax increment; and
6420 (b) an invitation to the recipient of the notice to submit to the agency comments
6421 concerning the subject matter of the hearing before the date of the hearing.
6422 (5) An agency may include in a notice under Subsection (1) any other information the
6423 agency considers necessary or advisable, including the public purpose achieved by the project
6424 area development and any future tax benefits expected to result from the project area
6425 development.
6426 Section 117. Section 17C-1-1003 is amended to read:
6427 17C-1-1003. Interlocal agreement -- Notice requirements -- Effective date.
6428 (1) An agency that enters into an interlocal agreement under Section 17C-1-1002 shall:
6429 (a) adopt the interlocal agreement at an open and public meeting; and
6430 (b) provide a notice, in accordance with Subsections (2) and (3), titled "Authorization
6431 to Levy a Property Tax."
6432 (2) Upon the execution of an interlocal agreement, the agency shall provide, subject to
6433 Subsection (3), notice of the execution by[
6434 as a class A notice under Section 63G-28-102, for at least 14 days.
6435 [
6436
6437 [
6438
6439
6440 [
6441
6442 (3) A notice described in Subsection (2) shall include:
6443 (a) a summary of the interlocal agreement; and
6444 (b) a statement that the interlocal agreement:
6445 (i) is available for public inspection and the place and the hours for inspection; and
6446 (ii) authorizes the agency to:
6447 (A) receive all or a portion of a taxing entity's project area incremental revenue; and
6448 (B) levy a property tax on taxable property within the agency's boundaries.
6449 (4) An interlocal agreement described in Section 17C-1-1002 is effective the day on
6450 which the notice is published or posted in accordance with Subsections (2) and (3).
6451 (5) An eligible taxing entity that enters into an interlocal agreement under Section
6452 17C-1-1002 shall make a copy of the interlocal agreement available to the public for inspecting
6453 and copying at the eligible taxing entity's office during normal business hours.
6454 Section 118. Section 17C-2-108 is amended to read:
6455 17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
6456 of plan -- Contesting the formation of the plan.
6457 (1) (a) Upon the community legislative body's adoption of an urban renewal project
6458 area plan, or an amendment to a project area plan under Section 17C-2-110, the community
6459 legislative body shall provide notice as provided in Subsection (1)(b) by[
6460 for the agency's jurisdiction, as a class A notice under Section 63G-28-102, for at least 30 days.
6461 [
6462
6463 [
6464
6465 (b) Each notice under Subsection (1)(a) shall:
6466 (i) set forth the community legislative body's ordinance adopting the project area plan
6467 or a summary of the ordinance; and
6468 (ii) include a statement that the project area plan is available for general public
6469 inspection and the hours for inspection.
6470 (2) The project area plan shall become effective [
6471 30-day period described in Subsection (1)(a).
6472 [
6473 [
6474 (3) (a) For a period of 30 days after the effective date of the project area plan under
6475 Subsection (2), any person may contest the project area plan or the procedure used to adopt the
6476 project area plan if the plan or procedure fails to comply with applicable statutory
6477 requirements.
6478 (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
6479 the project area plan or procedure used to adopt the project area plan for any cause.
6480 (4) Upon adoption of the project area plan by the community legislative body, the
6481 agency may carry out the project area plan.
6482 (5) Each agency shall make the project area plan available to the general public at the
6483 agency's office during normal business hours.
6484 Section 119. Section 17C-3-107 is amended to read:
6485 17C-3-107. Notice of economic development project area plan adoption --
6486 Effective date of plan -- Contesting the formation of the plan.
6487 (1) (a) Upon the community legislative body's adoption of an economic development
6488 project area plan, or an amendment to the project area plan under Section 17C-3-109 that
6489 requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by[
6490 publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-28-102,
6491 for at least 30 days.
6492 [
6493
6494 [
6495
6496 (b) Each notice under Subsection (1)(a) shall:
6497 (i) set forth the community legislative body's ordinance adopting the project area plan
6498 or a summary of the ordinance; and
6499 (ii) include a statement that the project area plan is available for public inspection and
6500 the hours for inspection.
6501 (2) The project area plan shall become effective [
6502 30-day period described in Subsection (1)(a).
6503 [
6504 [
6505 (3) (a) For a period of 30 days after the effective date of the project area plan under
6506 Subsection (2), any person may contest the project area plan or the procedure used to adopt the
6507 project area plan if the plan or procedure fails to comply with applicable statutory
6508 requirements.
6509 (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
6510 the project area plan or procedure used to adopt the project area plan for any cause.
6511 (4) Upon adoption of the economic development project area plan by the community
6512 legislative body, the agency may implement the project area plan.
6513 (5) Each agency shall make the economic development project area plan available to
6514 the general public at the agency's office during normal business hours.
6515 Section 120. Section 17C-4-106 is amended to read:
6516 17C-4-106. Notice of community development project area plan adoption --
6517 Effective date of plan -- Contesting the formation of the plan.
6518 (1) (a) Upon the community legislative body's adoption of a community development
6519 project area plan, the community legislative body shall provide notice as provided in
6520 Subsection (1)(b) by[
6521 Section 63G-28-102, for at least 30 days.
6522 [
6523
6524 [
6525
6526 (b) Each notice under Subsection (1)(a) shall:
6527 (i) set forth the community legislative body's ordinance adopting the community
6528 development project area plan or a summary of the ordinance; and
6529 (ii) include a statement that the project area plan is available for general public
6530 inspection and the hours for inspection.
6531 (2) The community development project area plan shall become effective [
6532
6533 in Subsection (1)(a).
6534 (3) (a) For a period of 30 days after the effective date of the community development
6535 project area plan under Subsection (2), any person may contest the project area plan or the
6536 procedure used to adopt the project area plan if the plan or procedure fails to comply with
6537 applicable statutory requirements.
6538 (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
6539 the community development project area plan or procedure used to adopt the project area plan
6540 for any cause.
6541 (4) Upon adoption of the community development project area plan by the community
6542 legislative body, the agency may carry out the project area plan.
6543 (5) Each agency shall make the adopted project area plan available to the public at the
6544 agency's office during normal business hours.
6545 Section 121. Section 17C-4-109 is amended to read:
6546 17C-4-109. Expedited community development project area plan -- Notice.
6547 (1) As used in this section, "tax increment incentive" means the portion of tax
6548 increment awarded to an industry or business.
6549 (2) A community development project area plan may be adopted or amended without
6550 complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
6551 Hearing and Notice Requirements, if the following requirements are met:
6552 (a) the agency determines by resolution adopted in an open and public meeting the
6553 need to create or amend a project area plan on an expedited basis, which resolution shall
6554 include a description of why expedited action is needed;
6555 (b) a public hearing on the amendment or adoption of the project area plan is held by
6556 the agency;
6557 (c) notice of the public hearing is published at least 14 days before the day of the public
6558 hearing [
6559 63G-28-102, for at least 14 days;
6560 [
6561 [
6562 (d) written consent to the amendment or adoption of the project area plan is given by
6563 all record property owners within the existing or proposed project area;
6564 (e) each taxing entity that will be affected by the tax increment incentive enters into or
6565 amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
6566 Act, and Sections 17C-4-201, 17C-4-203, and 17C-4-204;
6567 (f) the primary market for the goods or services that will be created by the industry or
6568 business entity that will receive a tax increment incentive from the amendment or adoption of
6569 the project area plan is outside of the state;
6570 (g) the industry or business entity that will receive a tax increment incentive from the
6571 amendment or adoption of the project area plan is not primarily engaged in retail trade; and
6572 (h) a tax increment incentive is only provided to an industry or business entity:
6573 (i) on a postperformance basis as described in Subsection (3); and
6574 (ii) on an annual basis after the tax increment is received by the agency.
6575 (3) An industry or business entity may only receive a tax increment incentive under this
6576 section after entering into an agreement with the agency that sets postperformance targets that
6577 shall be met before the industry or business entity may receive the tax increment incentive,
6578 including annual targets for:
6579 (a) capital investment in the project area;
6580 (b) the increase in the taxable value of the project area;
6581 (c) the number of new jobs created in the project area;
6582 (d) the average wages of the jobs created, which shall be at least 110% of the
6583 prevailing wage of the county where the project area is located; and
6584 (e) the amount of local vendor opportunity generated by the industry or business entity.
6585 Section 122. Section 17C-4-202 is amended to read:
6586 17C-4-202. Resolution or interlocal agreement to provide project area funds for
6587 the community development project area plan -- Notice -- Effective date of resolution or
6588 interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
6589 of resolution or interlocal agreement.
6590 (1) The approval and adoption of each resolution or interlocal agreement under
6591 Subsection 17C-4-201(2) shall be in an open and public meeting.
6592 (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
6593 17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by[
6594 notice for the agency's jurisdiction, as a class A notice under Section 63G-28-102, for 30 days.
6595 [
6596
6597 [
6598
6599 (b) Each notice under Subsection (2)(a) shall:
6600 (i) set forth a summary of the resolution or interlocal agreement; and
6601 (ii) include a statement that the resolution or interlocal agreement is available for
6602 public inspection and the hours of inspection.
6603 (3) The resolution or interlocal agreement shall become effective [
6604
6605 Subsection (2)(a).
6606 (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
6607 agreement under Subsection (3), any person may contest the resolution or interlocal agreement
6608 or the procedure used to adopt the resolution or interlocal agreement if the resolution or
6609 interlocal agreement or procedure fails to comply with applicable statutory requirements.
6610 (b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
6611 (i) the resolution or interlocal agreement;
6612 (ii) a distribution of tax increment to the agency under the resolution or interlocal
6613 agreement; or
6614 (iii) the agency's use of project area funds under the resolution or interlocal agreement.
6615 (5) Each agency that is to receive project area funds under a resolution or interlocal
6616 agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters
6617 into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal
6618 agreement, as the case may be, available at the taxing entity's offices to the public for
6619 inspection and copying during normal business hours.
6620 Section 123. Section 17C-5-110 is amended to read:
6621 17C-5-110. Notice of community reinvestment project area plan adoption --
6622 Effective date of plan -- Contesting the formation of the plan.
6623 (1) (a) Upon a community legislative body's adoption of a community reinvestment
6624 project area plan in accordance with Section 17C-5-109, or an amendment to a community
6625 reinvestment project area plan in accordance with Section 17C-5-112, the community
6626 legislative body shall provide notice of the adoption or amendment in accordance with
6627 Subsection (1)(b) by[
6628 63G-28-102, for 30 days.
6629 [
6630
6631 [
6632
6633 (b) A notice described in Subsection (1)(a) shall include:
6634 (i) a copy of the community legislative body's ordinance, or a summary of the
6635 ordinance, that adopts the community reinvestment project area plan; and
6636 (ii) a statement that the community reinvestment project area plan is available for
6637 public inspection and the hours for inspection.
6638 (2) A community reinvestment project area plan is effective [
6639
6640 30-day period described in Subsection (1)(a).
6641 (3) A community reinvestment project area is considered created the day on which the
6642 community reinvestment project area plan becomes effective as described in Subsection (2).
6643 (4) (a) Within 30 days after the day on which a community reinvestment project area
6644 plan is effective, a person may contest the community reinvestment project area plan or the
6645 procedure used to adopt the community reinvestment project area plan if the community
6646 reinvestment project area plan or the procedure fails to comply with a provision of this title.
6647 (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
6648 contest the community reinvestment project area plan or the procedure used to adopt the
6649 community reinvestment project area plan.
6650 (5) Upon adoption of a community reinvestment project area plan by the community
6651 legislative body, the agency may implement the community reinvestment project area plan.
6652 (6) The agency shall make the community reinvestment project area plan available to
6653 the public at the agency's office during normal business hours.
6654 Section 124. Section 17C-5-113 is amended to read:
6655 17C-5-113. Expedited community reinvestment project area plan -- Hearing and
6656 notice requirements.
6657 (1) As used in this section:
6658 (a) "Qualified business entity" means a business entity that:
6659 (i) has a primary market for the qualified business entity's goods or services outside of
6660 the state; and
6661 (ii) is not primarily engaged in retail sales.
6662 (b) "Tax increment incentive" means the portion of an agency's tax increment that is
6663 paid to a qualified business entity for the purpose of implementing a community reinvestment
6664 project area plan.
6665 (2) An agency and a qualified business entity may, in accordance with Subsection (3),
6666 enter into an agreement that allows the qualified business entity to receive a tax increment
6667 incentive.
6668 (3) An agreement described in Subsection (2) shall set annual postperformance targets
6669 for:
6670 (a) capital investment within the community reinvestment project area;
6671 (b) the number of new jobs created within the community reinvestment project area;
6672 (c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
6673 the prevailing wage of the county within which the community reinvestment project area is
6674 located; and
6675 (d) the amount of local vendor opportunity generated by the qualified business entity.
6676 (4) A qualified business entity may only receive a tax increment incentive:
6677 (a) if the qualified business entity complies with the agreement described in Subsection
6678 (3);
6679 (b) on a postperformance basis; and
6680 (c) on an annual basis after the agency receives tax increment from a taxing entity.
6681 (5) An agency may create or amend a community reinvestment project area plan for the
6682 purpose of providing a tax increment incentive without complying with the requirements
6683 described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
6684 (a) the agency:
6685 (i) holds a public hearing to consider the need to create or amend a community
6686 reinvestment project area plan on an expedited basis;
6687 (ii) [
6688 63G-28-102, for at least 14 days before the day on which the public hearing described in
6689 Subsection (5)(a)(i) is held [
6690 [
6691 [
6692 (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
6693 amend the community reinvestment project area plan on an expedited basis;
6694 (b) all record property owners within the existing or proposed community reinvestment
6695 project area plan give written consent; and
6696 (c) each taxing entity affected by the tax increment incentive consents and enters into
6697 an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
6698 to the qualified business entity.
6699 Section 125. Section 17C-5-205 is amended to read:
6700 17C-5-205. Interlocal agreement to provide project area funds for the community
6701 reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
6702 interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
6703 agreement.
6704 (1) An agency shall:
6705 (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
6706 open and public meeting; and
6707 (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
6708 Reinvestment Project Area."
6709 (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
6710 the agency shall provide notice of the execution by[
6711 jurisdiction, as a class A notice under Section 63G-28-102, for 30 days.
6712 [
6713
6714 [
6715
6716 (b) A notice described in Subsection (2)(a) shall include:
6717 (i) a summary of the interlocal agreement; and
6718 (ii) a statement that the interlocal agreement:
6719 (A) is available for public inspection and the hours for inspection; and
6720 (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
6721 sales and use tax revenue.
6722 (3) An interlocal agreement described in Section 17C-5-204 is effective [
6723
6724 the end of the 30-day period described in Subsection (2)(a).
6725 (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
6726 person may contest the interlocal agreement or the procedure used to adopt the interlocal
6727 agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
6728 (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
6729 contest:
6730 (i) the interlocal agreement;
6731 (ii) a distribution of tax increment to the agency under the interlocal agreement; or
6732 (iii) the agency's use of project area funds under the interlocal agreement.
6733 (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
6734 shall make a copy of the interlocal agreement available to the public at the taxing entity's office
6735 for inspection and copying during normal business hours.
6736 Section 126. Section 17D-3-305 is amended to read:
6737 17D-3-305. Setting the date of nomination of the board of supervisors -- Notice
6738 requirements.
6739 (1) The commission shall set the date of the nomination of members of the board of
6740 supervisors of a conservation district.
6741 (2) The commission shall publish notice of the nomination day described in Subsection
6742 (1):
6743 [
6744
6745 [
6746
6747
6748
6749 [
6750 conservation district, as a class A notice under Section 63G-28-102, for four weeks before the
6751 day of the nomination; and
6752 [
6753 nomination[
6754 [
6755
6756 (3) The commissioner shall appoint the board of members by no later than six weeks
6757 after the date set by the commission for the close of nominations.
6758 (4) The notice required under Subsection (2) shall state:
6759 (a) the nomination date; and
6760 (b) the number of open board member positions for the conservation district.
6761 Section 127. Section 19-2-109 is amended to read:
6762 19-2-109. Air quality standards -- Hearings on adoption -- Notice requirements --
6763 Orders of director -- Adoption of emission control requirements.
6764 (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
6765 hearings.
6766 (b) Notice of any public hearing for the consideration, adoption, or amendment of air
6767 quality standards shall specify the locations to which the proposed standards apply and the
6768 time, date, and place of the hearing.
6769 (c) The notice shall be:
6770 (i) [
6771 area affected, as a class A notice under Section 63G-28-102, for at least 20 days; and
6772 [
6773
6774 (ii) mailed at least 20 days before the public hearing to the chief executive of each
6775 political subdivision of the area affected and to other persons the director has reason to believe
6776 will be affected by the standards.
6777 (d) The adoption of air quality standards or any modification or changes to air quality
6778 standards shall be by order of the director following formal action of the board with respect to
6779 the standards.
6780 (e) The order shall be published:
6781 (i) [
6782 under Section 63G-28-102, for at least 20 days; and
6783 (ii) as required in Section 45-1-101.
6784 (2) (a) The board may establish emission control requirements by rule that in its
6785 judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
6786 may vary from area to area, taking into account varying local conditions.
6787 (b) In adopting these requirements, the board shall give notice and conduct public
6788 hearings in accordance with the requirements in Subsection (1).
6789 Section 128. Section 20A-1-206 is amended to read:
6790 20A-1-206. Cancellation of local election or local race -- Municipalities -- Local
6791 districts -- Notice.
6792 (1) As used in this section:
6793 (a) "Contested race" means a race in a general election where the number of
6794 candidates, including any eligible write-in candidates, exceeds the number of offices to be
6795 filled in the race.
6796 (b) "Election" means an event, run by an election officer, that includes one or more
6797 races for public office or one or more ballot propositions.
6798 (c) (i) "Race" means a contest between candidates to obtain the number of votes
6799 necessary to take a particular public office.
6800 (ii) "Race," as the term relates to a contest for an at-large position, includes all open
6801 positions for the same at-large office.
6802 (iii) "Race," as the term relates to a contest for a municipal council position that is not
6803 an at-large position, includes only the contest to represent a particular district on the council.
6804 (2) A municipal legislative body may cancel a local election if:
6805 (a) the ballot for the local election will not include any contested races or ballot
6806 propositions; and
6807 (b) the municipal legislative body passes, no later than 20 days before the day of the
6808 scheduled election, a resolution that cancels the election and certifies that:
6809 (i) the ballot for the election would not include any contested races or ballot
6810 propositions; and
6811 (ii) the candidates who qualified for the ballot are considered elected.
6812 (3) A municipal legislative body may cancel a race in a local election if:
6813 (a) the ballot for the race will not include any contested races or ballot propositions;
6814 and
6815 (b) the municipal legislative body passes, no later than 20 days before the day of the
6816 scheduled election, a resolution that cancels the race and certifies that:
6817 (i) the ballot for the race would not include any contested races or ballot propositions;
6818 and
6819 (ii) the candidate for the race is considered elected.
6820 (4) A municipal legislative body that cancels a local election in accordance with
6821 Subsection (2) shall give notice that the election is cancelled by:
6822 (a) subject to Subsection (8), providing notice to the lieutenant governor's office to be
6823 posted on the Statewide Electronic Voter Information Website described in Section 20A-7-801,
6824 for 15 consecutive days before the day of the scheduled election; and
6825 (b) providing notice for the municipality, as a class A notice under Section
6826 63G-28-102, for at least 15 days before the day of the scheduled election.
6827 [
6828
6829 [
6830
6831
6832 [
6833
6834 [
6835
6836
6837
6838 [
6839
6840 [
6841
6842 (5) A local district board may cancel a local election if:
6843 (a) the ballot for the local election will not include any contested races or ballot
6844 propositions; and
6845 (b) the local district board passes, no later than 20 days before the day of the scheduled
6846 election, a resolution that cancels the election and certifies that:
6847 (i) the ballot for the election would not include any contested races or ballot
6848 propositions; and
6849 (ii) the candidates who qualified for the ballot are considered elected.
6850 (6) A local district board may cancel a local district race if:
6851 (a) the race is uncontested; and
6852 (b) the local district board passes, no later than 20 days before the day of the scheduled
6853 election, a resolution that cancels the race and certifies that the candidate who qualified for the
6854 ballot for that race is considered elected.
6855 (7) A local district that cancels a local election in accordance with Subsection (5) shall
6856 provide notice that the election is cancelled:
6857 (a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter
6858 Information Website described in Section 20A-7-801, for 15 consecutive days before the day of
6859 the scheduled election; and
6860 (b) as a class B notice under Section 63G-28-102, for at least 15 days before the day of
6861 the scheduled election.
6862 [
6863
6864 [
6865
6866
6867 [
6868
6869 [
6870
6871
6872
6873 [
6874
6875 [
6876
6877 (8) A municipal legislative body that posts a notice in accordance with Subsection
6878 (4)(a) or a local district that posts a notice in accordance with Subsection (7)(a) is not liable for
6879 a notice that fails to post due to technical or other error by the publisher of the Statewide
6880 Electronic Voter Information Website.
6881 Section 129. Section 20A-1-512 is amended to read:
6882 20A-1-512. Midterm vacancies on local district boards -- Notice.
6883 (1) (a) When a vacancy occurs on any local district board for any reason, the following
6884 shall appoint a replacement to serve out the unexpired term in accordance with this section:
6885 (i) the local district board, if the person vacating the position was elected; or
6886 (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
6887 appointing authority appointed the person vacating the position.
6888 (b) Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the
6889 local district board or appointing authority shall:
6890 (i) give public notice of the vacancy for at least two weeks before the local district
6891 board or appointing authority meets to fill the vacancy by[
6892 notice under Section 63G-28-102, for the local district; and
6893 [
6894
6895 [
6896 [
6897
6898 (ii) identify, in the notice:
6899 (A) the date, time, and place of the meeting where the vacancy will be filled;
6900 (B) the individual to whom an individual who is interested in an appointment to fill the
6901 vacancy may submit the individual's name for consideration; and
6902 (C) any submission deadline.
6903 (c) An appointing authority is not subject to Subsection (1)(b) if:
6904 (i) the appointing authority appoints one of the appointing authority's own members;
6905 and
6906 (ii) that member meets all applicable statutory board member qualifications.
6907 (d) When a vacancy occurs on the board of a water conservancy district located in
6908 more than one county:
6909 (i) the board shall give notice of the vacancy to the county legislative bodies that
6910 nominated the vacating trustee as provided in Section 17B-2a-1005;
6911 (ii) the county legislative bodies described in Subsection (1)(d)(i) shall collectively
6912 compile a list of three nominees to fill the vacancy; and
6913 (iii) the governor shall, with the advice and consent of the Senate, appoint an
6914 individual to fill the vacancy from nominees submitted as provided in Subsection
6915 17B-2a-1005(2)(c).
6916 (2) If the local district board fails to appoint an individual to complete an elected board
6917 member's term within 90 days, the legislative body of the county or municipality that created
6918 the local district shall fill the vacancy in accordance with the procedure for a local district
6919 described in Subsection (1)(b).
6920 Section 130. Section 20A-3a-604 is amended to read:
6921 20A-3a-604. Notice of time and place of early voting.
6922 (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
6923 election officer shall, for at least [
6924 the dates, times, and locations of early voting[
6925 A notice under Section 63G-28-102.
6926 [
6927
6928 [
6929
6930
6931 [
6932 [
6933 [
6934
6935 [
6936
6937 (2) Instead of specifying all dates, times, and locations of early voting, a notice
6938 required under Subsection (1) may specify the following sources where a voter may view or
6939 obtain a copy of all dates, times, and locations of early voting:
6940 (a) the county's website;
6941 (b) the physical address of the county's offices; and
6942 (c) a mailing address and telephone number.
6943 (3) The election officer shall include in the notice described in Subsection (1):
6944 (a) the address of the Statewide Electronic Voter Information Website and, if available,
6945 the address of the election officer's website, with a statement indicating that the election officer
6946 will post on the website the location of each early voting polling place, including any changes
6947 to the location of an early voting polling place and the location of additional early voting
6948 polling places; and
6949 (b) a phone number that a voter may call to obtain information regarding the location
6950 of an early voting polling place.
6951 Section 131. Section 20A-4-104 is amended to read:
6952 20A-4-104. Counting ballots electronically -- Notice of testing tabulating
6953 equipment.
6954 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
6955 election officer shall test the automatic tabulating equipment to ensure that it will accurately
6956 count the votes cast for all offices and all measures.
6957 (b) The election officer shall provide public notice of the time and place of the test[
6958 by publishing the notice, as a class A notice under Section 63G-28-102, for the county,
6959 municipality, or jurisdiction where the equipment is used, for at least 10 days before the day of
6960 the test.
6961 [
6962
6963 [
6964
6965
6966
6967 [
6968
6969 [
6970
6971 [
6972
6973 (c) The election officer shall conduct the test by processing a preaudited group of
6974 ballots.
6975 (d) The election officer shall ensure that:
6976 (i) a predetermined number of valid votes for each candidate and measure are recorded
6977 on the ballots;
6978 (ii) for each office, one or more ballots have votes in excess of the number allowed by
6979 law in order to test the ability of the automatic tabulating equipment to reject those votes; and
6980 (iii) a different number of valid votes are assigned to each candidate for an office, and
6981 for and against each measure.
6982 (e) If any error is detected, the election officer shall determine the cause of the error
6983 and correct it.
6984 (f) The election officer shall ensure that:
6985 (i) the automatic tabulating equipment produces an errorless count before beginning
6986 the actual counting; and
6987 (ii) the automatic tabulating equipment passes the same test at the end of the count
6988 before the election returns are approved as official.
6989 (2) (a) The election officer or the election officer's designee shall supervise and direct
6990 all proceedings at the counting center.
6991 (b) (i) Proceedings at the counting center are public and may be observed by interested
6992 persons.
6993 (ii) Only those persons authorized to participate in the count may touch any ballot or
6994 return.
6995 (c) The election officer shall deputize and administer an oath or affirmation to all
6996 persons who are engaged in processing and counting the ballots that they will faithfully
6997 perform their assigned duties.
6998 (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
6999 automatic tabulating equipment, the election officer shall ensure that two counting judges
7000 jointly:
7001 (i) make a true replication of the ballot with an identifying serial number;
7002 (ii) substitute the replicated ballot for the damaged or defective ballot;
7003 (iii) label the replicated ballot "replicated"; and
7004 (iv) record the replicated ballot's serial number on the damaged or defective ballot.
7005 (b) The lieutenant governor shall provide to each election officer a standard form on
7006 which the election officer shall maintain a log of all replicated ballots, that includes, for each
7007 ballot:
7008 (i) the serial number described in Subsection (3)(a);
7009 (ii) the identification of the individuals who replicated the ballot;
7010 (iii) the reason for the replication; and
7011 (iv) any other information required by the lieutenant governor.
7012 (c) An election officer shall:
7013 (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
7014 ballots are replicated;
7015 (ii) at the end of each day during which one or more ballots are replicated, make an
7016 electronic copy of the log; and
7017 (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
7018 (4) The election officer may:
7019 (a) conduct an unofficial count before conducting the official count in order to provide
7020 early unofficial returns to the public;
7021 (b) release unofficial returns from time to time after the polls close; and
7022 (c) report the progress of the count for each candidate during the actual counting of
7023 ballots.
7024 (5) Beginning on the day after the date of the election, if an election officer releases
7025 early unofficial returns or reports the progress of the count for each candidate under Subsection
7026 (4), the election officer shall, with each release or report, disclose an estimate of the total
7027 number of voted ballots in the election officer's custody that have not yet been counted.
7028 (6) The election officer shall review and evaluate the provisional ballot envelopes and
7029 prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
7030 (7) (a) The election officer or the election officer's designee shall:
7031 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
7032 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
7033 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
7034 more votes for an office than that voter is entitled to vote for that office, the poll workers shall
7035 count the valid write-in vote as being the obvious intent of the voter.
7036 (8) (a) The election officer shall certify the return printed by the automatic tabulating
7037 equipment, to which have been added write-in and absentee votes, as the official return of each
7038 voting precinct.
7039 (b) Upon completion of the count, the election officer shall make official returns open
7040 to the public.
7041 (9) If for any reason it becomes impracticable to count all or a part of the ballots with
7042 tabulating equipment, the election officer may direct that they be counted manually according
7043 to the procedures and requirements of this part.
7044 (10) After the count is completed, the election officer shall seal and retain the
7045 programs, test materials, and ballots as provided in Section 20A-4-202.
7046 Section 132. Section 20A-4-304 is amended to read:
7047 20A-4-304. Declaration of results -- Canvassers' report.
7048 (1) Each board of canvassers shall:
7049 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
7050 declare "elected" or "nominated" those persons who:
7051 (i) had the highest number of votes; and
7052 (ii) sought election or nomination to an office completely within the board's
7053 jurisdiction;
7054 (b) declare:
7055 (i) "approved" those ballot propositions that:
7056 (A) had more "yes" votes than "no" votes; and
7057 (B) were submitted only to the voters within the board's jurisdiction; or
7058 (ii) "rejected" those ballot propositions that:
7059 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
7060 votes; and
7061 (B) were submitted only to the voters within the board's jurisdiction;
7062 (c) certify the vote totals for persons and for and against ballot propositions that were
7063 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
7064 the lieutenant governor; and
7065 (d) if applicable, certify the results of each local district election to the local district
7066 clerk.
7067 (2) As soon as the result is declared, the election officer shall prepare a report of the
7068 result, which shall contain:
7069 (a) the total number of votes cast in the board's jurisdiction;
7070 (b) the names of each candidate whose name appeared on the ballot;
7071 (c) the title of each ballot proposition that appeared on the ballot;
7072 (d) each office that appeared on the ballot;
7073 (e) from each voting precinct:
7074 (i) the number of votes for each candidate;
7075 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
7076 Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
7077 potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
7078 phase; and
7079 (iii) the number of votes for and against each ballot proposition;
7080 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
7081 and against each ballot proposition;
7082 (g) the number of ballots that were rejected; and
7083 (h) a statement certifying that the information contained in the report is accurate.
7084 (3) The election officer and the board of canvassers shall:
7085 (a) review the report to ensure that it is correct; and
7086 (b) sign the report.
7087 (4) The election officer shall:
7088 (a) record or file the certified report in a book kept for that purpose;
7089 (b) prepare and transmit a certificate of nomination or election under the officer's seal
7090 to each nominated or elected candidate;
7091 (c) publish a copy of the certified report in accordance with Subsection (5); and
7092 (d) file a copy of the certified report with the lieutenant governor.
7093 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
7094 days after the day on which the board of canvassers declares the election results, publicize the
7095 certified report described in Subsection (2)[
7096 Section 63G-28-102, for at least seven days.
7097 [
7098
7099 [
7100
7101
7102 [
7103 [
7104
7105 [
7106
7107 (6) Instead of including a copy of the entire certified report, a notice required under
7108 Subsection (5) may contain a statement that:
7109 (a) includes the following: "The Board of Canvassers for [indicate name of
7110 jurisdiction] has prepared a report of the election results for the [indicate type and date of
7111 election]."; and
7112 (b) specifies the following sources where an individual may view or obtain a copy of
7113 the entire certified report:
7114 (i) if the jurisdiction has a website, the jurisdiction's website;
7115 (ii) the physical address for the jurisdiction; and
7116 (iii) a mailing address and telephone number.
7117 (7) When there has been a regular general or a statewide special election for statewide
7118 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
7119 or more county ballot proposition, each board of canvassers shall:
7120 (a) prepare a separate report detailing the number of votes for each candidate and the
7121 number of votes for and against each ballot proposition; and
7122 (b) transmit the separate report by registered mail to the lieutenant governor.
7123 (8) In each county election, municipal election, school election, local district election,
7124 and local special election, the election officer shall transmit the reports to the lieutenant
7125 governor within 14 days after the date of the election.
7126 (9) In a regular primary election and in a presidential primary election, the board shall
7127 transmit to the lieutenant governor:
7128 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
7129 governor not later than the second Tuesday after the election; and
7130 (b) a complete tabulation showing voting totals for all primary races, precinct by
7131 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
7132 primary election.
7133 Section 133. Section 20A-5-101 is amended to read:
7134 20A-5-101. Notice of election.
7135 (1) On or before November 15 in the year before each regular general election year, the
7136 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
7137 (a) designates the offices to be filled at the next year's regular general election;
7138 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
7139 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
7140 and 20A-9-408 for those offices; and
7141 (c) contains a description of any ballot propositions to be decided by the voters that
7142 have qualified for the ballot as of that date.
7143 (2) (a) No later than seven business days after the day on which the lieutenant governor
7144 transmits the written notice described in Subsection (1), each county clerk shall provide notice
7145 for the county, as a class A notice under Section 63G-28-102, for at seven days before the day
7146 of the election and in accordance with Subsection (3)[
7147 [
7148
7149 [
7150 [
7151
7152
7153 [
7154 [
7155
7156 [
7157
7158 (b) The county clerk shall prepare an affidavit of the posting under Subsection
7159 [
7160 (3) The notice described in Subsection (2) shall:
7161 (a) designate the offices to be voted on in that election; and
7162 (b) identify the dates for filing a declaration of candidacy for those offices.
7163 (4) Except as provided in Subsection (6), before each election, the election officer shall
7164 give printed notice of the following information:
7165 (a) the date of election;
7166 (b) the hours during which the polls will be open;
7167 (c) the polling places for each voting precinct, early voting polling place, and election
7168 day voting center;
7169 (d) the address of the Statewide Electronic Voter Information Website and, if available,
7170 the address of the election officer's website, with a statement indicating that the election officer
7171 will post on the website any changes to the location of a polling place and the location of any
7172 additional polling place;
7173 (e) a phone number that a voter may call to obtain information regarding the location of
7174 a polling place; and
7175 (f) the qualifications for persons to vote in the election.
7176 (5) The election officer shall provide the notice described in Subsection (4)[
7177 jurisdiction, as a class A notice under Section 63G-28-102, for at least seven days before the
7178 day of the election.
7179 [
7180
7181 [
7182
7183
7184
7185 [
7186
7187 [
7188
7189 [
7190
7191 (6) Instead of including the information described in Subsection (4) in the notice, the
7192 election officer may give printed notice that:
7193 (a) is entitled "Notice of Election";
7194 (b) includes the following: "A [indicate election type] will be held in [indicate the
7195 jurisdiction] on [indicate date of election]. Information relating to the election, including
7196 polling places, polling place hours, and qualifications of voters may be obtained from the
7197 following sources:"; and
7198 (c) specifies the following sources where an individual may view or obtain the
7199 information described in Subsection (4):
7200 (i) if the jurisdiction has a website, the jurisdiction's website;
7201 (ii) the physical address of the jurisdiction offices; and
7202 (iii) a mailing address and telephone number.
7203 Section 134. Section 20A-5-403.5 is amended to read:
7204 20A-5-403.5. Ballot drop boxes -- Notice.
7205 (1) An election officer:
7206 (a) shall designate at least one ballot drop box in each municipality and reservation
7207 located in the jurisdiction to which the election relates;
7208 (b) may designate additional ballot drop boxes for the election officer's jurisdiction;
7209 (c) shall clearly mark each ballot drop box as an official ballot drop box for the election
7210 officer's jurisdiction;
7211 (d) shall provide 24-hour video surveillance of each unattended ballot drop box; and
7212 (e) shall post a sign on or near each unattended ballot drop box indicating that the
7213 ballot drop box is under 24-hour video surveillance.
7214 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
7215 shall, at least [
7216 ballot drop box designated under Subsection (1)[
7217 holding the election, as a class A notice under Section 63G-28-102, for at least 28 days before
7218 the day of the election.
7219 [
7220
7221 [
7222
7223
7224 [
7225 [
7226
7227 [
7228
7229 (3) Instead of including the location of ballot drop boxes, a notice required under
7230 Subsection (2) may specify the following sources where a voter may view or obtain a copy of
7231 all ballot drop box locations:
7232 (a) the jurisdiction's website;
7233 (b) the physical address of the jurisdiction's offices; and
7234 (c) a mailing address and telephone number.
7235 (4) The election officer shall include in the notice described in Subsection (2):
7236 (a) the address of the Statewide Electronic Voter Information Website and, if available,
7237 the address of the election officer's website, with a statement indicating that the election officer
7238 will post on the website the location of each ballot drop box, including any changes to the
7239 location of a ballot drop box and the location of additional ballot drop boxes; and
7240 (b) a phone number that a voter may call to obtain information regarding the location
7241 of a ballot drop box.
7242 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
7243 deadline described in Subsection (2):
7244 (i) if necessary, change the location of a ballot drop box; or
7245 (ii) if the election officer determines that the number of ballot drop boxes is
7246 insufficient due to the number of registered voters who are voting, designate additional ballot
7247 drop boxes.
7248 (b) Except as provided in Section 20A-1-308, if an election officer changes the
7249 location of a ballot box or designates an additional ballot drop box location, the election officer
7250 shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
7251 the additional ballot drop box location:
7252 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
7253 (ii) by posting the information on the website of the election officer, if available; and
7254 (iii) by posting notice:
7255 (A) for a change in the location of a ballot drop box, at the new location and, if
7256 possible, the old location; and
7257 (B) for an additional ballot drop box location, at the additional ballot drop box
7258 location.
7259 (6) An election officer may, at any time, authorize two or more poll workers to remove
7260 a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
7261 (7) (a) At least two poll workers must be present when a poll worker collects ballots
7262 from a ballot drop box and delivers the ballots to the location where the ballots will be opened
7263 and counted.
7264 (b) An election officer shall ensure that the chain of custody of ballots placed in a
7265 ballot box are recorded and tracked from the time the ballots are removed from the ballot box
7266 until the ballots are delivered to the location where the ballots will be opened and counted.
7267 Section 135. Section 20A-5-405 is amended to read:
7268 20A-5-405. Election officer to provide ballots -- Notice of sample ballot.
7269 (1) An election officer shall:
7270 (a) provide ballots for every election of public officers in which the voters, or any of
7271 the voters, within the election officer's jurisdiction participate;
7272 (b) cause the name of every candidate whose nomination has been certified to or filed
7273 with the election officer in the manner provided by law to be included on each ballot;
7274 (c) cause any ballot proposition that has qualified for the ballot as provided by law to
7275 be included on each ballot;
7276 (d) ensure that the ballots are prepared and in the possession of the election officer
7277 before commencement of voting;
7278 (e) allow candidates and their agents and the sponsors of ballot propositions that have
7279 qualified for the official ballot to inspect the ballots;
7280 (f) no later than 45 days before the day of the election, make sample ballots available
7281 for inspection, in the same form as official ballots and that contain the same information as
7282 official ballots, by:
7283 (i) posting a copy of the sample ballot in the election officer's office;
7284 (ii) sending a copy of the sample ballot to:
7285 (A) each candidate listed on the ballot; and
7286 (B) the lieutenant governor; and
7287 (iii) providing a copy of the sample ballot for the jurisdiction holding the election, as a
7288 class A notice under Section 63G-28-102, for at least seven days;
7289 [
7290
7291
7292
7293 [
7294
7295 [
7296
7297 [
7298
7299 (g) deliver a copy of the sample ballot to poll workers for each polling place and direct
7300 the poll workers to post the sample ballot as required by Section 20A-5-102; and
7301 (h) print and deliver, at the expense of the jurisdiction conducting the election, enough
7302 ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
7303 each voting precinct.
7304 (2) Instead of posting the entire sample ballot under Subsection [
7305 (1)(f)(iii), the election officer may post a statement that:
7306 (a) is entitled, "sample ballot";
7307 (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
7308 upcoming [indicate type and date of election] may be obtained from the following sources:";
7309 and
7310 (c) specifies the following sources where an individual may view or obtain a copy of
7311 the sample ballot:
7312 (i) if the jurisdiction has a website, the jurisdiction's website;
7313 (ii) the physical address of the jurisdiction's offices; and
7314 (iii) a mailing address and telephone number.
7315 (3) (a) Each election officer shall, without delay, correct any error discovered in any
7316 ballot, if the correction can be made without interfering with the timely distribution of the
7317 ballots.
7318 (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
7319 not possible to correct the error or omission, the election officer shall direct the poll workers to
7320 make the necessary corrections on the manual ballots before the ballots are distributed.
7321 (ii) If the election officer discovers an error or omission in an electronic ballot and it is
7322 not possible to correct the error or omission by revising the electronic ballot, the election
7323 officer shall direct the poll workers to post notice of each error or omission with instructions on
7324 how to correct each error or omission in a prominent position at each polling booth.
7325 (4) (a) If the election officer refuses or fails to correct an error or omission in a ballot, a
7326 candidate or a candidate's agent may file a verified petition with the district court asserting that:
7327 (i) an error or omission has occurred in:
7328 (A) the publication of the name or description of a candidate;
7329 (B) the preparation or display of an electronic ballot; or
7330 (C) the posting of sample ballots or the printing of official manual ballots; and
7331 (ii) the election officer has failed to correct or provide for the correction of the error or
7332 omission.
7333 (b) The district court shall issue an order requiring correction of any error in a ballot or
7334 an order to show cause why the error should not be corrected if it appears to the court that the
7335 error or omission has occurred and the election officer has failed to correct or provide for the
7336 correction of the error or omission.
7337 (c) A party aggrieved by the district court's decision may appeal the matter to the Utah
7338 Supreme Court within five days after the day on which the district court enters the decision.
7339 Section 136. Section 20A-7-103 is amended to read:
7340 20A-7-103. Constitutional amendments and other questions submitted by the
7341 Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
7342 (1) The procedures contained in this section govern when the Legislature submits a
7343 proposed constitutional amendment or other question to the voters.
7344 (2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
7345 date of the election, publish the full text of the amendment, question, or statute [
7346
7347 A notice under Section 63G-28-102, through the date of the election.
7348 (3) The legislative general counsel shall:
7349 (a) entitle each proposed constitutional amendment "Constitutional Amendment __"
7350 and assign it a letter according to the requirements of Section 20A-6-107;
7351 (b) entitle each proposed question "Proposition Number __" with the number assigned
7352 to the proposition under Section 20A-6-107 placed in the blank;
7353 (c) draft and designate a ballot title for each proposed amendment or question
7354 submitted by the Legislature that:
7355 (i) summarizes the subject matter of the amendment or question; and
7356 (ii) for a proposed constitutional amendment, summarizes any legislation that is
7357 enacted and will become effective upon the voters' adoption of the proposed constitutional
7358 amendment; and
7359 (d) deliver each letter or number and ballot title to the lieutenant governor.
7360 (4) The lieutenant governor shall certify the letter or number and ballot title of each
7361 amendment or question to the county clerk of each county no later than 65 days before the date
7362 of the election.
7363 (5) The county clerk of each county shall:
7364 (a) ensure that the letter or number and the ballot title of each amendment and question
7365 prepared in accordance with this section are included in the sample ballots and official ballots;
7366 and
7367 (b) publish the sample ballots and official ballots as provided by law.
7368 Section 137. Section 20A-7-204.1 is amended to read:
7369 20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
7370 Changes to an initiative and initial fiscal impact estimate.
7371 (1) (a) After issuance of the initial fiscal impact estimate by the Office of the
7372 Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
7373 sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
7374 follows:
7375 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
7376 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
7377 County;
7378 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
7379 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
7380 County;
7381 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
7382 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
7383 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
7384 County.
7385 (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
7386 the public hearings in a first or second class county, but not in the same county.
7387 (c) The sponsors may not hold a public hearing described in this section until the later
7388 of:
7389 (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
7390 estimate under Subsection 20A-7-202.5(3)(b); or
7391 (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
7392 impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
7393 (2) (a) The sponsors shall[
7394 before the date of the public hearing, provide written notice of the public hearing, including the
7395 time, date, and location of the public hearing, to:
7396 (i) the lieutenant governor for posting on the state's website; [
7397 (ii) each state senator, state representative, and county commission or county council
7398 member who is elected in whole or in part from the region where the public hearing will be
7399 held; and
7400 (iii) each county clerk from the region where the public hearing will be held.
7401 (b) A county clerk who receives a notice from a sponsor under Subsection (2)(a) shall
7402 publish written notice of the public hearing[
7403
7404 county, as a class A notice under Section 63G-28-102, for at least three days before the day of
7405 the public hearing.
7406 (c) A county clerk may bill the sponsors of the initiative petition for the cost of
7407 preparing, printing, and publishing the notice required under Subsection (2)(b).
7408 [
7409
7410 [
7411
7412
7413
7414 [
7415
7416 [
7417
7418 [
7419
7420 [
7421
7422 (3) If the initiative petition proposes a tax increase, the written notice described in
7423 Subsection (2) shall include the following statement, in bold, in the same font and point size as
7424 the largest font and point size appearing in the notice:
7425 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
7426 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
7427 percent increase in the current tax rate."
7428 (4) (a) During the public hearing, the sponsors shall either:
7429 (i) video tape or audio tape the public hearing and, when the hearing is complete,
7430 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
7431 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
7432 each speaker and summarizing each speaker's comments.
7433 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
7434 public.
7435 (c) For each public hearing, the sponsors shall:
7436 (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
7437 impact statement in a conspicuous location at the entrance to the room where the sponsors hold
7438 the public hearing; and
7439 (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
7440 public hearing attendees, in a conspicuous location at the entrance to the room where the
7441 sponsors hold the public hearing.
7442 (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
7443 seventh public hearing described in Subsection (1)(a), and before circulating an initiative
7444 petition for signatures, the sponsors of the initiative petition may change the text of the
7445 proposed law if:
7446 (i) a change to the text is:
7447 (A) germane to the text of the proposed law filed with the lieutenant governor under
7448 Section 20A-7-202; and
7449 (B) consistent with the requirements of Subsection 20A-7-202(5); and
7450 (ii) each sponsor signs, attested to by a notary public, an application addendum to
7451 change the text of the proposed law.
7452 (b) (i) Within three working days after the day on which the lieutenant governor
7453 receives an application addendum to change the text of the proposed law in an initiative
7454 petition, the lieutenant governor shall submit a copy of the application addendum to the Office
7455 of the Legislative Fiscal Analyst.
7456 (ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
7457 estimate by following the procedures and requirements of Section 20A-7-202.5 to reflect a
7458 change to the text of the proposed law.
7459 Section 138. Section 20A-7-402 is amended to read:
7460 20A-7-402. Local voter information pamphlet -- Notice -- Contents -- Limitations
7461 -- Preparation -- Statement on front cover.
7462 (1) The county or municipality that is subject to a ballot proposition shall prepare a
7463 local voter information pamphlet that complies with the requirements of this part.
7464 (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
7465 that is subject to a special local ballot proposition shall provide a notice that complies with the
7466 requirements of Subsection (2)(c)(ii) to the municipality's residents by[
7467 for the municipality, as a class A notice under Section 63G-28-102, for the time period set
7468 under Subsection (2)(c)(i).
7469 [
7470
7471 [
7472
7473 [
7474 [
7475
7476 [
7477
7478 (b) A county that is subject to a special local ballot proposition shall[
7479 that complies with the requirements of Subsection (2)(c)(ii) for the county, as a class A notice
7480 under Section 63G-28-102.
7481 [
7482
7483 [
7484
7485 [
7486 [
7487 (c) A municipality or county that [
7488 Subsection (2)(a) or (b) shall:
7489 (i) [
7490 (A) not less than 90 days before the date of the election at which a special local ballot
7491 proposition will be voted upon; or
7492 (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
7493 after the special local ballot proposition is approved to be voted upon in an election; and
7494 (ii) ensure that the notice contains:
7495 (A) the ballot title for the special local ballot proposition;
7496 (B) instructions on how to file a request under Subsection (2)(d); and
7497 (C) the deadline described in Subsection (2)(d).
7498 (d) To prepare a written argument for or against a special local ballot proposition, an
7499 eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days
7500 before the day of the election at which the special local ballot proposition is to be voted on.
7501 (e) If more than one eligible voter requests the opportunity to prepare a written
7502 argument for or against a special local ballot proposition, the election officer shall make the
7503 final designation in accordance with the following order of priority:
7504 (i) sponsors have priority in preparing an argument regarding a special local ballot
7505 proposition; and
7506 (ii) members of the local legislative body have priority over others if a majority of the
7507 local legislative body supports the written argument.
7508 (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
7509 later than 60 days before the day of the election at which the ballot proposition is to be voted
7510 on.
7511 (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
7512 favor of the special local ballot proposition.
7513 (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
7514 proposition who submits a request under Subsection (2)(d) may prepare a written argument
7515 against the special local ballot proposition.
7516 (h) An eligible voter who submits a written argument under this section in relation to a
7517 special local ballot proposition shall:
7518 (i) ensure that the written argument does not exceed 500 words in length, not counting
7519 the information described in Subsection (2)(h)(ii) or (iv);
7520 (ii) list, at the end of the argument, at least one, but no more than five, names as
7521 sponsors;
7522 (iii) submit the written argument to the election officer before 5 p.m. no later than 55
7523 days before the election day on which the ballot proposition will be submitted to the voters;
7524 (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
7525 residential address; and
7526 (v) submit with the written argument the eligible voter's name, residential address,
7527 postal address, email address if available, and phone number.
7528 (i) An election officer shall refuse to accept and publish an argument submitted after
7529 the deadline described in Subsection (2)(h)(iii).
7530 (3) (a) An election officer who timely receives the written arguments in favor of and
7531 against a special local ballot proposition shall, within one business day after the day on which
7532 the election office receives both written arguments, send, via mail or email:
7533 (i) a copy of the written argument in favor of the special local ballot proposition to the
7534 eligible voter who submitted the written argument against the special local ballot proposition;
7535 and
7536 (ii) a copy of the written argument against the special local ballot proposition to the
7537 eligible voter who submitted the written argument in favor of the special local ballot
7538 proposition.
7539 (b) The eligible voter who submitted a timely written argument in favor of the special
7540 local ballot proposition:
7541 (i) may submit to the election officer a written rebuttal argument of the written
7542 argument against the special local ballot proposition;
7543 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
7544 not counting the information described in Subsection (2)(h)(ii) or (iv); and
7545 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
7546 before the election day on which the special local ballot proposition will be submitted to the
7547 voters.
7548 (c) The eligible voter who submitted a timely written argument against the special local
7549 ballot proposition:
7550 (i) may submit to the election officer a written rebuttal argument of the written
7551 argument in favor of the special local ballot proposition;
7552 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
7553 not counting the information described in Subsection (2)(h)(ii) or (iv); and
7554 (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
7555 before the election day on which the special local ballot proposition will be submitted to the
7556 voters.
7557 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
7558 relation to a special local ballot proposition that is submitted after the deadline described in
7559 Subsection (3)(b)(iii) or (3)(c)(iii).
7560 (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
7561 proposition:
7562 (i) an eligible voter may not modify a written argument or a written rebuttal argument
7563 after the eligible voter submits the written argument or written rebuttal argument to the election
7564 officer; and
7565 (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
7566 modify a written argument or a written rebuttal argument.
7567 (b) The election officer, and the eligible voter who submits a written argument or
7568 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
7569 modify a written argument or written rebuttal argument in order to:
7570 (i) correct factual, grammatical, or spelling errors; and
7571 (ii) reduce the number of words to come into compliance with the requirements of this
7572 section.
7573 (c) An election officer shall refuse to accept and publish a written argument or written
7574 rebuttal argument in relation to a special local ballot proposition if the eligible voter who
7575 submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
7576 modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
7577 (5) In relation to a special local ballot proposition, an election officer may designate
7578 another eligible voter to take the place of an eligible voter described in this section if the
7579 original eligible voter is, due to injury, illness, death, or another circumstance, unable to
7580 continue to fulfill the duties of an eligible voter described in this section.
7581 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
7582 included in a proposition information pamphlet under Section 20A-7-401.5:
7583 (a) may, if a written argument against the standard local ballot proposition is included
7584 in the proposition information pamphlet, submit a written rebuttal argument to the election
7585 officer;
7586 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
7587 and
7588 (c) shall submit the written rebuttal argument no later than 45 days before the election
7589 day on which the standard local ballot proposition will be submitted to the voters.
7590 (7) (a) A county or municipality that submitted a written argument against a standard
7591 local ballot proposition that is included in a proposition information pamphlet under Section
7592 20A-7-401.5:
7593 (i) may, if a written argument in favor of the standard local ballot proposition is
7594 included in the proposition information pamphlet, submit a written rebuttal argument to the
7595 election officer;
7596 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
7597 and
7598 (iii) shall submit the written rebuttal argument no later than 45 days before the election
7599 day on which the ballot proposition will be submitted to the voters.
7600 (b) If a county or municipality submits more than one written rebuttal argument under
7601 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
7602 giving preference to a written rebuttal argument submitted by a member of a local legislative
7603 body.
7604 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
7605 that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
7606 (b) Before an election officer publishes a local voter information pamphlet under this
7607 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
7608 Records Access and Management Act.
7609 (c) An election officer who receives a written rebuttal argument described in this
7610 section may not, before publishing the local voter information pamphlet described in this
7611 section, disclose the written rebuttal argument, or any information contained in the written
7612 rebuttal argument, to any person who may in any way be involved in preparing an opposing
7613 rebuttal argument.
7614 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
7615 rebuttal argument after the written rebuttal argument is submitted to the election officer.
7616 (b) The election officer, and the person who submits a written rebuttal argument, may
7617 jointly agree to modify a written rebuttal argument in order to:
7618 (i) correct factual, grammatical, or spelling errors; or
7619 (ii) reduce the number of words to come into compliance with the requirements of this
7620 section.
7621 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
7622 the person who submits the written rebuttal argument:
7623 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
7624 accordance with Subsection (9)(b); or
7625 (ii) does not timely submit the written rebuttal argument to the election officer.
7626 (d) An election officer shall make a good faith effort to negotiate a modification
7627 described in Subsection (9)(b) in an expedited manner.
7628 (10) An election officer may designate another person to take the place of a person who
7629 submits a written rebuttal argument in relation to a standard local ballot proposition if the
7630 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
7631 person's duties.
7632 (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
7633 impact estimate and the legal impact statement prepared for each initiative under Section
7634 20A-7-502.5.
7635 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
7636 include the following statement in bold type:
7637 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
7638 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
7639 increase in the current tax rate."
7640 (12) (a) In preparing the local voter information pamphlet, the election officer shall:
7641 (i) ensure that the written arguments are printed on the same sheet of paper upon which
7642 the ballot proposition is also printed;
7643 (ii) ensure that the following statement is printed on the front cover or the heading of
7644 the first page of the printed written arguments:
7645 "The arguments for or against a ballot proposition are the opinions of the authors.";
7646 (iii) pay for the printing and binding of the local voter information pamphlet; and
7647 (iv) not less than 15 days before, but not more than 45 days before, the election at
7648 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
7649 voter entitled to vote on the ballot proposition:
7650 (A) a voter information pamphlet; or
7651 (B) the notice described in Subsection (12)(c).
7652 (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
7653 election officer may summarize the ballot proposition in 500 words or less.
7654 (ii) The summary shall state where a complete copy of the ballot proposition is
7655 available for public review.
7656 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
7657 preaddressed return form that a person may use to request delivery of a voter information
7658 pamphlet by mail.
7659 (ii) The notice described in Subsection (12)(c)(i) shall include:
7660 (A) the address of the Statewide Electronic Voter Information Website authorized by
7661 Section 20A-7-801; and
7662 (B) the phone number a voter may call to request delivery of a voter information
7663 pamphlet by mail or carrier.
7664 Section 139. Section 20A-9-203 is amended to read:
7665 20A-9-203. Declarations of candidacy -- Municipal general elections -- Notice of
7666 candidates.
7667 (1) An individual may become a candidate for any municipal office if:
7668 (a) the individual is a registered voter; and
7669 (b) (i) the individual has resided within the municipality in which the individual seeks
7670 to hold elective office for the 12 consecutive months immediately before the date of the
7671 election; or
7672 (ii) the territory in which the individual resides was annexed into the municipality, the
7673 individual has resided within the annexed territory or the municipality the 12 consecutive
7674 months immediately before the date of the election.
7675 (2) (a) For purposes of determining whether an individual meets the residency
7676 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
7677 before the election, the municipality is considered to have been incorporated 12 months before
7678 the date of the election.
7679 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
7680 council position shall, if elected from a district, be a resident of the council district from which
7681 the candidate is elected.
7682 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
7683 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
7684 against the elective franchise may not hold office in this state until the right to hold elective
7685 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
7686 (3) (a) An individual seeking to become a candidate for a municipal office shall,
7687 regardless of the nomination method by which the individual is seeking to become a candidate:
7688 (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
7689 Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
7690 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
7691 described in Section 10-3-301 and not later than the close of those office hours, between June 1
7692 and June 7 of any odd-numbered year; and
7693 (ii) pay the filing fee, if one is required by municipal ordinance.
7694 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
7695 declaration of candidacy with the city recorder or town clerk if:
7696 (i) the individual is located outside of the state during the entire filing period;
7697 (ii) the designated agent appears in person before the city recorder or town clerk;
7698 (iii) the individual communicates with the city recorder or town clerk using an
7699 electronic device that allows the individual and city recorder or town clerk to see and hear each
7700 other; and
7701 (iv) the individual provides the city recorder or town clerk with an email address to
7702 which the city recorder or town clerk may send the individual the copies described in
7703 Subsection (4).
7704 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
7705 (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
7706 Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
7707 the office hours described in Section 10-3-301 and not later than the close of those office
7708 hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
7709 of the nomination petition of the lesser of at least:
7710 (A) 25 registered voters who reside in the municipality; or
7711 (B) 20% of the registered voters who reside in the municipality; and
7712 (ii) paying the filing fee, if one is required by municipal ordinance.
7713 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
7714 petition, the filing officer shall:
7715 (i) read to the prospective candidate or individual filing the petition the constitutional
7716 and statutory qualification requirements for the office that the candidate is seeking;
7717 (ii) require the candidate or individual filing the petition to state whether the candidate
7718 meets the requirements described in Subsection (4)(a)(i); and
7719 (iii) inform the candidate or the individual filing the petition that an individual who
7720 holds a municipal elected office may not, at the same time, hold a county elected office.
7721 (b) If the prospective candidate does not meet the qualification requirements for the
7722 office, the filing officer may not accept the declaration of candidacy or nomination petition.
7723 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
7724 filing officer shall:
7725 (i) inform the candidate that the candidate's name will appear on the ballot as it is
7726 written on the declaration of candidacy;
7727 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
7728 for the office the candidate is seeking and inform the candidate that failure to comply will
7729 result in disqualification as a candidate and removal of the candidate's name from the ballot;
7730 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
7731 Electronic Voter Information Website Program and inform the candidate of the submission
7732 deadline under Subsection 20A-7-801(4)(a);
7733 (iv) provide the candidate with a copy of the pledge of fair campaign practices
7734 described under Section 20A-9-206 and inform the candidate that:
7735 (A) signing the pledge is voluntary; and
7736 (B) signed pledges shall be filed with the filing officer; and
7737 (v) accept the declaration of candidacy or nomination petition.
7738 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
7739 officer shall:
7740 (i) accept the candidate's pledge; and
7741 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
7742 candidate's pledge to the chair of the county or state political party of which the candidate is a
7743 member.
7744 (5) (a) The declaration of candidacy shall be in substantially the following form:
7745 "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
7746 ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
7747 (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
7748 (stating the term). I will meet the legal qualifications required of candidates for this office. If
7749 filing via a designated agent, I attest that I will be out of the state of Utah during the entire
7750 candidate filing period. I will file all campaign financial disclosure reports as required by law
7751 and I understand that failure to do so will result in my disqualification as a candidate for this
7752 office and removal of my name from the ballot. I request that my name be printed upon the
7753 applicable official ballots. (Signed) _______________
7754 Subscribed and sworn to (or affirmed) before me by ____ on this
7755 __________(month\day\year).
7756 (Signed) _______________ (Clerk or other officer qualified to administer oath)."
7757 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
7758 not sign the form described in Subsection (5)(a).
7759 (c) (i) A nomination petition shall be in substantially the following form:
7760 "NOMINATION PETITION
7761 The undersigned residents of (name of municipality), being registered voters, nominate
7762 (name of nominee) for the office of (name of office) for the (length of term of office)."
7763 (ii) The remainder of the petition shall contain lines and columns for the signatures of
7764 individuals signing the petition and each individual's address and phone number.
7765 (6) If the declaration of candidacy or nomination petition fails to state whether the
7766 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
7767 for the four-year term.
7768 (7) (a) The clerk shall verify with the county clerk that all candidates are registered
7769 voters.
7770 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
7771 print the candidate's name on the ballot.
7772 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
7773 clerk shall:
7774 (a) publicize a list of the names of the candidates as they will appear on the ballot[
7775 publishing the list for the municipality, as a class A notice under Section 63G-28-102, for
7776 seven days; and
7777 [
7778
7779 [
7780
7781
7782 [
7783 [
7784
7785 [
7786
7787 (b) notify the lieutenant governor of the names of the candidates as they will appear on
7788 the ballot.
7789 (9) Except as provided in Subsection (10)(c), an individual may not amend a
7790 declaration of candidacy or nomination petition filed under this section after the candidate
7791 filing period ends.
7792 (10) (a) A declaration of candidacy or nomination petition that an individual files under
7793 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
7794 10 days after the last day for filing.
7795 (b) If a person files an objection, the clerk shall:
7796 (i) mail or personally deliver notice of the objection to the affected candidate
7797 immediately; and
7798 (ii) decide any objection within 48 hours after the objection is filed.
7799 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
7800 days after the day on which the clerk sustains the objection, correct the problem for which the
7801 objection is sustained by amending the candidate's declaration of candidacy or nomination
7802 petition, or by filing a new declaration of candidacy.
7803 (d) (i) The clerk's decision upon objections to form is final.
7804 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
7805 prompt application is made to the district court.
7806 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
7807 of its discretion, agrees to review the lower court decision.
7808 (11) A candidate who qualifies for the ballot under this section may withdraw as a
7809 candidate by filing a written affidavit with the municipal clerk.
7810 Section 140. Section 26-8a-405.3 is amended to read:
7811 26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Notice -- Appeal
7812 rights.
7813 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
7814 Section 26-8a-405.2, or for non-911 services under Section 26-8a-405.4, shall be solicited
7815 through a request for proposal and the provisions of this section.
7816 (b) The governing body of the political subdivision shall approve the request for
7817 proposal prior to the notice of the request for proposals under Subsection (1)(c).
7818 (c) [
7819 request for proposals [
7820 under Section 63G-28-102, for at least 20 days.
7821 [
7822
7823 [
7824
7825 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
7826 offerors during the process of negotiations.
7827 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
7828 political subdivision shall hold a presubmission conference with interested applicants for the
7829 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
7830 (ii) A political subdivision shall allow at least 90 days from the presubmission
7831 conference for the proposers to submit proposals.
7832 (c) Subsequent to the presubmission conference, the political subdivision may issue
7833 addenda to the request for proposals. An addenda to a request for proposal shall be finalized
7834 and posted by the political subdivision at least 45 days before the day on which the proposal
7835 must be submitted.
7836 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
7837 respect to any opportunity for discussion and revisions of proposals, and revisions may be
7838 permitted after submission and before a contract is awarded for the purpose of obtaining best
7839 and final offers.
7840 (e) In conducting discussions, there shall be no disclosures of any information derived
7841 from proposals submitted by competing offerors.
7842 (3) (a) (i) A political subdivision may select an applicant approved by the department
7843 under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
7844 most responsible offeror as defined in Section 63G-6a-103.
7845 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
7846 proposal is determined in writing to be the most advantageous to the political subdivision,
7847 taking into consideration price and the evaluation factors set forth in the request for proposal.
7848 (b) The applicants who are approved under Section 26-8a-405 and who are selected
7849 under this section may be the political subdivision issuing the request for competitive sealed
7850 proposals, or any other public entity or entities, any private person or entity, or any
7851 combination thereof.
7852 (c) A political subdivision may reject all of the competitive proposals.
7853 (4) In seeking competitive sealed proposals and awarding contracts under this section,
7854 a political subdivision:
7855 (a) shall apply the public convenience and necessity factors listed in Subsections
7856 26-8a-408(2) through (6);
7857 (b) shall require the applicant responding to the proposal to disclose how the applicant
7858 will meet performance standards in the request for proposal;
7859 (c) may not require or restrict an applicant to a certain method of meeting the
7860 performance standards, including:
7861 (i) requiring ambulance medical personnel to also be a firefighter; or
7862 (ii) mandating that offerors use fire stations or dispatch services of the political
7863 subdivision;
7864 (d) shall require an applicant to submit the proposal:
7865 (i) based on full cost accounting in accordance with generally accepted accounting
7866 principals; and
7867 (ii) if the applicant is a governmental entity, in addition to the requirements of
7868 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
7869 in compliance with the State of Utah Legal Compliance Audit Guide; and
7870 (e) shall set forth in the request for proposal:
7871 (i) the method for determining full cost accounting in accordance with generally
7872 accepted accounting principles, and require an applicant to submit the proposal based on such
7873 full cost accounting principles;
7874 (ii) guidelines established to further competition and provider accountability; and
7875 (iii) a list of the factors that will be considered by the political subdivision in the award
7876 of the contract, including by percentage, the relative weight of the factors established under this
7877 Subsection (4)(e), which may include such things as:
7878 (A) response times;
7879 (B) staging locations;
7880 (C) experience;
7881 (D) quality of care; and
7882 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
7883 (5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
7884 Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
7885 to the procurement process required by this section, except as provided in Subsection (5)(c).
7886 (b) A procurement appeals panel described in Section 63G-6a-1702 shall have
7887 jurisdiction to review and determine an appeal of an offeror under this section.
7888 (c) (i) An offeror may appeal the solicitation or award as provided by the political
7889 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
7890 may appeal under the provisions of Subsections (5)(a) and (b).
7891 (ii) A procurement appeals panel described in Section 63G-6a-1702 shall determine
7892 whether the solicitation or award was made in accordance with the procedures set forth in this
7893 section and Section 26-8a-405.2.
7894 (d) The determination of an issue of fact by the appeals board shall be final and
7895 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
7896 63G-6a-1705.
7897 Section 141. Section 26-61a-303 is amended to read:
7898 26-61a-303. Renewal -- Notice of available license.
7899 (1) The department shall renew a license under this part every year if, at the time of
7900 renewal:
7901 (a) the licensee meets the requirements of Section 26-61a-301;
7902 (b) the licensee pays the department a license renewal fee in an amount that, subject to
7903 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
7904 (c) if the medical cannabis pharmacy changes the operating plan described in Section
7905 26-61a-304 that the department approved under Subsection 26-61a-301(2)(b)(iv), the
7906 department approves the new operating plan.
7907 (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
7908 pharmacy's license, the department shall publish notice of an available license[
7909 geographic area in which the medical cannabis pharmacy license is available, as a class A
7910 notice under Section 63G-28-102, for at least seven days.
7911 [
7912
7913 [
7914 (b) The department may establish criteria, in collaboration with the Division of
7915 Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
7916 3, Utah Administrative Rulemaking Act, to identify the medical cannabis pharmacy actions that
7917 constitute abandonment of a medical cannabis pharmacy license.
7918 (3) If the department has not completed the necessary processes to make a
7919 determination on a license renewal under Subsections (1)(a) and (c) before the expiration of a
7920 license, the department may issue a conditional medical cannabis pharmacy license to a
7921 licensed medical cannabis pharmacy that has applied for license renewal under this section and
7922 paid the fee described in Subsection (1)(b).
7923 Section 142. Section 52-4-202 is amended to read:
7924 52-4-202. Public notice of meetings -- Emergency meetings.
7925 (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
7926 meeting.
7927 (ii) A specified body shall give not less than 24 hours' public notice of each meeting
7928 that the specified body holds on the capitol hill complex.
7929 (b) The public notice required under Subsection (1)(a) shall include the meeting:
7930 (i) agenda;
7931 (ii) date;
7932 (iii) time; and
7933 (iv) place.
7934 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
7935 regular meetings that are scheduled in advance over the course of a year shall give public
7936 notice at least once each year of its annual meeting schedule as provided in this section.
7937 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
7938 the scheduled meetings.
7939 (3) (a) A public body or specified body satisfies a requirement for public notice by[
7940 publishing the notice for the public body's jurisdiction, as a class A notice under Section
7941 63G-28-102, for at least 24 hours.
7942 [
7943 [
7944
7945
7946 [
7947 [
7948 [
7949
7950 [
7951 [
7952
7953
7954 [
7955 (3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
7956 Section 63A-12-101, to provide technical assistance to help the public body in its effort to
7957 comply.
7958 (4) A public body and a specified body are encouraged to develop and use additional
7959 electronic means to provide notice of their meetings under Subsection (3).
7960 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
7961 (i) because of unforeseen circumstances it is necessary for a public body or specified
7962 body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
7963 (ii) the public body or specified body gives the best notice practicable of:
7964 (A) the time and place of the emergency meeting; and
7965 (B) the topics to be considered at the emergency meeting.
7966 (b) An emergency meeting of a public body may not be held unless:
7967 (i) an attempt has been made to notify all the members of the public body; and
7968 (ii) a majority of the members of the public body approve the meeting.
7969 (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
7970 provide reasonable specificity to notify the public as to the topics to be considered at the
7971 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
7972 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
7973 member of the public body, a topic raised by the public may be discussed during an open
7974 meeting, even if the topic raised by the public was not included in the agenda or advance public
7975 notice for the meeting.
7976 (c) Except as provided in Subsection (5), relating to emergency meetings, a public
7977 body may not take final action on a topic in an open meeting unless the topic is:
7978 (i) listed under an agenda item as required by Subsection (6)(a); and
7979 (ii) included with the advance public notice required by this section.
7980 (7) Except as provided in this section, this chapter does not apply to a specified body.
7981 Section 143. Section 52-4-302 is amended to read:
7982 52-4-302. Suit to void final action -- Limitation -- Exceptions.
7983 (1) (a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207, or
7984 52-4-209 is voidable by a court of competent jurisdiction.
7985 (b) A court may not void a final action taken by a public body for failure to comply
7986 with the posting written notice requirements under Subsection [
7987 52-4-202(3)(a) if:
7988 (i) the posting is made for a meeting that is held before April 1, 2009; or
7989 (ii) (A) the public body otherwise complies with the provisions of Section 52-4-202;
7990 and
7991 (B) the failure was a result of unforeseen Internet hosting or communication
7992 technology failure.
7993 (2) Except as provided under Subsection (3), a suit to void final action shall be
7994 commenced within 90 days after the date of the action.
7995 (3) A suit to void final action concerning the issuance of bonds, notes, or other
7996 evidences of indebtedness shall be commenced within 30 days after the date of the action.
7997 Section 144. Section 53B-7-101.5 is amended to read:
7998 53B-7-101.5. Proposed tuition increases -- Notice -- Hearings.
7999 (1) If an institution within the State System of Higher Education listed in Section
8000 53B-1-102 considers increasing tuition rates for undergraduate students in the process of
8001 preparing or implementing its budget, it shall hold a meeting to receive public input and
8002 response on the issue.
8003 (2) The institution shall advertise the hearing required under Subsection (1) using the
8004 following procedure:
8005 (a) [
8006 increase in student tuition rates:
8007 (i) in the institution's student newspaper twice during a period of 10 days [
8008 before the meeting; and
8009 (ii) for each county where the institution has a campus, as a class A notice under
8010 Section 63G-28-102, for at least 10 days before the meeting; and
8011 [
8012
8013 (b) [
8014 time, and place fixed in the advertisement, which shall not be less than seven days after the day
8015 the [
8016 proposed increase and to explain the reasons for the proposed increase.
8017 (3) The form and content of the notice shall be substantially as follows:
8018 "NOTICE OF PROPOSED TUITION INCREASE
8019 The (name of the higher education institution) is proposing to increase student tuition
8020 rates. This would be an increase of ______ %, which is an increase of $______ per semester
8021 for a full-time resident undergraduate student. All concerned students and citizens are invited
8022 to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
8023 (4) (a) The institution shall provide the following information to those in attendance at
8024 the meeting required under Subsection (1):
8025 (i) the current year's student enrollment for:
8026 (A) the State System of Higher Education, if a systemwide increase is being
8027 considered; or
8028 (B) the institution, if an increase is being considered for just a single institution;
8029 (ii) total tuition revenues for the current school year;
8030 (iii) projected student enrollment growth for the next school year and projected tuition
8031 revenue increases from that anticipated growth; and
8032 (iv) a detailed accounting of how and where the increased tuition revenues would be
8033 spent.
8034 (b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
8035 down into majors or departments if the proposed tuition increases are department or major
8036 specific.
8037 (5) If the institution does not make a final decision on the proposed tuition increase at
8038 the meeting, it shall announce the date, time, and place of the meeting where that determination
8039 shall be made.
8040 Section 145. Section 53E-4-202 is amended to read:
8041 53E-4-202. Core standards for Utah public schools -- Notice and hearing
8042 requirements.
8043 (1) (a) In establishing minimum standards related to curriculum and instruction
8044 requirements under Section 53E-3-501, the state board shall, in consultation with local school
8045 boards, school superintendents, teachers, employers, and parents implement core standards for
8046 Utah public schools that will enable students to, among other objectives:
8047 (i) communicate effectively, both verbally and through written communication;
8048 (ii) apply mathematics; and
8049 (iii) access, analyze, and apply information.
8050 (b) Except as provided in this public education code, the state board may recommend
8051 but may not require a local school board or charter school governing board to use:
8052 (i) a particular curriculum or instructional material; or
8053 (ii) a model curriculum or instructional material.
8054 (2) The state board shall, in establishing the core standards for Utah public schools:
8055 (a) identify the basic knowledge, skills, and competencies each student is expected to
8056 acquire or master as the student advances through the public education system; and
8057 (b) align with each other the core standards for Utah public schools and the
8058 assessments described in Section 53E-4-303.
8059 (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
8060 (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
8061 continual progress within and between grade levels and courses in the basic academic areas of:
8062 (a) English, including explicit phonics, spelling, grammar, reading, writing,
8063 vocabulary, speech, and listening; and
8064 (b) mathematics, including basic computational skills.
8065 (4) Before adopting core standards for Utah public schools, the state board shall:
8066 (a) publicize draft core standards for Utah public schools [
8067
8068 A notice under Section 63G-28-102, for at least 90 days;
8069 (b) invite public comment on the draft core standards for Utah public schools for a
8070 period of not less than 90 days; and
8071 (c) conduct three public hearings that are held in different regions of the state on the
8072 draft core standards for Utah public schools.
8073 (5) LEA governing boards shall design their school programs, that are supported by
8074 generally accepted scientific standards of evidence, to focus on the core standards for Utah
8075 public schools with the expectation that each program will enhance or help achieve mastery of
8076 the core standards for Utah public schools.
8077 (6) Except as provided in Sections 53G-10-103 and 53G-10-402, each school may
8078 select instructional materials and methods of teaching, that are supported by generally accepted
8079 scientific standards of evidence, that the school considers most appropriate to meet the core
8080 standards for Utah public schools.
8081 (7) The state may exit any agreement, contract, memorandum of understanding, or
8082 consortium that cedes control of the core standards for Utah public schools to any other entity,
8083 including a federal agency or consortium, for any reason, including:
8084 (a) the cost of developing or implementing the core standards for Utah public schools;
8085 (b) the proposed core standards for Utah public schools are inconsistent with
8086 community values; or
8087 (c) the agreement, contract, memorandum of understanding, or consortium:
8088 (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
8089 Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
8090 (ii) conflicts with Utah law;
8091 (iii) requires Utah student data to be included in a national or multi-state database;
8092 (iv) requires records of teacher performance to be included in a national or multi-state
8093 database; or
8094 (v) imposes curriculum, assessment, or data tracking requirements on home school or
8095 private school students.
8096 (8) The state board shall submit a report in accordance with Section 53E-1-203 on the
8097 development and implementation of the core standards for Utah public schools, including the
8098 time line established for the review of the core standards for Utah public schools by a standards
8099 review committee and the recommendations of a standards review committee established under
8100 Section 53E-4-203.
8101 Section 146. Section 53G-3-204 is amended to read:
8102 53G-3-204. Notice before preparing or amending a long-range plan or acquiring
8103 certain property.
8104 (1) As used in this section:
8105 (a) "Affected entity" means each county, municipality, local district under Title 17B,
8106 Limited Purpose Local Government Entities - Local Districts, special service district under
8107 Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
8108 under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
8109 (i) whose services or facilities are likely to require expansion or significant
8110 modification because of an intended use of land; or
8111 (ii) that has filed with the school district a copy of the general or long-range plan of the
8112 county, municipality, local district, special service district, school district, interlocal
8113 cooperation entity, or specified public utility.
8114 (b) "Specified public utility" means an electrical corporation, gas corporation, or
8115 telephone corporation, as those terms are defined in Section 54-2-1.
8116 (2) (a) If a school district located in a county of the first or second class prepares a
8117 long-range plan regarding the school district's facilities proposed for the future or amends an
8118 already existing long-range plan, the school district shall, before preparing a long-range plan or
8119 amendments to an existing long-range plan, provide written notice, as provided in this section,
8120 of the school district's intent to prepare a long-range plan or to amend an existing long-range
8121 plan.
8122 (b) Each notice under Subsection (2)(a) shall:
8123 (i) indicate that the school district intends to prepare a long-range plan or to amend a
8124 long-range plan, as the case may be;
8125 (ii) describe or provide a map of the geographic area that will be affected by the
8126 long-range plan or amendments to a long-range plan;
8127 (iii) be:
8128 (A) sent to each county in whose unincorporated area and each municipality in whose
8129 boundaries is located the land on which the proposed long-range plan or amendments to a
8130 long-range plan are expected to indicate that the proposed facilities will be located;
8131 (B) sent to each affected entity;
8132 (C) sent to the Utah Geospatial Resource Center created in Section 63A-16-505;
8133 (D) sent to each association of governments, established pursuant to an interlocal
8134 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
8135 municipality described in Subsection (2)(b)(iii)(A) is a member; and
8136 [
8137 (E) published for the geographic area that will be affected by the proposed long-range
8138 plan, or amendments to a long-range plan, as a class A notice under Section 63G-28-102, for at
8139 least 30 days;
8140 (iv) with respect to the notice to counties and municipalities described in Subsection
8141 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
8142 consider in the process of preparing, adopting, and implementing the long-range plan or
8143 amendments to a long-range plan concerning:
8144 (A) impacts that the use of land proposed in the proposed long-range plan or
8145 amendments to a long-range plan may have on the county, municipality, or affected entity; and
8146 (B) uses of land that the county, municipality, or affected entity is planning or
8147 considering that may conflict with the proposed long-range plan or amendments to a long-range
8148 plan; and
8149 (v) include the address of an Internet website, if the school district has one, and the
8150 name and telephone number of an individual where more information can be obtained
8151 concerning the school district's proposed long-range plan or amendments to a long-range plan.
8152 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
8153 acquire real property in a county of the first or second class for the purpose of expanding the
8154 district's infrastructure or other facilities shall provide written notice, as provided in this
8155 Subsection (3), of the school district's intent to acquire the property if the intended use of the
8156 property is contrary to:
8157 (i) the anticipated use of the property under the county or municipality's general plan;
8158 or
8159 (ii) the property's current zoning designation.
8160 (b) Each notice under Subsection (3)(a) shall:
8161 (i) indicate that the school district intends to acquire real property;
8162 (ii) identify the real property; and
8163 (iii) be sent to:
8164 (A) each county in whose unincorporated area and each municipality in whose
8165 boundaries the property is located; and
8166 (B) each affected entity.
8167 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
8168 63G-2-305(8).
8169 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
8170 previously provided notice under Subsection (2) identifying the general location within the
8171 municipality or unincorporated part of the county where the property to be acquired is located.
8172 (ii) If a school district is not required to comply with the notice requirement of
8173 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
8174 provide the notice specified in Subsection (3)(a) as soon as practicable after the school district's
8175 acquisition of the real property.
8176 Section 147. Section 53G-4-204 is amended to read:
8177 53G-4-204. Compensation for services -- Additional per diem -- Notice of meeting
8178 -- Approval of expenses.
8179 (1) Each member of a local school board, except the student member, shall receive
8180 compensation for services and for necessary expenses in accordance with compensation
8181 schedules adopted by the local school board in accordance with the provisions of this section.
8182 (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
8183 compensation schedules, the local school board shall set a time and place for a public hearing
8184 at which all interested persons shall be given an opportunity to be heard.
8185 (3) Notice of the time, place, and purpose of the meeting shall be provided for at least
8186 seven days [
8187 notice under Section 63G-28-102, for the school district.
8188 [
8189
8190 [
8191
8192 [
8193 [
8194 [
8195 [
8196
8197 (4) After the conclusion of the public hearing, the local school board may adopt or
8198 amend its compensation schedules.
8199 (5) Each member shall submit an itemized account of necessary travel expenses for
8200 local school board approval.
8201 (6) A local school board may, without following the procedures described in
8202 Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
8203 July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
8204 amended or a new compensation schedule is adopted.
8205 Section 148. Section 53G-4-402 is amended to read:
8206 53G-4-402. Powers and duties generally.
8207 (1) A local school board shall:
8208 (a) implement the core standards for Utah public schools using instructional materials
8209 that best correlate to the core standards for Utah public schools and graduation requirements;
8210 (b) administer tests, required by the state board, which measure the progress of each
8211 student, and coordinate with the state superintendent and state board to assess results and create
8212 plans to improve the student's progress, which shall be submitted to the state board for
8213 approval;
8214 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
8215 students that need remediation and determine the type and amount of federal, state, and local
8216 resources to implement remediation;
8217 (d) for each grading period and for each course in which a student is enrolled, issue a
8218 grade or performance report to the student:
8219 (i) that reflects the student's work, including the student's progress based on mastery,
8220 for the grading period; and
8221 (ii) in accordance with the local school board's adopted grading or performance
8222 standards and criteria;
8223 (e) develop early warning systems for students or classes failing to make progress;
8224 (f) work with the state board to establish a library of documented best practices,
8225 consistent with state and federal regulations, for use by the local districts;
8226 (g) implement training programs for school administrators, including basic
8227 management training, best practices in instructional methods, budget training, staff
8228 management, managing for learning results and continuous improvement, and how to help
8229 every child achieve optimal learning in basic academic subjects; and
8230 (h) ensure that the local school board meets the data collection and reporting standards
8231 described in Section 53E-3-501.
8232 (2) Local school boards shall spend Minimum School Program funds for programs and
8233 activities for which the state board has established minimum standards or rules under Section
8234 53E-3-501.
8235 (3) (a) A local school board may purchase, sell, and make improvements on school
8236 sites, buildings, and equipment and construct, erect, and furnish school buildings.
8237 (b) School sites or buildings may only be conveyed or sold on local school board
8238 resolution affirmed by at least two-thirds of the members.
8239 (4) (a) A local school board may participate in the joint construction or operation of a
8240 school attended by children residing within the district and children residing in other districts
8241 either within or outside the state.
8242 (b) Any agreement for the joint operation or construction of a school shall:
8243 (i) be signed by the president of the local school board of each participating district;
8244 (ii) include a mutually agreed upon pro rata cost; and
8245 (iii) be filed with the state board.
8246 (5) A local school board may establish, locate, and maintain elementary, secondary,
8247 and applied technology schools.
8248 (6) Except as provided in Section 53E-3-905, a local school board may enroll children
8249 in school who are at least five years old before September 2 of the year in which admission is
8250 sought.
8251 (7) A local school board may establish and support school libraries.
8252 (8) A local school board may collect damages for the loss, injury, or destruction of
8253 school property.
8254 (9) A local school board may authorize guidance and counseling services for children
8255 and their parents before, during, or following enrollment of the children in schools.
8256 (10) (a) A local school board shall administer and implement federal educational
8257 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
8258 Education Programs.
8259 (b) Federal funds are not considered funds within the school district budget under
8260 Chapter 7, Part 3, Budgets.
8261 (11) (a) A local school board may organize school safety patrols and adopt policies
8262 under which the patrols promote student safety.
8263 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
8264 parental consent for the appointment.
8265 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
8266 of a highway intended for vehicular traffic use.
8267 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
8268 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
8269 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
8270 (12) (a) A local school board may on its own behalf, or on behalf of an educational
8271 institution for which the local school board is the direct governing body, accept private grants,
8272 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
8273 (b) These contributions are not subject to appropriation by the Legislature.
8274 (13) (a) A local school board may appoint and fix the compensation of a compliance
8275 officer to issue citations for violations of Subsection 76-10-105(2)(b).
8276 (b) A person may not be appointed to serve as a compliance officer without the
8277 person's consent.
8278 (c) A teacher or student may not be appointed as a compliance officer.
8279 (14) A local school board shall adopt bylaws and policies for the local school board's
8280 own procedures.
8281 (15) (a) A local school board shall make and enforce policies necessary for the control
8282 and management of the district schools.
8283 (b) Local school board policies shall be in writing, filed, and referenced for public
8284 access.
8285 (16) A local school board may hold school on legal holidays other than Sundays.
8286 (17) (a) A local school board shall establish for each school year a school traffic safety
8287 committee to implement this Subsection (17).
8288 (b) The committee shall be composed of one representative of:
8289 (i) the schools within the district;
8290 (ii) the Parent Teachers' Association of the schools within the district;
8291 (iii) the municipality or county;
8292 (iv) state or local law enforcement; and
8293 (v) state or local traffic safety engineering.
8294 (c) The committee shall:
8295 (i) receive suggestions from school community councils, parents, teachers, and others
8296 and recommend school traffic safety improvements, boundary changes to enhance safety, and
8297 school traffic safety program measures;
8298 (ii) review and submit annually to the Department of Transportation and affected
8299 municipalities and counties a child access routing plan for each elementary, middle, and junior
8300 high school within the district;
8301 (iii) consult the Utah Safety Council and the Division of Family Health Services and
8302 provide training to all school children in kindergarten through grade 6, within the district, on
8303 school crossing safety and use; and
8304 (iv) help ensure the district's compliance with rules made by the Department of
8305 Transportation under Section 41-6a-303.
8306 (d) The committee may establish subcommittees as needed to assist in accomplishing
8307 the committee's duties under Subsection (17)(c).
8308 (18) (a) A local school board shall adopt and implement a comprehensive emergency
8309 response plan to prevent and combat violence in the local school board's public schools, on
8310 school grounds, on its school vehicles, and in connection with school-related activities or
8311 events.
8312 (b) The plan shall:
8313 (i) include prevention, intervention, and response components;
8314 (ii) be consistent with the student conduct and discipline policies required for school
8315 districts under Chapter 11, Part 2, Miscellaneous Requirements;
8316 (iii) require professional learning for all district and school building staff on what their
8317 roles are in the emergency response plan;
8318 (iv) provide for coordination with local law enforcement and other public safety
8319 representatives in preventing, intervening, and responding to violence in the areas and activities
8320 referred to in Subsection (18)(a); and
8321 (v) include procedures to notify a student, to the extent practicable, who is off campus
8322 at the time of a school violence emergency because the student is:
8323 (A) participating in a school-related activity; or
8324 (B) excused from school for a period of time during the regular school day to
8325 participate in religious instruction at the request of the student's parent.
8326 (c) The state board, through the state superintendent, shall develop comprehensive
8327 emergency response plan models that local school boards may use, where appropriate, to
8328 comply with Subsection (18)(a).
8329 (d) A local school board shall, by July 1 of each year, certify to the state board that its
8330 plan has been practiced at the school level and presented to and reviewed by its teachers,
8331 administrators, students, and their parents and local law enforcement and public safety
8332 representatives.
8333 (19) (a) A local school board may adopt an emergency response plan for the treatment
8334 of sports-related injuries that occur during school sports practices and events.
8335 (b) The plan may be implemented by each secondary school in the district that has a
8336 sports program for students.
8337 (c) The plan may:
8338 (i) include emergency personnel, emergency communication, and emergency
8339 equipment components;
8340 (ii) require professional learning on the emergency response plan for school personnel
8341 who are involved in sports programs in the district's secondary schools; and
8342 (iii) provide for coordination with individuals and agency representatives who:
8343 (A) are not employees of the school district; and
8344 (B) would be involved in providing emergency services to students injured while
8345 participating in sports events.
8346 (d) The local school board, in collaboration with the schools referred to in Subsection
8347 (19)(b), may review the plan each year and make revisions when required to improve or
8348 enhance the plan.
8349 (e) The state board, through the state superintendent, shall provide local school boards
8350 with an emergency plan response model that local school boards may use to comply with the
8351 requirements of this Subsection (19).
8352 (20) A local school board shall do all other things necessary for the maintenance,
8353 prosperity, and success of the schools and the promotion of education.
8354 (21) (a) Before closing a school or changing the boundaries of a school, a local school
8355 board shall:
8356 (i) at least 120 days before approving the school closure or school boundary change,
8357 provide notice to the following that the local school board is considering the closure or
8358 boundary change:
8359 (A) parents of students enrolled in the school, using the same form of communication
8360 the local school board regularly uses to communicate with parents;
8361 (B) parents of students enrolled in other schools within the school district that may be
8362 affected by the closure or boundary change, using the same form of communication the local
8363 school board regularly uses to communicate with parents; and
8364 (C) the governing council and the mayor of the municipality in which the school is
8365 located;
8366 (ii) provide an opportunity for public comment on the proposed school closure or
8367 school boundary change during at least two public local school board meetings; and
8368 (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
8369 the public hearing as described in Subsection (21)(b).
8370 (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
8371 (i) indicate the:
8372 (A) school or schools under consideration for closure or boundary change; and
8373 (B) the date, time, and location of the public hearing;
8374 (ii) for at least 10 days before the day of the public hearing, be[
8375 school district in which the school is located, as a class A notice under Section 63G-28-102;
8376 and
8377 [
8378 [
8379 [
8380 [
8381
8382 (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
8383 provided as described in Subsections (21)(a)(i)(A), (B), and (C).
8384 (22) A local school board may implement a facility energy efficiency program
8385 established under Title 11, Chapter 44, Performance Efficiency Act.
8386 (23) A local school board may establish or partner with a certified youth court in
8387 accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
8388 program, in coordination with schools in that district. A school may refer a student to a youth
8389 court or a comparable restorative justice program in accordance with Section 53G-8-211.
8390 (24) A local school board shall:
8391 (a) make curriculum that the school district uses readily accessible and available for a
8392 parent to view;
8393 (b) annually notify a parent of a student enrolled in the school district of how to access
8394 the information described in Subsection (24)(a); and
8395 (c) include on the school district's website information about how to access the
8396 information described in Subsection (24)(a).
8397 Section 149. Section 53G-5-504 is amended to read:
8398 53G-5-504. Charter school closure.
8399 (1) As used in this section, "receiving charter school" means a charter school that an
8400 authorizer permits under Subsection (13)(a), to accept enrollment applications from students of
8401 a closing charter school.
8402 (2) If a charter school is closed for any reason, including the termination of a charter
8403 agreement in accordance with Section 53G-5-503 or the conversion of a charter school to a
8404 private school, the provisions of this section apply.
8405 (3) A decision to close a charter school is made:
8406 (a) when a charter school authorizer approves a motion to terminate described in
8407 Subsection 53G-5-503(2)(c);
8408 (b) when the state board takes final action described in Subsection 53G-5-503(2)(d)(ii);
8409 or
8410 (c) when a charter school provides notice to the charter school's authorizer that the
8411 charter school is relinquishing the charter school's charter.
8412 (4) (a) No later than 10 days after the day on which a decision to close a charter school
8413 is made, the charter school shall:
8414 (i) provide notice to the following, in writing, of the decision:
8415 (A) if the charter school made the decision to close, the charter school's authorizer;
8416 (B) the State Charter School Board;
8417 (C) if the state board did not make the decision to close, the state board;
8418 (D) parents of students enrolled at the charter school;
8419 (E) the charter school's creditors;
8420 (F) the charter school's lease holders;
8421 (G) the charter school's bond issuers;
8422 (H) other entities that may have a claim to the charter school's assets;
8423 (I) the school district in which the charter school is located and other charter schools
8424 located in that school district; and
8425 (J) any other person that the charter school determines to be appropriate; and
8426 (ii) [
8427
8428 notice under Section 63G-28-102, for at least 30 days.
8429 (b) The notice described in Subsection (4)(a) shall include:
8430 (i) the proposed date of the charter school closure;
8431 (ii) the charter school's plans to help students identify and transition into a new school;
8432 and
8433 (iii) contact information for the charter school during the transition.
8434 (5) No later than 10 days after the day on which a decision to close a charter school is
8435 made, the closing charter school shall:
8436 (a) designate a custodian for the protection of student files and school business records;
8437 (b) designate a base of operation that will be maintained throughout the charter school
8438 closing, including:
8439 (i) an office;
8440 (ii) hours of operation;
8441 (iii) operational telephone service with voice messaging stating the hours of operation;
8442 and
8443 (iv) a designated individual to respond to questions or requests during the hours of
8444 operation;
8445 (c) assure that the charter school will maintain private insurance coverage or risk
8446 management coverage for covered claims that arise before closure, throughout the transition to
8447 closure and for a period following closure of the charter school as specified by the charter
8448 school's authorizer;
8449 (d) assure that the charter school will complete by the set deadlines for all fiscal years
8450 in which funds are received or expended by the charter school a financial audit and any other
8451 procedure required by state board rule;
8452 (e) inventory all assets of the charter school; and
8453 (f) list all creditors of the charter school and specifically identify secured creditors and
8454 assets that are security interests.
8455 (6) The closing charter school's authorizer shall oversee the closing charter school's
8456 compliance with Subsection (5).
8457 (7) (a) A closing charter school shall return any assets remaining, after all liabilities
8458 and obligations of the closing charter school are paid or discharged, to the closing charter
8459 school's authorizer.
8460 (b) The closing charter school's authorizer shall liquidate assets at fair market value or
8461 assign the assets to another public school.
8462 (8) The closing charter school's authorizer shall oversee liquidation of assets and
8463 payment of debt in accordance with state board rule.
8464 (9) The closing charter school shall:
8465 (a) comply with all state and federal reporting requirements; and
8466 (b) submit all documentation and complete all state and federal reports required by the
8467 closing charter school's authorizer or the state board, including documents to verify the closing
8468 charter school's compliance with procedural requirements and satisfaction of all financial
8469 issues.
8470 (10) When the closing charter school's financial affairs are closed out and dissolution is
8471 complete, the authorizer shall ensure that a final audit of the charter school is completed.
8472 (11) On or before January 1, 2017, the state board shall, in accordance with Title 63G,
8473 Chapter 3, Utah Administrative Rulemaking Act, and after considering suggestions from
8474 charter school authorizers, make rules that:
8475 (a) provide additional closure procedures for charter schools; and
8476 (b) establish a charter school closure process.
8477 (12) (a) Upon termination of the charter school's charter agreement:
8478 (i) notwithstanding provisions to the contrary in Title 16, Chapter 6a, Part 14,
8479 Dissolution, the nonprofit corporation under which the charter school is organized and
8480 managed may be unilaterally dissolved by the authorizer; and
8481 (ii) the net assets of the charter school shall revert to the authorizer as described in
8482 Subsection (7).
8483 (b) The charter school and the authorizer shall mutually agree in writing on the
8484 effective date and time of the dissolution described in Subsection (12)(a).
8485 (c) The effective date and time of dissolution described in Subsection (12)(b) may not
8486 exceed five years after the date of the termination of the charter agreement.
8487 (13) Notwithstanding the provisions of Chapter 6, Part 5, Charter School Enrollment:
8488 (a) an authorizer may permit a specified number of students from a closing charter
8489 school to be enrolled in another charter school, if the receiving charter school:
8490 (i) (A) is authorized by the same authorizer as the closing charter school; or
8491 (B) is authorized by a different authorizer and the authorizer of the receiving charter
8492 school approves the increase in enrollment; and
8493 (ii) agrees to accept enrollment applications from students of the closing charter
8494 school;
8495 (b) a receiving charter school shall give new enrollment preference to applications
8496 from students of the closing charter school in the first school year in which the closing charter
8497 school is not operational; and
8498 (c) a receiving charter school's enrollment capacity is increased by the number of
8499 students enrolled in the receiving charter school from the closing charter school under this
8500 Subsection (13).
8501 (14) A member of the governing board or staff of the receiving charter school that is
8502 also a member of the governing board of the receiving charter school's authorizer, shall recuse
8503 himself or herself from a decision regarding the enrollment of students from a closing charter
8504 school as described in Subsection (13).
8505 Section 150. Section 54-8-10 is amended to read:
8506 54-8-10. Public hearing -- Notice -- Publication.
8507 (1) The governing body shall provide notice of a public hearing on the proposed
8508 improvement for the proposed district, as a class B notice under Section 63G-28-102, for at
8509 least 14 days.
8510 [
8511 [
8512 [
8513 [
8514
8515
8516 [
8517 notice as required by Subsection 63G-28-102(4)(b)(i) shall be:
8518 (a) [
8519 [
8520 assessed for the cost of the improvement; and
8521 [
8522
8523 the assessment.
8524 [
8525 resolution creating the district will be available for inspection by any interested parties.
8526 Section 151. Section 54-8-16 is amended to read:
8527 54-8-16. Notice of assessment -- Publication.
8528 (1) After the preparation of a resolution under Section 54-8-14, the governing body
8529 shall give notice of a public hearing on the proposed assessments [
8530 (2) (a) The governing body shall provide the notice described in Subsection (1) [
8531
8532 the date of the hearing.
8533 (b) The addresses to be used for the purpose of mailing notice as required by
8534 Subsection 63G-28-102(4)(b)(i) are:
8535 (i) the last address appearing on the real property assessment rolls of the county for
8536 each owner of real property whose property will be assessed for part of the cost of the
8537 improvement; and
8538 (ii) the street number of each piece of improved property to be affected by the proposed
8539 assessment.
8540 [
8541
8542 [
8543
8544
8545
8546
8547 [
8548
8549
8550 [
8551 will hold a public hearing upon the proposed assessments and shall state that any owner of any
8552 property to be assessed pursuant to the resolution will be heard on the question of whether [
8553 the owner's property will be benefited by the proposed improvement to the amount of the
8554 proposed assessment against [
8555 against [
8556 share of the total cost of the improvement.
8557 [
8558 adopted levying the assessments against all real property in the district will be on file for public
8559 inspection, and that subject to such changes and corrections therein as may be made by the
8560 governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
8561 [
8562 sufficient particularity to permit each owner of real property therein to ascertain that [
8563 owner's property lies in the district.
8564 [
8565 shall state the amount of the assessment proposed to be levied against the real property of the
8566 person to whom the notice is mailed.
8567 Section 152. Section 54-8-23 is amended to read:
8568 54-8-23. Objection to amount of assessment -- Civil action -- Litigation to
8569 question or attack proceedings or legality of bonds -- Notice.
8570 (1) No special assessment levied under this chapter shall be declared void, nor shall
8571 any such assessment or part thereof be set aside in consequence of any error or irregularity
8572 permitted or appearing in any of the proceedings under this chapter, but any party feeling
8573 aggrieved by any such special assessment or proceeding may bring a civil action to cause such
8574 grievance to be adjudicated if such action is commenced prior to the expiration of the period
8575 specified in this section.
8576 (2) The burden of proof to show that such special assessment or part thereof is invalid,
8577 inequitable or unjust shall rest upon the party who brings such suit.
8578 (3) Any such litigation shall not be regarded as an appeal within the meaning of the
8579 prohibition contained in Section 54-8-18.
8580 (4) Every person whose property is subject to such special assessment and who fails to
8581 appear during the public hearings on said assessments to raise his objection to such tax shall be
8582 deemed to have waived all objections to such levy except the objection that the governing body
8583 lacks jurisdiction to levy such tax.
8584 (5) For a period of 20 days after the governing body has adopted the enactment
8585 authorizing the assessment, any taxpayer in the district shall have the right to institute litigation
8586 for the purpose of questioning or attacking the proceedings pursuant to which the assessments
8587 have been authorized subject to the provisions of the preceding paragraph.
8588 (6) Whenever any enactment authorizing the issuance of any bonds pursuant to the
8589 improvement contemplated shall have been adopted such resolution shall be [
8590
8591 A notice under Section 63G-28-102, for 20 days.
8592 (7) For a period of 20 days thereafter, any person whose property shall have been
8593 assessed and any taxpayer in the district shall have the right to institute litigation for the
8594 purpose of questioning or attacking the legality of such bonds.
8595 (8) After the expiration of such 20-day period, all proceedings theretofore had by the
8596 governing body, the bonds to be issued pursuant thereto, and the special assessments from
8597 which such bonds are to be paid, shall become incontestable, and no suit attacking or
8598 questioning the legality thereof may be instituted in this state, and no court shall have the
8599 authority to inquire into such matters.
8600 Section 153. Section 57-11-11 is amended to read:
8601 57-11-11. Rules of division -- Notice and hearing requirements -- Filing
8602 advertising material -- Injunctions -- Intervention by division in suits -- General powers
8603 of division.
8604 (1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
8605 or repealed only after a public hearing.
8606 (b) The division shall:
8607 (i) publish notice of the public hearing described in Subsection (1)(a)[
8608 a class A notice under Section 63G-28-102, for at least 20 days before the day of the hearing;
8609 and
8610 [
8611
8612 [
8613
8614 (ii) send a notice to a nonprofit organization which files a written request for notice
8615 with the division at least 20 days [
8616 (2) The rules shall include but need not be limited to:
8617 (a) provisions for advertising standards to assure full and fair disclosure; and
8618 (b) provisions for escrow or trust agreements, performance bonds, or other means
8619 reasonably necessary to assure that all improvements referred to in the application for
8620 registration and advertising will be completed and that purchasers will receive the interest in
8621 land contracted for.
8622 (3) These provisions, however, shall not be required if the city or county in which the
8623 subdivision is located requires similar means of assurance of a nature and in an amount no less
8624 adequate than is required under said rules:
8625 (a) provisions for operating procedures;
8626 (b) provisions for a shortened form of registration in cases where the division
8627 determines that the purposes of this act do not require a subdivision to be registered pursuant to
8628 an application containing all the information required by Section 57-11-6 or do not require that
8629 the public offering statement contain all the information required by Section 57-11-7; and
8630 (c) other rules necessary and proper to accomplish the purpose of this chapter.
8631 (4) The division by rule or order, after reasonable notice, may require the filing of
8632 advertising material relating to subdivided lands prior to its distribution, provided that the
8633 division must approve or reject any advertising material within 15 days from the receipt thereof
8634 or the material shall be considered approved.
8635 (5) If it appears that a person has engaged or is about to engage in an act or practice
8636 constituting a violation of a provision of this chapter or a rule or order hereunder, the agency,
8637 with or without prior administrative proceedings, may bring an action in the district court of the
8638 district where said person maintains his residence or a place of business or where said act or
8639 practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
8640 compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive
8641 relief or temporary restraining orders shall be granted, and a receiver or conservator may be
8642 appointed. The division shall not be required to post a bond in any court proceedings.
8643 (6) The division shall be allowed to intervene in a suit involving subdivided lands,
8644 either as a party or as an amicus curiae, where it appears that the interpretation or
8645 constitutionality of any provision of law will be called into question. In any suit by or against a
8646 subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
8647 of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,
8648 constitute grounds for the division withholding any approval required by this chapter.
8649 (7) The division may:
8650 (a) accept registrations filed in other states or with the federal government;
8651 (b) contract with public agencies or qualified private persons in this state or other
8652 jurisdictions to perform investigative functions; and
8653 (c) accept grants-in-aid from any source.
8654 (8) The division shall cooperate with similar agencies in other jurisdictions to establish
8655 uniform filing procedures and forms, uniform public offering statements, advertising standards,
8656 rules, and common administrative practices.
8657 Section 154. Section 57-13a-104 is amended to read:
8658 57-13a-104. Abandonment of prescriptive easement for water conveyance.
8659 (1) A holder of a prescriptive easement for a water conveyance established under
8660 Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement.
8661 (2) (a) A holder of a prescriptive easement for a water conveyance established under
8662 Section 57-13a-102 who seeks to abandon the easement or part of the easement shall[
8663 county where the easement or part of the easement is located, file in the office of the county
8664 recorder a notice of intent to abandon the prescriptive easement that describes the easement or
8665 part of the easement to be abandoned.
8666 (b) A county recorder who receives a notice of intent to abandon a prescriptive
8667 easement shall:
8668 (i) publish copies of the notice for the area generally served by the water conveyance
8669 that utilizes the easement, as a class A notice under Section 63G-28-102, for at least 45 days;
8670 and
8671 [
8672
8673
8674 [
8675
8676
8677 [
8678 each municipal and county government where the easement or part of the easement is located[
8679 .
8680 [
8681
8682 [
8683 Subsection (2)(a) and at least 45 days after the last day on which the [
8684 county recorder posts the notice of intent to abandon the prescriptive easement in accordance
8685 with Subsection (2)(b), the holder of the prescriptive easement shall file in the office of the
8686 county recorder for each county where the easement or part of the easement is located a notice
8687 of abandonment that contains the same description required by Subsection (2)(a).
8688 [
8689
8690
8691 (i) all interest to the easement or part of the easement abandoned by the holder of the
8692 easement is extinguished; and
8693 (ii) subject to each legal right that exists as described in Subsection [
8694 owner of a servient estate whose land was encumbered by the easement or part of the easement
8695 abandoned may reclaim the land area occupied by the former easement or part of the easement
8696 and resume full utilization of the land without liability to the former holder of the easement.
8697 (b) Abandonment of a prescriptive easement under this section does not affect a legal
8698 right to have water delivered or discharged through the water conveyance and easement
8699 established by a person other than the holder of the easement who abandons an easement as
8700 provided in this section.
8701 (5) A county recorder may bill the holder of the prescriptive easement for the cost of
8702 preparing, printing, and publishing the notice required under Subsection (2)(b).
8703 Section 155. Section 59-2-919 is amended to read:
8704 59-2-919. Notice and public hearing requirements for certain tax increases --
8705 Exceptions.
8706 (1) As used in this section:
8707 (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
8708 generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
8709 (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
8710 revenue from:
8711 (i) eligible new growth as defined in Section 59-2-924; or
8712 (ii) personal property that is:
8713 (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
8714 (B) semiconductor manufacturing equipment.
8715 (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
8716 that begins on January 1 and ends on December 31.
8717 (d) "County executive calendar year taxing entity" means a calendar year taxing entity
8718 that operates under the county executive-council form of government described in Section
8719 17-52a-203.
8720 (e) "Current calendar year" means the calendar year immediately preceding the
8721 calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
8722 calendar year taxing entity's certified tax rate.
8723 (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
8724 begins on July 1 and ends on June 30.
8725 (g) "Last year's property tax budgeted revenue" does not include revenue received by a
8726 taxing entity from a debt service levy voted on by the public.
8727 (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
8728 rate unless the taxing entity meets:
8729 (a) the requirements of this section that apply to the taxing entity; and
8730 (b) all other requirements as may be required by law.
8731 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a
8732 calendar year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's
8733 certified tax rate if the calendar year taxing entity:
8734 (i) 14 or more days before the date of the regular general election or municipal general
8735 election held in the current calendar year, states at a public meeting:
8736 (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
8737 calendar year taxing entity's certified tax rate;
8738 (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
8739 be generated by the proposed increase in the certified tax rate; and
8740 (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
8741 based on the proposed increase described in Subsection (3)(a)(i)(B);
8742 (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
8743 accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
8744 separate item on the meeting agenda that notifies the public that the calendar year taxing entity
8745 intends to make the statement described in Subsection (3)(a)(i);
8746 (iii) meets the advertisement requirements of Subsections (6) and (7) before the
8747 calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
8748 (iv) provides notice by mail:
8749 (A) seven or more days before the regular general election or municipal general
8750 election held in the current calendar year; and
8751 (B) as provided in Subsection (3)(c); and
8752 (v) conducts a public hearing that is held:
8753 (A) in accordance with Subsections (8) and (9); and
8754 (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
8755 (b) (i) For a county executive calendar year taxing entity, the statement described in
8756 Subsection (3)(a)(i) shall be made by the:
8757 (A) county council;
8758 (B) county executive; or
8759 (C) both the county council and county executive.
8760 (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
8761 county council states a dollar amount of additional ad valorem tax revenue that is greater than
8762 the amount of additional ad valorem tax revenue previously stated by the county executive in
8763 accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
8764 (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
8765 county executive calendar year taxing entity conducts the public hearing under Subsection
8766 (3)(a)(v); and
8767 (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
8768 county executive calendar year taxing entity conducts the public hearing required by
8769 Subsection (3)(a)(v).
8770 (c) The notice described in Subsection (3)(a)(iv):
8771 (i) shall be mailed to each owner of property:
8772 (A) within the calendar year taxing entity; and
8773 (B) listed on the assessment roll;
8774 (ii) shall be printed on a separate form that:
8775 (A) is developed by the commission;
8776 (B) states at the top of the form, in bold upper-case type no smaller than 18 point
8777 "NOTICE OF PROPOSED TAX INCREASE"; and
8778 (C) may be mailed with the notice required by Section 59-2-1317;
8779 (iii) shall contain for each property described in Subsection (3)(c)(i):
8780 (A) the value of the property for the current calendar year;
8781 (B) the tax on the property for the current calendar year; and
8782 (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
8783 taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
8784 rate, the estimated tax on the property;
8785 (iv) shall contain the following statement:
8786 "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
8787 year]. This notice contains estimates of the tax on your property and the proposed tax increase
8788 on your property as a result of this tax increase. These estimates are calculated on the basis of
8789 [insert previous applicable calendar year] data. The actual tax on your property and proposed
8790 tax increase on your property may vary from this estimate.";
8791 (v) shall state the date, time, and place of the public hearing described in Subsection
8792 (3)(a)(v); and
8793 (vi) may contain other property tax information approved by the commission.
8794 (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
8795 calculate the estimated tax on property on the basis of:
8796 (i) data for the current calendar year; and
8797 (ii) the amount of additional ad valorem tax revenue stated in accordance with this
8798 section.
8799 (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
8800 that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
8801 (a) provides notice by meeting the advertisement requirements of Subsections (6) and
8802 (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
8803 taxing entity's annual budget is adopted; and
8804 (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
8805 fiscal year taxing entity's annual budget is adopted.
8806 (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
8807 of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
8808 the requirements of this section.
8809 (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
8810 (4) if:
8811 (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that
8812 certified tax rate without having to comply with the notice provisions of this section; or
8813 (ii) the taxing entity:
8814 (A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal year;
8815 and
8816 (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
8817 revenue.
8818 (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
8819 section shall be published:
8820 (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
8821 general circulation in the taxing entity;
8822 (ii) electronically in accordance with Section 45-1-101; and
8823 [
8824 (iii) for the taxing entity, as a class A notice under Section 63G-28-102, for at least 14
8825 days.
8826 (b) The advertisement described in Subsection (6)(a)(i) shall:
8827 (i) be no less than 1/4 page in size;
8828 (ii) use type no smaller than 18 point; and
8829 (iii) be surrounded by a 1/4-inch border.
8830 (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
8831 portion of the newspaper where legal notices and classified advertisements appear.
8832 (d) It is the intent of the Legislature that:
8833 (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
8834 newspaper that is published at least one day per week; and
8835 (ii) the newspaper or combination of newspapers selected:
8836 (A) be of general interest and readership in the taxing entity; and
8837 (B) not be of limited subject matter.
8838 (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
8839 (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
8840 before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
8841 and
8842 (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
8843 advertisement, which shall be seven or more days after the day the first advertisement is
8844 published, for the purpose of hearing comments regarding any proposed increase and to explain
8845 the reasons for the proposed increase.
8846 (ii) The advertisement described in Subsection (6)(a)(ii) shall:
8847 (A) be published two weeks before a taxing entity conducts a public hearing described
8848 in Subsection (3)(a)(v) or (4)(b); and
8849 (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
8850 advertisement, which shall be seven or more days after the day the first advertisement is
8851 published, for the purpose of hearing comments regarding any proposed increase and to explain
8852 the reasons for the proposed increase.
8853 (f) If a fiscal year taxing entity's public hearing information is published by the county
8854 auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
8855 requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
8856 the advertisement once during the week before the fiscal year taxing entity conducts a public
8857 hearing at which the taxing entity's annual budget is discussed.
8858 (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
8859 advertisement shall be substantially as follows:
8860
8861
8862 The (name of the taxing entity) is proposing to increase its property tax revenue.
8863 • The (name of the taxing entity) tax on a (insert the average value of a residence
8864 in the taxing entity rounded to the nearest thousand dollars) residence would increase from
8865 $______ to $________, which is $_______ per year.
8866 • The (name of the taxing entity) tax on a (insert the value of a business having
8867 the same value as the average value of a residence in the taxing entity) business would increase
8868 from $________ to $_______, which is $______ per year.
8869 • If the proposed budget is approved, (name of the taxing entity) would increase
8870 its property tax budgeted revenue by ___% above last year's property tax budgeted revenue
8871 excluding eligible new growth.
8872 All concerned citizens are invited to a public hearing on the tax increase.
8873
8874 Date/Time: (date) (time)
8875 Location: (name of meeting place and address of meeting place)
8876 To obtain more information regarding the tax increase, citizens may contact the (name
8877 of the taxing entity) at (phone number of taxing entity)."
8878 (7) The commission:
8879 (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
8880 Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
8881 two or more taxing entities; and
8882 (b) subject to Section 45-1-101, may authorize:
8883 (i) the use of a weekly newspaper:
8884 (A) in a county having both daily and weekly newspapers if the weekly newspaper
8885 would provide equal or greater notice to the taxpayer; and
8886 (B) if the county petitions the commission for the use of the weekly newspaper; or
8887 (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
8888 if:
8889 (A) the cost of the advertisement would cause undue hardship;
8890 (B) the direct notice is different and separate from that provided for in Section
8891 59-2-919.1; and
8892 (C) the taxing entity petitions the commission for the use of a commission approved
8893 direct notice.
8894 (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
8895 legislative body in which the fiscal year taxing entity is located of the date, time, and place of
8896 the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
8897 (B) A county that receives notice from a fiscal year taxing entity under Subsection
8898 (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
8899 of the public hearing described in Subsection (8)(a)(i)(A).
8900 (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
8901 year, notify the county legislative body in which the calendar year taxing entity is located of the
8902 date, time, and place of the first public hearing at which the calendar year taxing entity's annual
8903 budget will be discussed.
8904 (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
8905 (A) open to the public; and
8906 (B) held at a meeting of the taxing entity with no items on the agenda other than
8907 discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
8908 entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
8909 fee implementation or increase, or a combination of these items.
8910 (ii) The governing body of a taxing entity conducting a public hearing described in
8911 Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
8912 opportunity to present oral testimony:
8913 (A) within reasonable time limits; and
8914 (B) without unreasonable restriction on the number of individuals allowed to make
8915 public comment.
8916 (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
8917 public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
8918 of another overlapping taxing entity in the same county.
8919 (ii) The taxing entities in which the power to set tax levies is vested in the same
8920 governing board or authority may consolidate the public hearings described in Subsection
8921 (3)(a)(v) or (4)(b) into one public hearing.
8922 (d) A county legislative body shall resolve any conflict in public hearing dates and
8923 times after consultation with each affected taxing entity.
8924 (e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
8925 (4)(b) beginning at or after 6 p.m.
8926 (ii) If a taxing entity holds a public meeting for the purpose of addressing general
8927 business of the taxing entity on the same date as a public hearing described in Subsection
8928 (3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
8929 the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
8930 (f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
8931 public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
8932 hearing of the taxing entity.
8933 (ii) A taxing entity may hold the following hearings on the same date as a public
8934 hearing described in Subsection (3)(a)(v) or (4)(b):
8935 (A) a budget hearing;
8936 (B) if the taxing entity is a local district or a special service district, a fee hearing
8937 described in Section 17B-1-643;
8938 (C) if the taxing entity is a town, an enterprise fund hearing described in Section
8939 10-5-107.5; or
8940 (D) if the taxing entity is a city, an enterprise fund hearing described in Section
8941 10-6-135.5.
8942 (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
8943 valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
8944 entity shall:
8945 (i) announce at that public hearing the scheduled time and place of the next public
8946 meeting at which the taxing entity will consider budgeting the additional ad valorem tax
8947 revenue; and
8948 (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
8949 in Subsection (9)(a)(i) before September 1.
8950 (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
8951 of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
8952 tax revenue stated at a public meeting under Subsection (3)(a)(i).
8953 (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
8954 certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
8955 annual budget.
8956 Section 156. Section 59-2-919.2 is amended to read:
8957 59-2-919.2. Consolidated advertisement of public hearings.
8958 (1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
8959 entity provides the notice to the county required under Subsection 59-2-919(8)(a)(i), the taxing
8960 entity shall provide to the county auditor the information required by Subsection
8961 59-2-919(8)(a)(i).
8962 (b) A taxing entity is not required to notify the county auditor of the taxing entity's
8963 public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
8964 notice requirements of Section 59-2-919.
8965 (2) If as of July 22, two or more taxing entities notify the county auditor under
8966 Subsection (1), the county auditor shall by no later than July 22 of each year:
8967 (a) compile a list of the taxing entities that notify the county auditor under Subsection
8968 (1);
8969 (b) include on the list described in Subsection (2)(a), the following information for
8970 each taxing entity on the list:
8971 (i) the name of the taxing entity;
8972 (ii) the date, time, and location of the public hearing described in Subsection
8973 59-2-919(8)(a)(i);
8974 (iii) the average dollar increase on a residence in the taxing entity that the proposed tax
8975 increase would generate; and
8976 (iv) the average dollar increase on a business in the taxing entity that the proposed tax
8977 increase would generate;
8978 (c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
8979 notifies the county auditor under Subsection (1); and
8980 (d) in addition to the requirements of Subsection (3), if the county has a webpage,
8981 publish a copy of the list described in Subsection (2)(a) on the county's webpage until
8982 December 31.
8983 (3) (a) At least two weeks before any public hearing included in the list under
8984 Subsection (2) is held, the county auditor shall publish:
8985 (i) the list compiled under Subsection (2); and
8986 (ii) a statement that:
8987 (A) the list is for informational purposes only;
8988 (B) the list should not be relied on to determine a person's tax liability under this
8989 chapter; and
8990 (C) for specific information related to the tax liability of a taxpayer, the taxpayer
8991 should review the taxpayer's tax notice received under Section 59-2-919.1.
8992 (b) Except as provided in Subsection (3)(d)(ii), the information described in Subsection
8993 (3)(a) shall be published:
8994 (i) in no less than 1/4 page in size;
8995 (ii) in type no smaller than 18 point; and
8996 (iii) surrounded by a 1/4-inch border.
8997 (c) The published information described in Subsection (3)(a) and published in
8998 accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
8999 legal notice or classified advertisement appears.
9000 (d) A county auditor shall publish the information described in Subsection (3)(a):
9001 (i) (A) in a newspaper or combination of newspapers that are:
9002 (I) published at least one day per week;
9003 (II) of general interest and readership in the county; and
9004 (III) not of limited subject matter; and
9005 (B) once each week for the two weeks preceding the first hearing included in the list
9006 compiled under Subsection (2); and
9007 (ii) for two weeks preceding the the day of the first hearing included in the list
9008 compiled under Subsection (2):
9009 (A) as required in Section 45-1-101; and
9010 [
9011 (B) for the county, as a class A notice under Section 63G-28-102.
9012 (4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
9013 the list described in Subsection (2)(c) to a person:
9014 (a) who attends the public hearing described in Subsection 59-2-919(8)(a)(i) of the
9015 taxing entity; or
9016 (b) who requests a copy of the list.
9017 (5) (a) A county auditor shall by no later than 30 days from the day on which the last
9018 publication of the information required by Subsection (3)(a) is made:
9019 (i) determine the costs of compiling and publishing the list; and
9020 (ii) charge each taxing entity included on the list an amount calculated by dividing the
9021 amount determined under Subsection (5)(a) by the number of taxing entities on the list.
9022 (b) A taxing entity shall pay the county auditor the amount charged under Subsection
9023 (5)(a).
9024 (6) The publication of the list under this section does not remove or change the notice
9025 requirements of Section 59-2-919 for a taxing entity.
9026 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9027 commission may make rules:
9028 (a) relating to the publication of a consolidated advertisement which includes the
9029 information described in Subsection (2) for a taxing entity that overlaps two or more counties;
9030 (b) relating to the payment required in Subsection (5)(b); and
9031 (c) to oversee the administration of this section and provide for uniform
9032 implementation.
9033 Section 157. Section 59-12-402 is amended to read:
9034 59-12-402. Additional resort communities sales and use tax -- Base -- Rate --
9035 Collection fees -- Resolution and voter approval requirements -- Election requirements --
9036 Notice requirements -- Ordinance requirements -- Prohibition of military installation
9037 development authority imposition of tax.
9038 (1) (a) Subject to Subsections (2) through (6), the governing body of a municipality in
9039 which the transient room capacity as defined in Section 59-12-405 is greater than or equal to
9040 66% of the municipality's permanent census population may, in addition to the sales tax
9041 authorized under Section 59-12-401, impose an additional resort communities sales tax in an
9042 amount that is less than or equal to .5% on the transactions described in Subsection
9043 59-12-103(1) located within the municipality.
9044 (b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
9045 impose a tax under this section on:
9046 (i) the sale of:
9047 (A) a motor vehicle;
9048 (B) an aircraft;
9049 (C) a watercraft;
9050 (D) a modular home;
9051 (E) a manufactured home; or
9052 (F) a mobile home;
9053 (ii) the sales and uses described in Section 59-12-104 to the extent the sales and uses
9054 are exempt from taxation under Section 59-12-104; and
9055 (iii) except as provided in Subsection (1)(d), amounts paid or charged for food and
9056 food ingredients.
9057 (c) For purposes of this Subsection (1), the location of a transaction shall be
9058 determined in accordance with Sections 59-12-211 through 59-12-215.
9059 (d) A municipality imposing a tax under this section shall impose the tax on the
9060 purchase price or sales price for amounts paid or charged for food and food ingredients if the
9061 food and food ingredients are sold as part of a bundled transaction attributable to food and food
9062 ingredients and tangible personal property other than food and food ingredients.
9063 (2) (a) An amount equal to the total of any costs incurred by the state in connection
9064 with the implementation of Subsection (1) which exceed, in any year, the revenues received by
9065 the state from its collection fees received in connection with the implementation of Subsection
9066 (1) shall be paid over to the state General Fund by the cities and towns which impose the tax
9067 provided for in Subsection (1).
9068 (b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among
9069 those cities and towns according to the amount of revenue the respective cities and towns
9070 generate in that year through imposition of that tax.
9071 (3) To impose an additional resort communities sales tax under this section, the
9072 governing body of the municipality shall:
9073 (a) pass a resolution approving the tax; and
9074 (b) except as provided in Subsection (6), obtain voter approval for the tax as provided
9075 in Subsection (4).
9076 (4) To obtain voter approval for an additional resort communities sales tax under
9077 Subsection (3)(b), a municipality shall:
9078 (a) hold the additional resort communities sales tax election during:
9079 (i) a regular general election; or
9080 (ii) a municipal general election; and
9081 (b) post notice of the election[
9082 63G-28-102, for at least 15 days before the day on which the election is held.
9083 [
9084 [
9085 (5) An ordinance approving an additional resort communities sales tax under this
9086 section shall provide an effective date for the tax as provided in Section 59-12-403.
9087 (6) (a) Except as provided in Subsection (6)(b), a municipality is not subject to the
9088 voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
9089 municipality imposed a license fee or tax on businesses based on gross receipts pursuant to
9090 Section 10-1-203.
9091 (b) The exception from the voter approval requirements in Subsection (6)(a) does not
9092 apply to a municipality that, on or before January 1, 1996, imposed a license fee or tax on only
9093 one class of businesses based on gross receipts pursuant to Section 10-1-203.
9094 (7) A military installation development authority authorized to impose a resort
9095 communities tax under Section 59-12-401 may not impose an additional resort communities
9096 sales tax under this section.
9097 Section 158. Section 59-12-1102 is amended to read:
9098 59-12-1102. Base -- Rate -- Imposition of tax -- Distribution of revenue --
9099 Administration -- Administrative charge -- Commission requirement to retain an amount
9100 to be deposited into the Qualified Emergency Food Agencies Fund -- Enactment or repeal
9101 of tax -- Effective date -- Notice requirements.
9102 (1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
9103 authorized by this chapter, a county may impose by ordinance a county option sales and use tax
9104 of .25% upon the transactions described in Subsection 59-12-103(1).
9105 (ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
9106 section on the sales and uses described in Section 59-12-104 to the extent the sales and uses are
9107 exempt from taxation under Section 59-12-104.
9108 (b) For purposes of this Subsection (1), the location of a transaction shall be
9109 determined in accordance with Sections 59-12-211 through 59-12-215.
9110 (c) The county option sales and use tax under this section shall be imposed:
9111 (i) upon transactions that are located within the county, including transactions that are
9112 located within municipalities in the county; and
9113 (ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
9114 January:
9115 (A) of the next calendar year after adoption of the ordinance imposing the tax if the
9116 ordinance is adopted on or before May 25; or
9117 (B) of the second calendar year after adoption of the ordinance imposing the tax if the
9118 ordinance is adopted after May 25.
9119 (d) The county option sales and use tax under this section shall be imposed:
9120 (i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
9121 September 4, 1997; or
9122 (ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
9123 but after September 4, 1997.
9124 (2) (a) Before imposing a county option sales and use tax under Subsection (1), a
9125 county shall hold two public hearings on separate days in geographically diverse locations in
9126 the county.
9127 (b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
9128 time of no earlier than 6 p.m.
9129 (ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
9130 days after the day the first advertisement required by Subsection (2)(c) is published.
9131 (c) (i) Before holding the public hearings required by Subsection (2)(a), the county
9132 shall advertise:
9133 (A) its intent to adopt a county option sales and use tax;
9134 (B) the date, time, and location of each public hearing; and
9135 (C) a statement that the purpose of each public hearing is to obtain public comments
9136 regarding the proposed tax.
9137 (ii) The advertisement shall be published:
9138 (A) in a newspaper of general circulation in the county once each week for the two
9139 weeks preceding the earlier of the two public hearings; and
9140 (B) [
9141 as a class A notice under Section 63G-28-102, for two weeks [
9142 day on which the first of the two public hearings is held.
9143 (iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
9144 page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
9145 border.
9146 (iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
9147 portion of the newspaper where legal notices and classified advertisements appear.
9148 (v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
9149 (A) the advertisement shall appear in a newspaper that is published at least five days a
9150 week, unless the only newspaper in the county is published less than five days a week; and
9151 (B) the newspaper selected shall be one of general interest and readership in the
9152 community, and not one of limited subject matter.
9153 (d) The adoption of an ordinance imposing a county option sales and use tax is subject
9154 to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
9155 6, Local Referenda - Procedures.
9156 (3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing a
9157 county option sales and use tax under Subsection (1) is less than 75% of the state population,
9158 the tax levied under Subsection (1) shall be distributed to the county in which the tax was
9159 collected.
9160 (b) Subject to Subsection (5), if the aggregate population of the counties imposing a
9161 county option sales and use tax under Subsection (1) is greater than or equal to 75% of the state
9162 population:
9163 (i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
9164 the county in which the tax was collected; and
9165 (ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
9166 (1) in each county shall be distributed proportionately among all counties imposing the tax,
9167 based on the total population of each county.
9168 (c) Except as provided in Subsection (5), the amount to be distributed annually to a
9169 county under Subsection (3)(b)(ii), when combined with the amount distributed to the county
9170 under Subsection (3)(b)(i), does not equal at least $75,000, then:
9171 (i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
9172 be increased so that, when combined with the amount distributed to the county under
9173 Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
9174 (ii) the amount to be distributed annually to all other counties under Subsection
9175 (3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
9176 Subsection (3)(c)(i).
9177 (d) The commission shall establish rules to implement the distribution of the tax under
9178 Subsections (3)(a), (b), and (c).
9179 (4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
9180 shall be administered, collected, and enforced in accordance with:
9181 (i) the same procedures used to administer, collect, and enforce the tax under:
9182 (A) Part 1, Tax Collection; or
9183 (B) Part 2, Local Sales and Use Tax Act; and
9184 (ii) Chapter 1, General Taxation Policies.
9185 (b) A tax under this part is not subject to Subsections 59-12-205(2) through (6).
9186 (c) (i) Subject to Subsection (4)(c)(ii), the commission shall retain and deposit an
9187 administrative charge in accordance with Section 59-1-306 from the revenue the commission
9188 collects from a tax under this part.
9189 (ii) Notwithstanding Section 59-1-306, the administrative charge described in
9190 Subsection (4)(c)(i) shall be calculated by taking a percentage described in Section 59-1-306 of
9191 the distribution amounts resulting after:
9192 (A) the applicable distribution calculations under Subsection (3) have been made; and
9193 (B) the commission retains the amount required by Subsection (5).
9194 (5) (a) Beginning on July 1, 2009, the commission shall calculate and retain a portion
9195 of the sales and use tax collected under this part as provided in this Subsection (5).
9196 (b) For a county that imposes a tax under this part, the commission shall calculate a
9197 percentage each month by dividing the sales and use tax collected under this part for that
9198 month within the boundaries of that county by the total sales and use tax collected under this
9199 part for that month within the boundaries of all of the counties that impose a tax under this part.
9200 (c) For a county that imposes a tax under this part, the commission shall retain each
9201 month an amount equal to the product of:
9202 (i) the percentage the commission determines for the month under Subsection (5)(b)
9203 for the county; and
9204 (ii) $6,354.
9205 (d) The commission shall deposit an amount the commission retains in accordance
9206 with this Subsection (5) into the Qualified Emergency Food Agencies Fund created by Section
9207 35A-8-1009.
9208 (e) An amount the commission deposits into the Qualified Emergency Food Agencies
9209 Fund shall be expended as provided in Section 35A-8-1009.
9210 (6) (a) For purposes of this Subsection (6):
9211 (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County
9212 Consolidations and Annexations.
9213 (ii) "Annexing area" means an area that is annexed into a county.
9214 (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a
9215 county enacts or repeals a tax under this part:
9216 (A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
9217 (II) the repeal shall take effect on the first day of a calendar quarter; and
9218 (B) after a 90-day period beginning on the date the commission receives notice meeting
9219 the requirements of Subsection (6)(b)(ii) from the county.
9220 (ii) The notice described in Subsection (6)(b)(i)(B) shall state:
9221 (A) that the county will enact or repeal a tax under this part;
9222 (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
9223 (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
9224 (D) if the county enacts the tax described in Subsection (6)(b)(ii)(A), the rate of the
9225 tax.
9226 (c) (i) If the billing period for a transaction begins before the effective date of the
9227 enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
9228 of the first billing period that begins on or after the effective date of the enactment of the tax.
9229 (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
9230 period is produced on or after the effective date of the repeal of the tax imposed under
9231 Subsection (1).
9232 (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
9233 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
9234 Subsection (6)(b)(i) takes effect:
9235 (A) on the first day of a calendar quarter; and
9236 (B) beginning 60 days after the effective date of the enactment or repeal under
9237 Subsection (6)(b)(i).
9238 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9239 commission may by rule define the term "catalogue sale."
9240 (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
9241 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
9242 part for an annexing area, the enactment or repeal shall take effect:
9243 (A) on the first day of a calendar quarter; and
9244 (B) after a 90-day period beginning on the date the commission receives notice meeting
9245 the requirements of Subsection (6)(e)(ii) from the county that annexes the annexing area.
9246 (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
9247 (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
9248 repeal of a tax under this part for the annexing area;
9249 (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
9250 (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
9251 (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
9252 (f) (i) If the billing period for a transaction begins before the effective date of the
9253 enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
9254 of the first billing period that begins on or after the effective date of the enactment of the tax.
9255 (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
9256 period is produced on or after the effective date of the repeal of the tax imposed under
9257 Subsection (1).
9258 (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
9259 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
9260 Subsection (6)(e)(i) takes effect:
9261 (A) on the first day of a calendar quarter; and
9262 (B) beginning 60 days after the effective date of the enactment or repeal under
9263 Subsection (6)(e)(i).
9264 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9265 commission may by rule define the term "catalogue sale."
9266 Section 159. Section 59-12-2208 is amended to read:
9267 59-12-2208. Legislative body approval requirements -- Notice -- Voter approval
9268 requirements.
9269 (1) Subject to the other provisions of this section, before imposing a sales and use tax
9270 under this part, a county, city, or town legislative body shall:
9271 (a) obtain approval to impose the sales and use tax from a majority of the members of
9272 the county, city, or town legislative body; and
9273 (b) submit an opinion question to the county's, city's, or town's registered voters voting
9274 on the imposition of the sales and use tax so that each registered voter has the opportunity to
9275 express the registered voter's opinion on whether a sales and use tax should be imposed under
9276 this section.
9277 (2) The opinion question required by this section shall state:
9278 "Shall (insert the name of the county, city, or town), Utah, be authorized to impose a
9279 (insert the tax rate of the sales and use tax) sales and use tax for (list the purposes for which the
9280 revenues collected from the sales and use tax shall be expended)?"
9281 (3) (a) Subject to Subsection (3)(b), the election required by this section shall be held:
9282 (i) at a regular general election conducted in accordance with the procedures and
9283 requirements of Title 20A, Election Code, governing regular general elections; or
9284 (ii) at a municipal general election conducted in accordance with the procedures and
9285 requirements of Section 20A-1-202.
9286 (b) (i) Subject to Subsection (3)(b)(ii), the county clerk of the county in which the
9287 opinion question required by this section will be submitted to registered voters shall[
9288
9289 (A) provide notice for the county, city, or town, as a class A notice under Section
9290 63G-28-102, for at least 15 days before the date of the election[
9291 [
9292
9293 [
9294
9295
9296 [
9297 places where the notice was posted.
9298 (ii) The notice under Subsection (3)(b)(i) shall:
9299 (A) state that an opinion question will be submitted to the county's, city's, or town's
9300 registered voters voting on the imposition of a sales and use tax under this section so that each
9301 registered voter has the opportunity to express the registered voter's opinion on whether a sales
9302 and use tax should be imposed under this section; and
9303 (B) list the purposes for which the revenues collected from the sales and use tax shall
9304 be expended.
9305 (4) A county, city, or town that submits an opinion question to registered voters under
9306 this section is subject to Section 20A-11-1203.
9307 (5) Subject to Section 59-12-2209, if a county, city, or town legislative body
9308 determines that a majority of the county's, city's, or town's registered voters voting on the
9309 imposition of a sales and use tax under this part have voted in favor of the imposition of the
9310 sales and use tax in accordance with this section, the county, city, or town legislative body shall
9311 impose the sales and use tax.
9312 (6) If, after imposing a sales and use tax under this part, a county, city, or town
9313 legislative body seeks to impose a tax rate for the sales and use tax that exceeds or is less than
9314 the tax rate stated in the opinion question described in Subsection (2) or repeals the tax rate
9315 stated in the opinion question described in Subsection (2), the county, city, or town legislative
9316 body shall:
9317 (a) obtain approval from a majority of the members of the county, city, or town
9318 legislative body to impose a tax rate for the sales and use tax that exceeds or is less than the tax
9319 rate stated in the opinion question described in Subsection (2) or repeals the tax rate stated in
9320 the opinion question described in Subsection (2); and
9321 (b) in accordance with the procedures and requirements of this section, submit an
9322 opinion question to the county's, city's, or town's registered voters voting on the tax rate so that
9323 each registered voter has the opportunity to express the registered voter's opinion on whether to
9324 impose a tax rate for the sales and use tax that exceeds or is less than the tax rate stated in the
9325 opinion question described in Subsection (2) or repeal the tax rate stated in the opinion
9326 question described in Subsection (2).
9327 Section 160. Section 62A-5-202.5 is amended to read:
9328 62A-5-202.5. Utah State Developmental Center Board -- Creation -- Membership
9329 -- Duties -- Powers.
9330 (1) There is created the Utah State Developmental Center Board within the Department
9331 of Health and Human Services.
9332 (2) The board is composed of nine members as follows:
9333 (a) the director of the division or the director's designee;
9334 (b) the superintendent of the developmental center or the superintendent's designee;
9335 (c) the executive director of the Department of Health and Human Services or the
9336 executive director's designee;
9337 (d) a resident of the developmental center selected by the superintendent; and
9338 (e) five members appointed by the governor with the advice and consent of the Senate
9339 as follows:
9340 (i) three members of the general public; and
9341 (ii) two members who are parents or guardians of individuals who receive services at
9342 the developmental center.
9343 (3) In making appointments to the board, the governor shall ensure that:
9344 (a) no more than three members have immediate family residing at the developmental
9345 center; and
9346 (b) members represent a variety of geographic areas and economic interests of the state.
9347 (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
9348 term of four years.
9349 (b) An appointed member may not serve more than two full consecutive terms unless
9350 the governor determines that an additional term is in the best interest of the state.
9351 (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
9352 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
9353 of appointed members are staggered so that approximately half of the appointed members are
9354 appointed every two years.
9355 (d) Appointed members shall continue in office until the expiration of their terms and
9356 until their successors are appointed, which may not exceed 120 days after the formal expiration
9357 of a term.
9358 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
9359 appointed for the unexpired term.
9360 (5) (a) The director shall serve as the chair.
9361 (b) The board shall appoint a member to serve as vice chair.
9362 (c) The board shall hold meetings quarterly or as needed.
9363 (d) Five members are necessary to constitute a quorum at any meeting, and, if a
9364 quorum exists, the action of the majority of members present shall be the action of the board.
9365 (e) The chair shall be a non-voting member except that the chair may vote to break a tie
9366 vote between the voting members.
9367 (6) An appointed member may not receive compensation or benefits for the member's
9368 service, but, at the executive director's discretion, may receive per diem and travel expenses in
9369 accordance with:
9370 (a) Section 63A-3-106;
9371 (b) Section 63A-3-107; and
9372 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
9373 63A-3-107.
9374 (7) (a) The board shall adopt bylaws governing the board's activities.
9375 (b) Bylaws shall include procedures for removal of a member who is unable or
9376 unwilling to fulfill the requirements of the member's appointment.
9377 (8) The board shall:
9378 (a) act for the benefit of the developmental center and the division;
9379 (b) advise and assist the division with the division's functions, operations, and duties
9380 related to the developmental center, described in Sections 62A-5-102, 62A-5-103, 62A-5-201,
9381 62A-5-203, and 62A-5-206;
9382 (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
9383 described in Section 62A-5-206.5;
9384 (d) administer the Utah State Developmental Center Land Fund, as described in
9385 Section 62A-5-206.6;
9386 (e) approve the sale, lease, or other disposition of real property or water rights
9387 associated with the developmental center, as described in Subsection 62A-5-206.6(2); and
9388 (f) within 21 days after the day on which the board receives the notice required under
9389 Subsection [
9390 boundary adjustment to:
9391 (i) the director of the Division of Facilities and Construction Management; and
9392 (ii) the Legislative Management Committee.
9393 Section 161. Section 63A-5b-305 is amended to read:
9394 63A-5b-305. Duties and authority of director.
9395 (1) The director shall:
9396 (a) administer the division's duties and responsibilities;
9397 (b) report all property acquired by the state, except property acquired by an institution
9398 of higher education or the trust lands administration, to the director of the Division of Finance
9399 for inclusion in the state's financial records;
9400 (c) after receiving the notice required under Subsection [
9401 10-2-419(3)(b), file a written protest at or before the public hearing under Subsection
9402 10-2-419(2)(b), if:
9403 (i) it is in the best interest of the state to protest the boundary adjustment; or
9404 (ii) the Legislature instructs the director to protest the boundary adjustment; and
9405 (d) take all other action that the director is required to take under this chapter or other
9406 applicable statute.
9407 (2) The director may:
9408 (a) create forms and make policies necessary for the division or director to perform the
9409 division or director's duties;
9410 (b) (i) hire or otherwise procure assistance and service, professional, skilled, or
9411 otherwise, necessary to carry out the director's duties under this chapter; and
9412 (ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through
9413 annual operation budget appropriations or from other nonlapsing project funds;
9414 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
9415 make rules necessary for the division or director to perform the division or director's duties;
9416 and
9417 (d) take all other action necessary for carrying out the purposes of this chapter.
9418 Section 162. Section 63A-16-602 is amended to read:
9419 63A-16-602. Notice and training by the Division of Archives and Records Service.
9420 (1) The Division of Archives and Records Service shall provide notice of the
9421 provisions and requirements of this chapter to all public bodies that are subject to the provision
9422 of Subsection [
9423 (2) The Division of Archives and Records Service shall, as necessary, provide periodic
9424 training on the use of the website to public bodies that are authorized to post notice on the
9425 website.
9426 Section 163. Section 63G-28-101 is enacted to read:
9427
9428 63G-28-101. Definitions.
9429 As used in this chapter:
9430 (1) "Affected area" means:
9431 (a) the area that is designated in statute, county ordinance, or municipal ordinance as
9432 the area for which public notice must be provided;
9433 (b) in relation to a statute, if no affected area is designated in the statute, the affected
9434 area is the state;
9435 (c) in relation to a county ordinance, if no affected area is designated in the county
9436 ordinance, the affected area is the county; or
9437 (d) in relation to a municipal ordinance, if no affected area is designated in the
9438 municipal ordinance, the affected area is the municipality.
9439 (2) "Government official" means an individual elected or appointed to a state office,
9440 county office, municipal office, school board, school district office, local district office, or
9441 special service district office.
9442 (3) "Notice summary statement" means a statement that includes the following in
9443 relation to a public notice:
9444 (a) a title that accurately describes the purpose or subject of the public notice;
9445 (b) the name of the public body, or the name and title of the government official, that
9446 provides the public notice;
9447 (c) a statement that clearly describes the matter for which the public notice is given;
9448 (d) a general description of the area to which the public notice relates;
9449 (e) the dates and deadlines applicable to the matter for which the public notice is given;
9450 and
9451 (f) information specifying where a person may obtain a copy of the complete public
9452 notice, including:
9453 (i) the web address for the Utah Public Notice Website;
9454 (ii) if the public body or government official maintains a public website, the web
9455 address where the public notice is located;
9456 (iii) the address of a physical location where a copy of the public notice may be viewed
9457 or obtained; and
9458 (iv) a telephone number that an individual may call to request a copy of the public
9459 notice.
9460 (4) "Public body" means the same as that term is defined in Section 52-4-103.
9461 (5) "Public location" means:
9462 (a) a location that is open to the general public, regardless of whether the location is
9463 owned by a public entity, a private entity, or an individual; or
9464 (b) a location that is not open to the general public, but where the notice is clearly
9465 visible to, and may easily be read by, an individual while the individual is present in a location
9466 described in Subsection (5)(a).
9467 (6) "Public notice" means a notice that is required to be provided to the public by a
9468 public body or a government official.
9469 (7) "Utah Public Notice Website" means the Utah Public Notice Website created in
9470 Section 63A-16-601.
9471 Section 164. Section 63G-28-102 is enacted to read:
9472 63G-28-102. Public notice classifications and requirements.
9473 (1) A public body or a government official that is required to provide a class A notice:
9474 (a) shall publish the public notice on the Utah Public Notice Website;
9475 (b) shall publish the public notice on the public body's or government official's official
9476 website, if the public body or government official:
9477 (i) maintains an official website; and
9478 (ii) has an annual operating budget of $250,000 or more; and
9479 (c) except as provided in Subsection (4), and subject to Subsection (5), post the public
9480 notice in connection with the affected area as follows:
9481 (i) if the affected area is a municipality with a population of less than 2,000, in a public
9482 location in or near the affected area that is reasonably likely to be seen by residents of the
9483 affected area;
9484 (ii) if the affected area is a proposed municipality with a population of less than 2,000,
9485 in a public location in or near the affected area that is reasonably likely to be seen by residents
9486 of the affected area;
9487 (iii) if the affected area is an area other than an area described in Subsections (1)(c)(i),
9488 (1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected area that is
9489 reasonably likely to be seen by:
9490 (A) residents of the affected area; or
9491 (B) if there are no residents within the affected area, individuals who pass through or
9492 near the affected area;
9493 (iv) if the affected area is a county, in a public location within the county that is
9494 reasonably likely to be seen by residents of the county;
9495 (v) if the affected area is a municipality with a population of 2,000 or more, or a
9496 proposed municipality with a population of 2,000 or more, in a public location within the
9497 municipality or proposed municipality that is reasonably likely to be seen by residents of the
9498 municipality or proposed municipality;
9499 (vi) if the affected area is a public street, on or adjacent to the public street;
9500 (vii) if the affected area is an easement:
9501 (A) on or adjacent to the easement; or
9502 (B) in a public location that is reasonably likely to be seen by persons who are likely to
9503 be impacted by the easement; or
9504 (viii) if the affected area is an interlocal entity, within, or as applicable near, each
9505 jurisdiction that is part of the interlocal entity, in accordance with the provisions of this
9506 Subsection (1) that apply to that jurisdiction.
9507 (2) Subject to Subsection (5), a public body or a government official that is required to
9508 provide a class B notice shall:
9509 (a) comply with the requirements described in Subsection (1) for a class A notice;
9510 (b) if a statute, county ordinance, or municipal ordinance requires that the notice be
9511 provided for a designated geographic area, mail or otherwise deliver the public notice or a
9512 notice summary statement to each residence within, and, in accordance with Subsection (3), to
9513 each owner of real property located within, the designated geographic area; and
9514 (c) if a statute, county ordinance, or municipal ordinance requires that the notice be
9515 provided to one or more designated persons or real property owners, mail or otherwise deliver
9516 the public notice or a notice summary statement, in accordance with Subsection (3), to each
9517 designated person and real property owner.
9518 (3) When providing notice to a real property owner under Subsection (2)(b) or (c), the
9519 public body or government official shall:
9520 (a) use the current residential or business address of the real property owner;
9521 (b) if the public body or government official is not reasonably able to obtain the
9522 address described in Subsection (3)(a), use the last known address of the real property owner
9523 that the public body or government official is able to obtain via a reasonable inquiry into public
9524 records; or
9525 (c) if the public body or government official is not reasonably able to obtain an address
9526 described in Subsection (3)(a) or (b), post the notice on the real property.
9527 (4) A government official, a public body, or any other body that is required to post
9528 notice under Subsection (1) is not required to comply with Subsection (1)(c) if:
9529 (a) the affected area is the state;
9530 (b) the body is a specified body, as defined in Section 52-4-103;
9531 (c) the public body is the Legislature or a public body within the state legislative
9532 branch; or
9533 (d) the government official is required to post the notice on behalf of a body described
9534 in Subsection (4)(b) or (c).
9535 (5) If a statute, ordinance, or rule requires a public body or government official to
9536 provide notice for a period of time:
9537 (a) in relation to posting the notice on the Utah Public Notice Website, the requirement
9538 is not violated due to temporary technological issues that interrupt the posting, unless the
9539 posting is interrupted for more than 25% of the required posting time;
9540 (b) in relation to posting the notice in a physical location, the requirement is fulfilled if:
9541 (i) the notice is posted at or, except to the extent prohibited by law, before the
9542 beginning of the period of time;
9543 (ii) the public body or government official does not remove the posting before the end
9544 of the period of time; and
9545 (iii) until the end of the period of time, the public body or government official:
9546 (A) periodically verifies that the notice remains in place; and
9547 (B) replaces the notice within a reasonable time after discovering that the notice has
9548 been removed or damaged; and
9549 (c) in relation to mailing, sending, or otherwise delivering notice to a person, the
9550 mailing is made at or, except to the extent prohibited by law, before, the beginning of the
9551 period of time.
9552 Section 165. Section 63H-1-202 is amended to read:
9553 63H-1-202. Applicability of other law.
9554 (1) As used in this section:
9555 (a) "Subsidiary" means an authority subsidiary that is a public body as defined in
9556 Section 52-4-103.
9557 (b) "Subsidiary board" means the governing body of a subsidiary.
9558 (2) The authority or land within a project area is not subject to:
9559 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
9560 (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
9561 (c) ordinances or regulations of a county or municipality, including those relating to
9562 land use, health, business license, or franchise; or
9563 (d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
9564 Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
9565 Special Service District Act.
9566 (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
9567 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
9568 by Title 63E, Independent Entities Code.
9569 (4) (a) The definitions in Section 57-8-3 apply to this Subsection (4).
9570 (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
9571 Act, or any other provision of law:
9572 (i) if the military is the owner of land in a project area on which a condominium project
9573 is constructed, the military is not required to sign, execute, or record a declaration of a
9574 condominium project; and
9575 (ii) if a condominium unit in a project area is owned by the military or owned by the
9576 authority and leased to the military for $1 or less per calendar year, not including any common
9577 charges that are reimbursements for actual expenses:
9578 (A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
9579 Condominium Ownership Act;
9580 (B) condominium unit owners within the same building or commercial condominium
9581 project may agree on any method of allocation and payment of common area expenses,
9582 regardless of the size or par value of each unit; and
9583 (C) the condominium project may not be dissolved without the consent of all the
9584 condominium unit owners.
9585 (5) Notwithstanding any other provision, when a law requires the consent of a local
9586 government, the authority is the consenting entity for a project area.
9587 (6) (a) A department, division, or other agency of the state and a political subdivision
9588 of the state shall cooperate with the authority to the fullest extent possible to provide whatever
9589 support, information, or other assistance the authority requests that is reasonably necessary to
9590 help the authority fulfill the authority's duties and responsibilities under this chapter.
9591 (b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
9592 a project area located within the boundary of the political subdivision.
9593 (7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
9594 Public Meetings Act, except that:
9595 (i) notwithstanding Section 52-4-104, the timing and nature of training to authority
9596 board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
9597 and Public Meetings Act, may be determined by:
9598 (A) the board chair, for the authority board; or
9599 (B) the subsidiary board chair, for a subsidiary board;
9600 (ii) authority staff may adopt a rule governing the use of electronic meetings under
9601 Section 52-4-207, if, under Subsection 63H-1-301(3), the board delegates to authority staff the
9602 power to adopt the rule; and
9603 (iii) for an electronic meeting of the authority board or subsidiary board that otherwise
9604 complies with Section 52-4-207, the authority board or subsidiary board, respectively:
9605 (A) is not required to establish an anchor location; and
9606 (B) may convene and conduct the meeting without the written determination otherwise
9607 required under Subsection 52-4-207(4).
9608 (b) Except as provided in Subsection (7)(c), the authority is not required to physically
9609 post notice notwithstanding any other provision of law.
9610 (c) The authority shall physically post notice in accordance with Subsection
9611 [
9612 (8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
9613 Records Access and Management Act, except that:
9614 (a) notwithstanding Section 63G-2-701:
9615 (i) the authority may establish an appeals board consisting of at least three members;
9616 (ii) an appeals board established under Subsection (8)(a)(i) shall include:
9617 (A) one of the authority board members appointed by the governor;
9618 (B) the authority board member appointed by the president of the Senate; and
9619 (C) the authority board member appointed by the speaker of the House of
9620 Representatives; and
9621 (iii) an appeal of a decision of an appeals board is to district court, as provided in
9622 Section 63G-2-404, except that the State Records Committee is not a party; and
9623 (b) a record created or retained by the authority or a subsidiary acting in the role of a
9624 facilitator under Subsection 63H-1-201(3)(v) is a protected record under Title 63G, Chapter 2,
9625 Government Records Access and Management Act.
9626 (9) The authority or a subsidiary acting in the role of a facilitator under Subsection
9627 63H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private partnership
9628 that results from the facilitator's work as a facilitator.
9629 (10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
9630 Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
9631 4, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
9632 the public infrastructure district's financed infrastructure and related improvements, subject to a
9633 maximum rate of .015.
9634 (ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
9635 district property tax levy for a bond.
9636 (b) If a subsidiary created as a public infrastructure district issues a bond:
9637 (i) the subsidiary may:
9638 (A) delay the effective date of the property tax levy for the bond until after the period
9639 of capitalized interest payments; and
9640 (B) covenant with bondholders not to reduce or impair the property tax levy; and
9641 (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
9642 Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a
9643 rate that generates more revenue than required to pay the annual debt service of the bond plus
9644 administrative costs, subject to a maximum of .02.
9645 (c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
9646 4, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102,
9647 within the public infrastructure district and apply a different property tax rate to each tax area,
9648 subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
9649 (ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
9650 may issue bonds secured by property taxes from:
9651 (A) the entire public infrastructure district; or
9652 (B) one or more tax areas within the public infrastructure district.
9653 (11) (a) Terms defined in Section 57-11-2 apply to this Subsection (11).
9654 (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
9655 offer or disposition of an interest in land if the interest in land lies within the boundaries of the
9656 project area and the authority:
9657 (i) (A) has a development review committee using at least one professional planner;
9658 (B) enacts standards and guidelines that require approval of planning, land use, and
9659 plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
9660 control; and
9661 (C) will have the improvements described in Subsection (11)(b)(i)(B) plus
9662 telecommunications and electricity; and
9663 (ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
9664 assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
9665 (12) (a) As used in this Subsection (12), "officer" means the same as an officer within
9666 the meaning of the Utah Constitution Article IV, Section 10.
9667 (b) An official act of an officer may not be invalidated for the reason that the officer
9668 failed to take the oath of office.
9669 Section 166. Section 63H-1-701 is amended to read:
9670 63H-1-701. Annual authority budget -- Fiscal year -- Public hearing required --
9671 Auditor forms -- Requirement to file form.
9672 (1) The authority shall prepare and its board adopt an annual budget of revenues and
9673 expenditures for the authority for each fiscal year.
9674 (2) Each annual authority budget shall be adopted before June 30.
9675 (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
9676 (4) (a) Before adopting an annual budget, the authority board shall hold a public
9677 hearing on the annual budget.
9678 (b) The authority shall provide notice of the public hearing on the annual budget by
9679 publishing notice[
9680
9681
9682 immediately before the day of the public hearing.
9683 (c) The authority shall make the annual budget available for public inspection at least
9684 three days before the date of the public hearing.
9685 (5) The state auditor shall prescribe the budget forms and the categories to be contained
9686 in each authority budget, including:
9687 (a) revenues and expenditures for the budget year;
9688 (b) legal fees; and
9689 (c) administrative costs, including rent, supplies, and other materials, and salaries of
9690 authority personnel.
9691 (6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
9692 copy of the annual budget with the auditor of each county in which a project area of the
9693 authority is located, the State Tax Commission, the state auditor, the State Board of Education,
9694 and each taxing entity that levies a tax on property from which the authority collects property
9695 tax allocation.
9696 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
9697 state as a taxing entity is met if the authority files a copy with the State Tax Commission and
9698 the state auditor.
9699 Section 167. Section 67-3-13 is amended to read:
9700 67-3-13. State privacy officer.
9701 (1) As used in this section:
9702 (a) "Designated government entity" means a government entity that is not a state
9703 agency.
9704 (b) "Independent entity" means the same as that term is defined in Section 63E-1-102.
9705 (c) (i) "Government entity" means the state, a county, a municipality, a higher
9706 education institution, a local district, a special service district, a school district, an independent
9707 entity, or any other political subdivision of the state or an administrative subunit of any
9708 political subdivision, including a law enforcement entity.
9709 (ii) "Government entity" includes an agent of an entity described in Subsection
9710 (1)(c)(i).
9711 (d) (i) "Personal data" means any information relating to an identified or identifiable
9712 individual.
9713 (ii) "Personal data" includes personally identifying information.
9714 (e) (i) "Privacy practice" means the acquisition, use, storage, or disposal of personal
9715 data.
9716 (ii) "Privacy practice" includes:
9717 (A) a technology use related to personal data; and
9718 (B) policies related to the protection, storage, sharing, and retention of personal data.
9719 (f) (i) "State agency" means the following entities that are under the direct supervision
9720 and control of the governor or the lieutenant governor:
9721 (A) a department;
9722 (B) a commission;
9723 (C) a board;
9724 (D) a council;
9725 (E) an institution;
9726 (F) an officer;
9727 (G) a corporation;
9728 (H) a fund;
9729 (I) a division;
9730 (J) an office;
9731 (K) a committee;
9732 (L) an authority;
9733 (M) a laboratory;
9734 (N) a library;
9735 (O) a bureau;
9736 (P) a panel;
9737 (Q) another administrative unit of the state; or
9738 (R) an agent of an entity described in Subsections (A) through (Q).
9739 (ii) "State agency" does not include:
9740 (A) the legislative branch;
9741 (B) the judicial branch;
9742 (C) an executive branch agency within the Office of the Attorney General, the state
9743 auditor, the state treasurer, or the State Board of Education; or
9744 (D) an independent entity.
9745 (2) The state privacy officer shall:
9746 (a) when completing the duties of this Subsection (2), focus on the privacy practices of
9747 designated government entities;
9748 (b) compile information about government privacy practices of designated government
9749 entities;
9750 (c) make public and maintain information about government privacy practices on the
9751 state auditor's website;
9752 (d) provide designated government entities with educational and training materials
9753 developed by the Personal Privacy Oversight Commission established in Section 63C-24-201
9754 that include the information described in Subsection 63C-24-202(1)(b);
9755 (e) implement a process to analyze and respond to requests from individuals for the
9756 state privacy officer to review a designated government entity's privacy practice;
9757 (f) identify annually which designated government entities' privacy practices pose the
9758 greatest risk to individual privacy and prioritize those privacy practices for review;
9759 (g) review each year, in as timely a manner as possible, the privacy practices that the
9760 privacy officer identifies under Subsection (2)(e) or (2)(f) as posing the greatest risk to
9761 individuals' privacy;
9762 (h) when reviewing a designated government entity's privacy practice under Subsection
9763 (2)(g), analyze:
9764 (i) details about the technology or the policy and the technology's or the policy's
9765 application;
9766 (ii) information about the type of data being used;
9767 (iii) information about how the data is obtained, stored, shared, secured, and disposed;
9768 (iv) information about with which persons the designated government entity shares the
9769 information;
9770 (v) information about whether an individual can or should be able to opt out of the
9771 retention and sharing of the individual's data;
9772 (vi) information about how the designated government entity de-identifies or
9773 anonymizes data;
9774 (vii) a determination about the existence of alternative technology or improved
9775 practices to protect privacy; and
9776 (viii) a finding of whether the designated government entity's current privacy practice
9777 adequately protects individual privacy; and
9778 (i) after completing a review described in Subsections (2)(g) and (h), determine:
9779 (i) each designated government entity's use of personal data, including the designated
9780 government entity's practices regarding data:
9781 (A) acquisition;
9782 (B) storage;
9783 (C) disposal;
9784 (D) protection; and
9785 (E) sharing;
9786 (ii) the adequacy of the designated government entity's practices in each of the areas
9787 described in Subsection (2)(i)(i); and
9788 (iii) for each of the areas described in Subsection (2)(i)(i) that the state privacy officer
9789 determines to require reform, provide recommendations for reform to the designated
9790 government entity and the legislative body charged with regulating the designated government
9791 entity.
9792 (3) (a) The legislative body charged with regulating a designated government entity
9793 that receives a recommendation described in Subsection (2)(i)(iii) shall hold a public hearing
9794 on the proposed reforms:
9795 (i) with a quorum of the legislative body present; and
9796 (ii) within 90 days after the day on which the legislative body receives the
9797 recommendation.
9798 (b) (i) The legislative body shall provide notice of the hearing described in Subsection
9799 (3)(a).
9800 (ii) Notice of the public hearing and the recommendations to be discussed shall be
9801 posted [
9802 Section 63G-28-102, for at least 30 days before the day on which the legislative body will hold
9803 the public hearing.
9804 [
9805
9806 [
9807
9808
9809 (iii) Each notice required under Subsection (3)(b)(i) shall:
9810 (A) identify the recommendations to be discussed; and
9811 (B) state the date, time, and location of the public hearing.
9812 (c) During the hearing described in Subsection (3)(a), the legislative body shall:
9813 (i) provide the public the opportunity to ask questions and obtain further information
9814 about the recommendations; and
9815 (ii) provide any interested person an opportunity to address the legislative body with
9816 concerns about the recommendations.
9817 (d) At the conclusion of the hearing, the legislative body shall determine whether the
9818 legislative body shall adopt reforms to address the recommendations and any concerns raised
9819 during the public hearing.
9820 (4) (a) Except as provided in Subsection (4)(b), if the government operations privacy
9821 officer described in Section 67-1-17 is not conducting reviews of the privacy practices of state
9822 agencies, the state privacy officer may review the privacy practices of a state agency in
9823 accordance with the processes described in this section.
9824 (b) Subsection (3) does not apply to a state agency.
9825 (5) The state privacy officer shall:
9826 (a) quarterly report, to the Personal Privacy Oversight Commission:
9827 (i) recommendations for privacy practices for the commission to review; and
9828 (ii) the information provided in Subsection (2)(i); and
9829 (b) annually, on or before October 1, report to the Judiciary Interim Committee:
9830 (i) the results of any reviews described in Subsection (2)(g), if any reviews have been
9831 completed;
9832 (ii) reforms, to the extent that the state privacy officer is aware of any reforms, that the
9833 designated government entity made in response to any reviews described in Subsection (2)(g);
9834 (iii) the information described in Subsection (2)(i); and
9835 (iv) recommendations for legislation based on any results of a review described in
9836 Subsection (2)(g).
9837 Section 168. Section 72-3-108 is amended to read:
9838 72-3-108. County roads -- Vacation and narrowing -- Notice requirements.
9839 (1) A county may, by ordinance, vacate, narrow, or change the name of a county road
9840 without petition or after petition by a property owner.
9841 (2) A county may not vacate a county road unless notice of the hearing is:
9842 (a) published[
9843 least four weeks before the day of the hearing; and
9844 [
9845
9846 [
9847
9848 [
9849 [
9850 (3) The right-of-way and easements, if any, of a property owner and the franchise rights
9851 of any public utility may not be impaired by vacating or narrowing a county road.
9852 (4) Except as provided in Section 72-5-305, if a county vacates a county road, the
9853 state's right-of-way interest in the county road is also vacated.
9854 Section 169. Section 72-5-105 is amended to read:
9855 72-5-105. Highways, streets, or roads once established continue until abandoned
9856 -- Temporary closure -- Notice.
9857 (1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
9858 once established shall continue to be highways, streets, or roads until formally abandoned or
9859 vacated by written order, resolution, or ordinance resolution of a highway authority having
9860 jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
9861 been duly recorded in the office of the recorder of the county or counties where the highway,
9862 street, or road is located.
9863 (2) (a) For purposes of assessment, upon the recordation of an order executed by the
9864 proper authority with the county recorder's office, title to the vacated or abandoned highway,
9865 street, or road shall vest to the adjoining record owners, with one-half of the width of the
9866 highway, street, or road assessed to each of the adjoining owners.
9867 (b) Provided, however, that should a description of an owner of record extend into the
9868 vacated or abandoned highway, street, or road that portion of the vacated or abandoned
9869 highway, street, or road shall vest in the record owner, with the remainder of the highway,
9870 street, or road vested as otherwise provided in this Subsection (2).
9871 (c) Title to a highway, street, or road that a local highway authority closes to vehicular
9872 traffic under Subsection (3) or (7) remains vested in the city.
9873 (3) (a) In accordance with this section, a state or local highway authority may
9874 temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
9875 C, or D road or R.S. 2477 right-of-way.
9876 (b) (i) A temporary closure authorized under this section is not an abandonment.
9877 (ii) The erection of a barrier or sign on a highway, street, or road once established is
9878 not an abandonment.
9879 (iii) An interruption of the public's continuous use of a highway, street, or road once
9880 established is not an abandonment even if the interruption is allowed to continue unabated.
9881 (c) A temporary closure under Subsection (3)(a) may be authorized only under the
9882 following circumstances:
9883 (i) when a federal authority, or other person, provides an alternate route to an R.S.
9884 2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
9885 (A) accepted by the highway authority; and
9886 (B) formalized by a federal permit or a written agreement between the federal authority
9887 or other person and the highway authority;
9888 (ii) when a state or local highway authority determines that correction or mitigation of
9889 injury to private or public land resources is necessary on or near a class B or D road or portion
9890 of a class B or D road; or
9891 (iii) when a local highway authority makes a finding that temporary closure of all or
9892 part of a class C road is necessary to mitigate unsafe conditions.
9893 (d) (i) If a local highway authority temporarily closes all or part of a class C road under
9894 Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
9895 another public use or purpose related to the mitigation of the unsafe condition.
9896 (ii) If a local highway authority temporarily closes all or part of a class C road under
9897 Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
9898 between the local highway authority and another entity, the local highway authority may not
9899 reopen the closed portion of the road until the lease agreement terminates.
9900 (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
9901 2477 right-of-way temporarily closed under this section if the alternate route is closed for any
9902 reason.
9903 (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
9904 (i) be authorized annually; and
9905 (ii) not exceed two years or the time it takes to complete the correction or mitigation,
9906 whichever is less.
9907 (4) To authorize a closure of a road under Subsection (3) or (7), a local highway
9908 authority shall pass an ordinance to temporarily or indefinitely close the road.
9909 (5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
9910 a highway authority shall:
9911 (a) hold a hearing on the proposed temporary or indefinite closure;
9912 (b) provide notice of the hearing by mailing a notice to the Department of
9913 Transportation [
9914 (c) except for a closure under Subsection (3)(c)(iii), [
9915 the owners of the properties abutting the highway, as a class B notice under Section
9916 63G-28-102, for at least four weeks before the day of the hearing.
9917 [
9918
9919 [
9920 (6) The right-of-way and easements, if any, of a property owner and the franchise rights
9921 of any public utility may not be impaired by a temporary or indefinite closure authorized under
9922 this section.
9923 (7) (a) A local highway authority may close to vehicular travel and convert to another
9924 public use or purpose a highway, road, or street over which the local highway authority has
9925 jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
9926 that:
9927 (i) the closed highway, road, or street is not necessary for vehicular travel;
9928 (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
9929 to private or public land resources on or near the highway, road, or street; or
9930 (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
9931 conditions.
9932 (b) If a local highway authority indefinitely closes all or part of a highway, road, or
9933 street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
9934 agreement between the local highway authority and another entity, the local highway authority
9935 may not reopen the closed portion of the road until the lease agreement terminates.
9936 (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
9937 Section 170. Section 72-6-108 is amended to read:
9938 72-6-108. Class B and C roads -- Improvement projects -- Notice -- Contracts --
9939 Retainage.
9940 (1) A county executive for class B roads and the municipal executive for class C roads
9941 shall cause plans, specifications, and estimates to be made prior to the construction of any
9942 improvement project, as defined in Section 72-6-109, on a class B or C road if the estimated
9943 cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor,
9944 equipment, and materials.
9945 (2) (a) All projects in excess of the bid limit shall be performed under contract to be let
9946 to the lowest responsible bidder.
9947 (b) If the estimated cost of the improvement project exceeds the bid limit for labor,
9948 equipment, and materials, the project may not be divided to permit the construction in parts,
9949 unless each part is done by contract.
9950 (3) The advertisement on bids shall be [
9951 notice under Section 63G-28-102, for three weeks.
9952 [
9953
9954 [
9955 (4) The county or municipal executive or their designee shall receive sealed bids and
9956 open the bids at the time and place designated in the advertisement. The county or municipal
9957 executive or their designee may then award the contract but may reject any and all bids.
9958 (5) The person, firm, or corporation that is awarded a contract under this section is
9959 subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
9960 (6) If any payment on a contract with a private contractor for construction or
9961 improvement of a class B or C road is retained or withheld, the payment shall be retained or
9962 withheld and released as provided in Section 13-8-5.
9963 Section 171. Section 73-5-14 is amended to read:
9964 73-5-14. Determination by the state engineer of watershed to which particular
9965 source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
9966 (1) The state engineer may determine for administrative and distribution purposes the
9967 watershed to which any particular stream or source of water is tributary.
9968 (2) A determination under Subsection (1) may be made only after publication of notice
9969 to the water users.
9970 (3) Publication of notice under Subsection (2) shall be made:
9971 (a) [
9972 state in which any rights might be affected, [
9973 class A notice under Section 63G-28-102, for at least five weeks before the date of the hearing
9974 described in Subsection (4); and
9975 (b) in accordance with Section 45-1-101 for five weeks[
9976 [
9977 (4) The state engineer shall fix the date and place of hearing and at the hearing any
9978 water user shall be given an opportunity to appear and adduce evidence material to the
9979 determination of the question involved.
9980 (5) (a) The state engineer shall publish the result of the determination as provided in
9981 Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the
9982 public that any person aggrieved by the decision may appeal the decision as provided by
9983 Section 73-3-14.
9984 (b) The notice under Subsection (5)(a) shall be considered to have been given so as to
9985 start the time for appeal upon completion of the publication of notice.
9986 Section 172. Section 73-10-32 is amended to read:
9987 73-10-32. Definitions -- Water conservation plan required -- Notice.
9988 (1) As used in this section:
9989 (a) "Division" means the Division of Water Resources created under Section 73-10-18.
9990 (b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
9991 Part 10, Water Conservancy District Act.
9992 (c) "Water conservation plan" means a written document that contains existing and
9993 proposed water conservation measures describing what will be done by a water provider, and
9994 the end user of culinary water to help conserve water in the state in terms of per capita use of
9995 water provided through culinary water infrastructure owned or operated by the water provider
9996 so that adequate supplies of water are available for future needs.
9997 (d) "Water provider" means:
9998 (i) a retail water supplier, as defined in Section 19-4-102; or
9999 (ii) a water conservancy district.
10000 (2) (a) A water conservation plan shall contain:
10001 (i) (A) a clearly stated overall water use reduction goal that is consistent with
10002 Subsection (2)(d); and
10003 (B) an implementation plan for each water conservation measure a water provider
10004 chooses to use, including a timeline for action and an evaluation process to measure progress;
10005 (ii) a requirement that a notification procedure be implemented that includes the
10006 delivery of the water conservation plan to the media and to the governing body of each
10007 municipality and county served by the water provider;
10008 (iii) a copy of the minutes of the meeting regarding a water conservation plan and the
10009 notification procedure required in Subsection (2)(a)(ii) that shall be added as an appendix to the
10010 water conservation plan; and
10011 (iv) for a retail water supplier, as defined in Section 19-4-102, the retail water
10012 supplier's rate structure that is:
10013 (A) adopted by the retail water supplier's governing body in accordance with Section
10014 73-10-32.5; and
10015 (B) current as of the day the retail water supplier files a water conservation plan.
10016 (b) A water conservation plan may include information regarding:
10017 (i) the installation and use of water efficient fixtures and appliances, including toilets,
10018 shower fixtures, and faucets;
10019 (ii) residential and commercial landscapes and irrigation that require less water to
10020 maintain;
10021 (iii) more water efficient industrial and commercial processes involving the use of
10022 water;
10023 (iv) water reuse systems, both potable and not potable;
10024 (v) distribution system leak repair;
10025 (vi) dissemination of public information regarding more efficient use of water,
10026 including public education programs, customer water use audits, and water saving
10027 demonstrations;
10028 (vii) water rate structures designed to encourage more efficient use of water;
10029 (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
10030 use of water by means such as water efficient fixtures and landscapes;
10031 (ix) incentives to implement water efficient techniques, including rebates to water
10032 users to encourage the implementation of more water efficient measures; and
10033 (x) other measures designed to conserve water.
10034 (c) The division may be contacted for information and technical resources regarding
10035 measures listed in Subsection (2)(b).
10036 (d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
10037 Utah Administrative Rulemaking Act, regional water conservation goals that:
10038 (A) are developed by the division;
10039 (B) are reevaluated by December 31, 2030, and every 10 years after December 31,
10040 2030; and
10041 (C) define what constitutes "water being conserved" under a water conservation goal
10042 after considering factors such as depletion, diversion, use, consumption, or return flows.
10043 (ii) As part of a water conservation plan, a water provider shall adopt one of the
10044 following:
10045 (A) the regional water conservation goal applicable to the water provider;
10046 (B) a water conservation goal that would result in more water being conserved than
10047 would be conserved under the regional water conservation goal; or
10048 (C) a water conservation goal that would result in less water being conserved than
10049 would be conserved under the regional water conservation goal with a reasonable justification
10050 as to why the different water conservation goal is adopted and an explanation of the factors
10051 supporting the reasonable justification, such as demographics, geography, lot sizes, make up of
10052 water service classes, or availability of secondary water.
10053 (3) (a) A water provider shall:
10054 (i) prepare and adopt a water conservation plan; and
10055 (ii) file a copy of the water conservation plan with the division.
10056 (b) (i) Before adopting or amending a water conservation plan, a water provider shall
10057 hold a public hearing with reasonable, advance public notice in accordance with this
10058 Subsection (3)(b).
10059 (ii) The water provider shall provide public notice at least 14 days before the date of
10060 the public hearing.
10061 (iii) A water provider meets the requirements of reasonable notice required by this
10062 Subsection (3)(b) if the water provider posts notice of the public hearing [
10063
10064 [
10065
10066 (A) for the service area of the water provider, as a class A notice under Section
10067 63G-28-102, for at least 14 days; and
10068 (B) if the water provider is a private entity and has a public website, [
10069 the water provider's public website.
10070 (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
10071 evidence that notice was properly given.
10072 (v) If notice given under authority of this Subsection (3)(b) is not challenged within 30
10073 days from the date of the public hearing for which the notice was given, the notice is
10074 considered adequate and proper.
10075 (c) A water provider shall:
10076 (i) post the water provider's water conservation plan on a public website; or
10077 (ii) if the water provider does not have a public website, make the water provider's
10078 water conservation plan [
10079 (4) (a) The division shall:
10080 (i) provide guidelines and technical resources to help water providers prepare and
10081 implement water conservation plans;
10082 (ii) assist water providers by identifying water conservation methods upon request; and
10083 (iii) provide an online submission form that allows for an electronic copy of the water
10084 conservation plan to be filed with the division under Subsection (3)(a)(ii).
10085 (b) The division shall post an annual report at the end of a calendar year listing water
10086 providers in compliance with this section.
10087 (5) A water provider may only receive state funds for water development if the water
10088 provider complies with the requirements of this section.
10089 (6) A water provider specified under Subsection (3)(a) shall:
10090 (a) update the water provider's water conservation plan no less frequently than every
10091 five years; and
10092 (b) follow the procedures required under Subsection (3) when updating the water
10093 conservation plan.
10094 (7) It is the intent of the Legislature that the water conservation plans, amendments to
10095 existing water conservation plans, and the studies and report by the division be handled within
10096 the existing budgets of the respective entities or agencies.
10097 Section 173. Section 75-1-401 is amended to read:
10098 75-1-401. Notice -- Method and time of giving.
10099 (1) If notice of a hearing on any petition is required and except for specific notice
10100 requirements as otherwise provided, the petitioner shall cause notice of the time and place of
10101 hearing of any petition to be given to any interested person or the person's attorney if the person
10102 has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall
10103 be given by the clerk posting a copy of the notice for the 10 consecutive days immediately
10104 preceding the time set for the hearing in at least three public places in the county, one of which
10105 must be at the courthouse of the county and:
10106 (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
10107 hearing by certified, registered, or ordinary first class mail addressed to the person being
10108 notified at the post-office address given in the demand for notice, if any, or at the person's
10109 office or place of residence, if known; or
10110 (ii) by delivering a copy thereof to the person being notified personally at least 10 days
10111 before the time set for the hearing; and
10112 (b) if the address, or identity of any person is not known and cannot be ascertained with
10113 reasonable diligence, by publishing[
10114 A notice under Section 63G-28-102, for at least 10 days before the day of the hearing.
10115 [
10116
10117
10118 [
10119
10120 (2) The court for good cause shown may provide for a different method or time of
10121 giving notice for any hearing.
10122 (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
10123 proceeding.
10124 Section 174. Section 76-8-809 is amended to read:
10125 76-8-809. Closing or restricting use of highways abutting defense or war facilities
10126 -- Posting of notices.
10127 Any individual, partnership, association, corporation, municipal corporation or state or
10128 any political subdivision thereof engaged in or preparing to engage in the manufacture,
10129 transportation or storage of any product to be used in the preparation of the United States or
10130 any of the states for defense or for war or in the prosecution of war by the United States, or in
10131 the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
10132 any of said natural or artificial persons operating any public utility who has property so used
10133 which he or it believes will be endangered if public use and travel is not restricted or prohibited
10134 on one or more highways or parts thereof upon which the property abuts, may petition the
10135 highway commissioners of any city, town, or county to close one or more of the highways or
10136 parts thereof to public use and travel or to restrict by order the use and travel upon one or more
10137 of the highways or parts thereof.
10138 Upon receipt of the petition, the highway commissioners shall set a day for hearing and
10139 give notice of the hearing [
10140
10141 county, for at least seven days [
10142 hearing, the highway commissioners determine that the public safety and the safety of the
10143 property of the petitioner so require, they shall by suitable order close to public use and travel
10144 or reasonably restrict the use of and travel upon one or more of the highways or parts thereof;
10145 provided the highway commissioners may issue written permits to travel over the highway so
10146 closed or restricted to responsible and reputable persons for a term, under conditions and in a
10147 form as the commissioners may prescribe. Appropriate notices in letters at least three inches
10148 high shall be posted conspicuously at each end of any highway so closed or restricted by an
10149 order. The highway commissioners may at any time revoke or modify any order so made.
10150 Section 175. Section 78A-7-202 is amended to read:
10151 78A-7-202. Justice court judges to be appointed -- Procedure.
10152 (1) As used in this section:
10153 (a) "Local government executive" means:
10154 (i) for a county:
10155 (A) the chair of the county commission in a county operating under the county
10156 commission or expanded county commission form of county government;
10157 (B) the county executive in a county operating under the county executive-council form
10158 of county government; and
10159 (C) the county manager in a county operating under the council-manager form of
10160 county government;
10161 (ii) for a city or town:
10162 (A) the mayor of the city or town; or
10163 (B) the city manager, in the council-manager form of government described in
10164 Subsection 10-3b-103(7); and
10165 (iii) for a metro township, the chair of the metro township council.
10166 (b) "Local legislative body" means:
10167 (i) for a county, the county commission or county council; and
10168 (ii) for a city or town, the council of the city or town.
10169 (2) (a) There is created in each county a county justice court nominating commission to
10170 review applicants and make recommendations to the appointing authority for a justice court
10171 position.
10172 (b) The commission shall be convened when a new justice court judge position is
10173 created or when a vacancy in an existing court occurs for a justice court located within the
10174 county.
10175 (c) Membership of the justice court nominating commission shall be as follows:
10176 (i) one member appointed by:
10177 (A) the county commission if the county has a county commission form of
10178 government; or
10179 (B) the county executive if the county has an executive-council form of government;
10180 (ii) one member appointed by the municipalities in the counties as follows:
10181 (A) if the county has only one municipality, appointment shall be made by the
10182 governing authority of that municipality; or
10183 (B) if the county has more than one municipality, appointment shall be made by a
10184 municipal selection committee composed of the mayors of each municipality and the chairs of
10185 each metro township in the county;
10186 (iii) one member appointed by the county bar association; and
10187 (iv) two members appointed by the governing authority of the jurisdiction where the
10188 judicial office is located.
10189 (d) (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall
10190 be appointed by the regional bar association.
10191 (ii) If no regional bar association exists, the state bar association shall make the
10192 appointment.
10193 (e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing
10194 authority or an elected official of a county or municipality.
10195 (f) (i) Except as provided in Subsection (2)(d)(ii), the nominating commission shall
10196 submit at least three names to the appointing authority of the jurisdiction expected to be served
10197 by the judge.
10198 (ii) If there are fewer than three applicants for a justice court vacancy, the nominating
10199 commission shall submit all qualified applicants to the appointing authority of the jurisdiction
10200 expected to be served by the judge.
10201 (iii) The local government executive shall appoint a judge from the list submitted and
10202 the appointment ratified by the local legislative body.
10203 (g) (i) The state court administrator shall provide staff to the commission.
10204 (ii) The Judicial Council shall establish rules and procedures for the conduct of the
10205 commission.
10206 (3) (a) A judicial vacancy for a justice court shall be announced:
10207 (i) as an employment opportunity on the Utah Courts' website;
10208 (ii) in an email to the members of the Utah State Bar; and
10209 [
10210 (iii) for the justice court's jurisdiction, as a class A notice under Section 63G-28-102,
10211 for at least 30 days.
10212 (b) A judicial vacancy for a justice court may also be advertised through other
10213 appropriate means.
10214 (4) Selection of candidates shall be based on compliance with the requirements for
10215 office and competence to serve as a judge.
10216 (5) (a) Once selected, every prospective justice court judge shall attend an orientation
10217 seminar conducted under the direction of the Judicial Council.
10218 (b) Upon completion of the orientation seminar described in Subsection (5)(a), the
10219 Judicial Council shall certify the justice court judge as qualified to hold office.
10220 (6) (a) The selection of a person to fill the office of justice court judge is effective upon
10221 certification of the judge by the Judicial Council.
10222 (b) A justice court judge may not perform judicial duties until certified by the Judicial
10223 Council.