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7 LONG TITLE
8 Committee Note:
9 The Political Subdivisions Interim Committee recommended this bill.
10 Legislative Vote: 10 voting for 0 voting against 6 absent
11 General Description:
12 This bill modifies and enacts provisions relating to metro townships.
13 Highlighted Provisions:
14 This bill:
15 ▸ converts metro townships into municipalities;
16 ▸ provides for the classification and governance of the converted municipalities;
17 ▸ enacts language governing the transition from a metro township to a municipality;
18 and
19 ▸ makes conforming changes and repeals obsolete language due to the elimination of
20 metro townships.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 10-1-104, as last amended by Laws of Utah 2015, Chapter 352
28 10-1-303, as last amended by Laws of Utah 2021, Chapter 210
29 10-1-402, as last amended by Laws of Utah 2021, Chapter 210
30 10-2-302, as last amended by Laws of Utah 2015, Chapter 352
31 10-2-405, as last amended by Laws of Utah 2023, Chapter 478
32 10-2-425 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
33 327
34 10-2-425 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
35 310 and 327
36 10-3-205, as last amended by Laws of Utah 2017, Chapter 158
37 10-3-205.5, as last amended by Laws of Utah 2016, Chapter 14
38 10-3-1302, as last amended by Laws of Utah 2015, Chapter 352
39 10-3b-102, as last amended by Laws of Utah 2015, Chapter 352
40 10-3b-103, as last amended by Laws of Utah 2015, Chapter 352
41 10-3b-601, as enacted by Laws of Utah 2015, Chapter 352
42 10-5-102, as last amended by Laws of Utah 2015, Chapter 352
43 10-5-108, as last amended by Laws of Utah 2023, Chapter 435
44 10-6-103, as last amended by Laws of Utah 2015, Chapter 352
45 10-6-113, as last amended by Laws of Utah 2023, Chapter 435
46 10-6-137, as enacted by Laws of Utah 1979, Chapter 26
47 10-6-152, as last amended by Laws of Utah 2023, Chapter 435
48 10-9a-302, as last amended by Laws of Utah 2021, Chapter 385
49 10-9a-408, as last amended by Laws of Utah 2023, Chapters 88, 501 and 529 and last
50 amended by Coordination Clause, Laws of Utah 2023, Chapter 88
51 11-3-8, as last amended by Laws of Utah 2018, Chapter 189
52 11-13a-102, as last amended by Laws of Utah 2023, Chapter 16
53 11-14-102, as last amended by Laws of Utah 2023, Chapter 16
54 11-14-301, as last amended by Laws of Utah 2022, Chapter 325
55 11-17-2, as last amended by Laws of Utah 2020, Chapter 354
56 11-26-401, as enacted by Laws of Utah 2023, Chapter 361
57 11-39-101, as last amended by Laws of Utah 2023, Chapter 16
58 11-41-102, as last amended by Laws of Utah 2023, Chapters 16, 34
59 11-42a-102, as last amended by Laws of Utah 2023, Chapter 16
60 11-42b-101, as enacted by Laws of Utah 2022, Chapter 376
61 11-46a-101, as enacted by Laws of Utah 2023, Chapter 245
62 11-48-101.5, as last amended by Laws of Utah 2023, Chapters 16, 327
63 11-54-102, as last amended by Laws of Utah 2023, Chapter 16
64 11-56-102, as last amended by Laws of Utah 2023, Chapter 450
65 11-58-102, as last amended by Laws of Utah 2023, Chapters 16, 259
66 11-58-205, as last amended by Laws of Utah 2023, Chapters 16, 259
67 11-59-102, as last amended by Laws of Utah 2023, Chapters 16, 263
68 11-61-102, as last amended by Laws of Utah 2023, Chapter 16
69 11-63-102, as enacted by Laws of Utah 2019, Chapter 50
70 11-65-101, as last amended by Laws of Utah 2023, Chapter 16
71 11-66-101, as enacted by Laws of Utah 2022, Chapter 306
72 15A-5-202.5, as last amended by Laws of Utah 2023, Chapter 95
73 17-2-209, as last amended by Laws of Utah 2023, Chapter 15
74 17-23-17, as last amended by Laws of Utah 2023, Chapter 15
75 17-23-17.5, as last amended by Laws of Utah 2015, Chapter 352
76 17-36-29, as last amended by Laws of Utah 2017, Chapter 453
77 17B-1-102, as last amended by Laws of Utah 2023, Chapter 15
78 17B-1-502, as last amended by Laws of Utah 2023, Chapter 15
79 17B-2a-1102, as last amended by Laws of Utah 2023, Chapter 15
80 17B-2a-1104, as last amended by Laws of Utah 2023, Chapter 15
81 17B-2a-1106, as last amended by Laws of Utah 2023, Chapter 15
82 17B-2a-1110, as last amended by Laws of Utah 2023, Chapter 435
83 17B-2a-1111, as last amended by Laws of Utah 2016, Chapter 176
84 17C-1-102, as last amended by Laws of Utah 2023, Chapter 15
85 18-1-1, as last amended by Laws of Utah 2021, Chapters 201, 257
86 19-5-108.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
87 20A-1-102, as last amended by Laws of Utah 2023, Chapters 15, 234 and 297
88 20A-1-201.5, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
89 20A-1-203, as last amended by Laws of Utah 2020, Chapter 47
90 20A-1-306, as last amended by Laws of Utah 2022, Chapter 325
91 20A-1-510, as last amended by Laws of Utah 2023, Chapter 46
92 20A-5-301, as last amended by Laws of Utah 2016, Chapter 176
93 20A-6-401, as last amended by Laws of Utah 2023, Chapter 45
94 20A-6-402, as last amended by Laws of Utah 2020, Chapter 31
95 20A-7-101, as last amended by Laws of Utah 2023, Chapters 107, 116
96 20A-7-401.3, as enacted by Laws of Utah 2019, Chapter 203
97 20A-7-501, as last amended by Laws of Utah 2023, Chapter 107
98 20A-7-502.7, as last amended by Laws of Utah 2023, Chapter 107
99 20A-7-504, as last amended by Laws of Utah 2023, Chapter 107
100 20A-7-601, as last amended by Laws of Utah 2023, Chapters 107, 219
101 20A-7-602.7, as last amended by Laws of Utah 2023, Chapter 107
102 20A-7-602.8, as last amended by Laws of Utah 2023, Chapters 107, 504
103 20A-7-604, as last amended by Laws of Utah 2023, Chapter 107
104 20A-11-101, as last amended by Laws of Utah 2023, Chapter 15
105 26B-2-101, as last amended by Laws of Utah 2023, Chapter 305
106 32B-1-102, as last amended by Laws of Utah 2023, Chapters 328, 371 and 400
107 32B-1-702, as renumbered and amended by Laws of Utah 2019, Chapter 403
108 32B-1-704, as last amended by Laws of Utah 2022, Chapter 447
109 32B-2-402, as last amended by Laws of Utah 2022, Chapter 255
110 32B-4-202, as last amended by Laws of Utah 2023, Chapter 371
111 35A-8-805, as enacted by Laws of Utah 2018, Chapter 251
112 35A-16-401, as last amended by Laws of Utah 2023, Chapter 302
113 35A-16-501, as last amended by Laws of Utah 2023, Chapter 302
114 35A-16-701, as enacted by Laws of Utah 2023, Chapter 302
115 36-11-102, as last amended by Laws of Utah 2023, Chapter 16
116 41-1a-1222, as last amended by Laws of Utah 2023, Chapter 33
117 41-6a-1115.1, as enacted by Laws of Utah 2019, Chapter 428
118 52-1-1, as last amended by Laws of Utah 2016, Chapter 176
119 52-4-203, as last amended by Laws of Utah 2023, Chapter 16
120 53-2a-208, as last amended by Laws of Utah 2023, Chapter 34
121 53-2a-802, as last amended by Laws of Utah 2022, Chapter 447
122 53-2a-1403, as enacted by Laws of Utah 2021, Chapter 106
123 53-2d-101 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
124 327 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last
125 amended by Coordination Clause, Laws of Utah 2023, Chapter 327
126 53-5a-202, as enacted by Laws of Utah 2023, Chapter 395
127 53-7-225, as last amended by Laws of Utah 2023, Chapter 341
128 53B-21-107, as last amended by Laws of Utah 2015, Chapter 352
129 56-1-39 (Effective 03/31/24), as enacted by Laws of Utah 2023, Chapter 41 and last
130 amended by Coordination Clause, Laws of Utah 2023, Chapter 41
131 59-1-403, as last amended by Laws of Utah 2023, Chapters 21, 52, 86, 259, and 329
132 59-12-203, as last amended by Laws of Utah 2017, Chapter 13
133 59-12-2220, as last amended by Laws of Utah 2023, Chapter 529
134 63A-5b-901, as last amended by Laws of Utah 2023, Chapter 16
135 63G-6a-103, as last amended by Laws of Utah 2023, Chapter 16
136 63G-26-102, as last amended by Laws of Utah 2023, Chapter 16
137 63G-29-101, as enacted by Laws of Utah 2023, Chapter 76
138 63J-4-801, as last amended by Laws of Utah 2023, Chapter 16
139 63N-2-103, as last amended by Laws of Utah 2022, Chapter 200
140 63N-4-801, as last amended by Laws of Utah 2023, Chapter 499
141 65A-1-1, as last amended by Laws of Utah 2016, Chapter 174
142 65A-8-212, as last amended by Laws of Utah 2018, Chapter 189
143 67-1a-2, as last amended by Laws of Utah 2023, Chapter 297
144 68-3-12.5, as last amended by Laws of Utah 2021, Chapter 93
145 72-2-108, as last amended by Laws of Utah 2020, Chapter 377
146 72-2-121, as last amended by Laws of Utah 2023, Chapter 529
147 73-10-34, as last amended by Laws of Utah 2023, Chapter 260
148 78A-7-202, as last amended by Laws of Utah 2023, Chapters 139, 435
149 78B-6-2301, as last amended by Laws of Utah 2023, Chapter 16
150 ENACTS:
151 10-1-201.5, Utah Code Annotated 1953
152 REPEALS:
153 10-2-301.5, as enacted by Laws of Utah 2015, Chapter 352
154 10-2a-401, as enacted by Laws of Utah 2015, Chapter 352
155 10-2a-402, as last amended by Laws of Utah 2019, Chapter 165
156 10-2a-403, as enacted by Laws of Utah 2015, Chapter 352 and further amended by
157 Revisor Instructions, Laws of Utah 2015, Chapter 352
158 10-2a-404, as last amended by Laws of Utah 2023, Chapters 16, 435
159 10-2a-405, as last amended by Laws of Utah 2023, Chapter 435
160 10-2a-406, as enacted by Laws of Utah 2015, Chapter 352
161 10-2a-407, as enacted by Laws of Utah 2015, Chapter 352
162 10-2a-408, as enacted by Laws of Utah 2015, Chapter 352
163 10-2a-409, as enacted by Laws of Utah 2015, Chapter 352
164 10-2a-410, as last amended by Laws of Utah 2023, Chapter 435
165 10-2a-411, as last amended by Laws of Utah 2016, Chapter 14
166 10-2a-412, as enacted by Laws of Utah 2015, Chapter 352
167 10-2a-413, as last amended by Laws of Utah 2019, Chapter 165
168 10-2a-414, as enacted by Laws of Utah 2016, Chapter 176
169 10-3b-501, as last amended by Laws of Utah 2018, Chapter 174
170 10-3b-502, as last amended by Laws of Utah 2018, Chapter 174
171 10-3b-503, as last amended by Laws of Utah 2019, Chapter 24
172 10-3b-504, as last amended by Laws of Utah 2018, Chapter 174
173 10-3c-101, as enacted by Laws of Utah 2015, Chapter 352
174 10-3c-102, as last amended by Laws of Utah 2023, Chapter 16
175 10-3c-103, as last amended by Laws of Utah 2016, Chapter 176
176 10-3c-201, as enacted by Laws of Utah 2015, Chapter 352
177 10-3c-202, as last amended by Laws of Utah 2017, Chapter 13
178 10-3c-203, as last amended by Laws of Utah 2022, Chapter 288
179 10-3c-204, as last amended by Laws of Utah 2023, Chapter 435
180 10-3c-205, as enacted by Laws of Utah 2015, Chapter 352
181 52-1-5.1, as enacted by Laws of Utah 2016, Chapter 176
182
183 Be it enacted by the Legislature of the state of Utah:
184 Section 1. Section 10-1-104 is amended to read:
185 10-1-104. Definitions.
186 As used in this title:
187 (1) "City" means a municipality that is classified by population as a city of the first
188 class, a city of the second class, a city of the third class, a city of the fourth class, or a city of
189 the fifth class, under Section 10-2-301.
190 (2) "Contiguous" means:
191 (a) if used to described an area, continuous, uninterrupted, and without an island of
192 territory not included as part of the area; and
193 (b) if used to describe an area's relationship to another area, sharing a common
194 boundary.
195 (3) "Governing body" means collectively the legislative body and the executive of any
196 municipality. Unless otherwise provided:
197 (a) in a city of the first or second class, the governing body is the city commission;
198 (b) in a city of the third, fourth, or fifth class, the governing body is the city council;
199 and
200 (c) in a town, the governing body is the town council[
201 [
202 (4) "Municipal" means of or relating to a municipality.
203 (5) "Municipality" means:
204 (a) a city of the first class, city of the second class, city of the third class, city of the
205 fourth class, city of the fifth class; or
206 (b) a town, as classified in Section 10-2-301[
207 [
208
209
210 (6) "Peninsula," when used to describe an unincorporated area, means an area
211 surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated
212 territory and situated so that the length of a line drawn across the unincorporated area from an
213 incorporated area to an incorporated area on the opposite side shall be less than 25% of the
214 total aggregate boundaries of the unincorporated area.
215 (7) "Person" means an individual, corporation, partnership, organization, association,
216 trust, governmental agency, or any other legal entity.
217 (8) "Provisions of law" shall include other statutes of the state of Utah and ordinances,
218 rules, and regulations properly adopted by any municipality unless the construction is clearly
219 contrary to the intent of state law.
220 (9) "Recorder," unless clearly inapplicable, includes and applies to a town clerk.
221 (10) "Town" means a municipality classified by population as a town under Section
222 10-2-301.
223 (11) "Unincorporated" means not within a municipality.
224 Section 2. Section 10-1-201.5 is enacted to read:
225 10-1-201.5. Metro townships converted to municipalities -- Classification -- Form
226 of government -- Continuity of operations.
227 (1) As used in this section:
228 (a) "Converted municipality" means a municipality that is converted from an
229 incorporated township into a municipality under Subsection (2).
230 (b) "Incorporated township" means a metro township incorporated under Laws of Utah
231 2015, Chapter 352, Sections 50 through 62.
232 (2) As of May 1, 2024, an incorporated township is automatically converted into a
233 municipality.
234 (3) The classification of a converted municipality is governed by Section 10-2-301,
235 based on the converted municipality's population on May 1, 2024.
236 (4) (a) The powers of municipal government of a converted municipality are vested in
237 a five-member council, as provided in Chapter 3b, Part 4, Five-Member Council Form of
238 Municipal Government.
239 (b) Subsection (4)(a) does not limit a converted municipality's ability to change the
240 converted municipality's form of government, as provided in Chapter 3b, Part 6, Changing to
241 Another Form of Municipal Government.
242 (5) (a) The members of a converted municipality's council on May 1, 2024 consist of
243 the individuals serving as council members for the incorporated township immediately before
244 the incorporated township was converted into a municipality under Subsection (2), with the
245 mayor of the incorporated township becoming the mayor of the converted municipality.
246 (b) (i) Subject to Subsection (5)(b)(ii), the term of office of a member of the converted
247 municipality's council on May 1, 2024 is the same as the term of office that would have applied
248 to the council member if the incorporated township had not converted to a municipality under
249 Subsection (2).
250 (ii) (A) The office of mayor of a converted municipality is subject to election beginning
251 the first municipal election after the incorporated township converts to a municipality under
252 Subsection (2).
253 (B) The term of office of the mayor of a converted municipality continues from May 1,
254 2024 until a successor to the office of mayor is elected and qualified.
255 (6) (a) Upon an incorporated township's conversion to a municipality under Subsection
256 (2):
257 (i) each ordinance, resolution, or policy of the incorporated township becomes the
258 ordinance, resolution, or policy of the converted municipality;
259 (ii) the converted municipality may continue to:
260 (A) operate and function as the incorporated township had been operating and
261 functioning before the conversion; and
262 (B) provide services the incorporated township had been providing before the
263 conversion;
264 (iii) a converted municipality may, after the conversion, continue to impose and collect
265 a tax, fee, fine, or other charge that the incorporated township was authorized to impose and
266 collect before the conversion;
267 (iv) a proceeding pending before the incorporated township at the time of conversion
268 continues without change before the converted municipality;
269 (v) a right or privilege of the incorporated township becomes the right or privilege of
270 the converted municipality; and
271 (vi) a contractual or other obligation of the incorporated township, including a
272 contractual or other obligation with another governmental entity, becomes the contractual or
273 other obligation of the converted municipality.
274 (b) An ordinance that under Subsection (6)(a)(i) becomes an ordinance of the
275 converted municipality includes a county ordinance that became an ordinance of the
276 incorporated township under Laws of Utah 2016, Chapter 176, Section 2 and has not been
277 repealed, subject to any amendment of that ordinance that the incorporated township enacted
278 before the incorporated township's conversion to a municipality under Subsection (2).
279 (7) A converted municipality succeeds to the position of the incorporated township
280 with respect to the incorporated township's participation or inclusion in a special district or
281 special service district, including a municipal services district.
282 Section 3. Section 10-1-303 is amended to read:
283 10-1-303. Definitions.
284 As used in this part:
285 (1) "Commission" means the State Tax Commission.
286 (2) "Contractual franchise fee" means:
287 (a) a fee:
288 (i) provided for in a franchise agreement; and
289 (ii) that is consideration for the franchise agreement; or
290 (b) (i) a fee similar to Subsection (2)(a); or
291 (ii) any combination of Subsections (2)(a) and (b).
292 (3) (a) "Delivered value" means the fair market value of the taxable energy delivered
293 for sale or use in the municipality and includes:
294 (i) the value of the energy itself; and
295 (ii) any transportation, freight, customer demand charges, services charges, or other
296 costs typically incurred in providing taxable energy in usable form to each class of customer in
297 the municipality.
298 (b) "Delivered value" does not include the amount of a tax paid under:
299 (i) Title 59, Chapter 12, Sales and Use Tax Act; or
300 (ii) this part.
301 (4) "De minimis amount" means an amount of taxable energy that does not exceed the
302 greater of:
303 (a) 5% of the energy supplier's estimated total Utah gross receipts from sales of
304 property or services; or
305 (b) $10,000.
306 (5) "Energy supplier" means a person supplying taxable energy, except that the
307 commission may by rule exclude from this definition a person supplying a de minimis amount
308 of taxable energy.
309 (6) "Franchise agreement" means a franchise or an ordinance, contract, or agreement
310 granting a franchise.
311 (7) "Franchise tax" means:
312 (a) a franchise tax;
313 (b) a tax similar to a franchise tax; or
314 (c) any combination of Subsections (7)(a) and (b).
315 (8) "Municipality" means a city[
316 (9) "Person" is as defined in Section 59-12-102.
317 (10) "Taxable energy" means gas and electricity.
318 Section 4. Section 10-1-402 is amended to read:
319 10-1-402. Definitions.
320 As used in this part:
321 (1) "Commission" means the State Tax Commission.
322 (2) (a) Subject to Subsections (2)(b) and (c), "customer" means the person who is
323 obligated under a contract with a telecommunications provider to pay for telecommunications
324 service received under the contract.
325 (b) For purposes of this section and Section 10-1-407, "customer" means:
326 (i) the person who is obligated under a contract with a telecommunications provider to
327 pay for telecommunications service received under the contract; or
328 (ii) if the end user is not the person described in Subsection (2)(b)(i), the end user of
329 telecommunications service.
330 (c) "Customer" does not include a reseller:
331 (i) of telecommunications service; or
332 (ii) for mobile telecommunications service, of a serving carrier under an agreement to
333 serve the customer outside the telecommunications provider's licensed service area.
334 (3) (a) "End user" means the person who uses a telecommunications service.
335 (b) For purposes of telecommunications service provided to a person who is not an
336 individual, "end user" means the individual who uses the telecommunications service on behalf
337 of the person who is provided the telecommunications service.
338 (4) (a) "Gross receipts from telecommunications service" means the revenue that a
339 telecommunications provider receives for telecommunications service rendered except for
340 amounts collected or paid as:
341 (i) a tax, fee, or charge:
342 (A) imposed by a governmental entity;
343 (B) separately identified as a tax, fee, or charge in the transaction with the customer for
344 the telecommunications service; and
345 (C) imposed only on a telecommunications provider;
346 (ii) sales and use taxes collected by the telecommunications provider from a customer
347 under Title 59, Chapter 12, Sales and Use Tax Act; or
348 (iii) interest, a fee, or a charge that is charged by a telecommunications provider on a
349 customer for failure to pay for telecommunications service when payment is due.
350 (b) "Gross receipts from telecommunications service" includes a charge necessary to
351 complete a sale of a telecommunications service.
352 (5) "Mobile telecommunications service" is as defined in the Mobile
353 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
354 (6) "Municipality" means a city[
355 (7) "Place of primary use":
356 (a) for telecommunications service other than mobile telecommunications service,
357 means the street address representative of where the customer's use of the telecommunications
358 service primarily occurs, which shall be:
359 (i) the residential street address of the customer; or
360 (ii) the primary business street address of the customer; or
361 (b) for mobile telecommunications service, is as defined in the Mobile
362 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
363 (8) Notwithstanding where a call is billed or paid, "service address" means:
364 (a) if the location described in this Subsection (8)(a) is known, the location of the
365 telecommunications equipment:
366 (i) to which a call is charged; and
367 (ii) from which the call originates or terminates;
368 (b) if the location described in Subsection (8)(a) is not known but the location
369 described in this Subsection (8)(b) is known, the location of the origination point of the signal
370 of the telecommunications service first identified by:
371 (i) the telecommunications system of the telecommunications provider; or
372 (ii) if the system used to transport the signal is not a system of the telecommunications
373 provider, information received by the telecommunications provider from its service provider;
374 or
375 (c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a
376 customer's place of primary use.
377 (9) (a) Subject to Subsections (9)(b) and (9)(c), "telecommunications provider" means
378 a person that:
379 (i) owns, controls, operates, or manages a telecommunications service; or
380 (ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or
381 resale to any person of the telecommunications service.
382 (b) A person described in Subsection (9)(a) is a telecommunications provider whether
383 or not the Public Service Commission of Utah regulates:
384 (i) that person; or
385 (ii) the telecommunications service that the person owns, controls, operates, or
386 manages.
387 (c) "Telecommunications provider" does not include an aggregator as defined in
388 Section 54-8b-2.
389 (10) "Telecommunications service" means:
390 (a) telecommunications service, as defined in Section 59-12-102, other than mobile
391 telecommunications service, that originates and terminates within the boundaries of this state;
392 (b) mobile telecommunications service, as defined in Section 59-12-102:
393 (i) that originates and terminates within the boundaries of one state; and
394 (ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4
395 U.S.C. Sec. 116 et seq.; or
396 (c) an ancillary service as defined in Section 59-12-102.
397 (11) (a) Except as provided in Subsection (11)(b), "telecommunications tax or fee"
398 means any of the following imposed by a municipality on a telecommunications provider:
399 (i) a tax;
400 (ii) a license;
401 (iii) a fee;
402 (iv) a license fee;
403 (v) a license tax;
404 (vi) a franchise fee; or
405 (vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i)
406 through (vi).
407 (b) "Telecommunications tax or fee" does not include:
408 (i) the municipal telecommunication's license tax authorized by this part; or
409 (ii) a tax, fee, or charge, including a tax imposed under Title 59, Revenue and
410 Taxation, that is imposed:
411 (A) on telecommunications providers; and
412 (B) on persons who are not telecommunications providers.
413 Section 5. Section 10-2-302 is amended to read:
414 10-2-302. Change of class of municipality.
415 (1) Each municipality shall retain its classification under Section 10-2-301 until
416 changed as provided in this section or Subsection 67-1a-2(3).
417 (2) [
418 Subsection 67-1a-2(3), indicates that the municipality's population has decreased below the
419 limit for its current class, the legislative body of the municipality may petition the lieutenant
420 governor to prepare a certificate indicating the class in which the municipality belongs based
421 on the decreased population figure.
422 [
423
424 (3) A municipality's change in class is effective on the date of the lieutenant governor's
425 certificate under Subsection 67-1a-2(3).
426 Section 6. Section 10-2-405 is amended to read:
427 10-2-405. Acceptance or denial of an annexation petition -- Petition certification
428 process -- Modified petition.
429 (1) (a) (i) A municipal legislative body may:
430 (A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-403; or
431 (B) accept the petition for further consideration under this part.
432 (ii) A petition shall be considered to have been accepted for further consideration under
433 this part if a municipal legislative body fails to act to deny or accept the petition under
434 Subsection (1)(a)(i):
435 (A) in the case of a city of the first or second class, within 14 days after the filing of the
436 petition; or
437 (B) in the case of a city of the third, fourth, or fifth class[
438
439 least 14 days after the date the petition was filed.
440 (b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
441 within five days after the denial, mail written notice of the denial to:
442 (i) the contact sponsor; and
443 (ii) the clerk of the county in which the area proposed for annexation is located.
444 (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) or is
445 considered to have accepted the petition under Subsection (1)(a)(ii), the city recorder or town
446 clerk, as the case may be, shall, within 30 days after that acceptance:
447 (a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the
448 area proposed for annexation is located the records the city recorder or town clerk needs to
449 determine whether the petition meets the requirements of Subsections 10-2-403(3) and (4);
450 (b) with the assistance of the municipal attorney, determine whether the petition meets
451 the requirements of Subsections 10-2-403(3) and (4); and
452 (c) (i) if the city recorder or town clerk determines that the petition meets those
453 requirements, certify the petition and mail or deliver written notification of the certification to
454 the municipal legislative body, the contact sponsor, and the county legislative body; or
455 (ii) if the city recorder or town clerk determines that the petition fails to meet any of
456 those requirements, reject the petition and mail or deliver written notification of the rejection
457 and the reasons for the rejection to the municipal legislative body, the contact sponsor, and the
458 county legislative body.
459 (3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(c)(ii),
460 the petition may be modified to correct the deficiencies for which it was rejected and then
461 refiled with the city recorder or town clerk, as the case may be.
462 (ii) A signature on an annexation petition filed under Section 10-2-403 may be used
463 toward fulfilling the signature requirement of Subsection 10-2-403(2)(b) for the petition as
464 modified under Subsection (3)(a)(i).
465 (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
466 recorder or town clerk under Subsection (2)(c)(ii), the refiled petition shall be treated as a
467 newly filed petition under Subsection 10-2-403(1).
468 (4) Any vote by a municipal legislative body to deny a petition under this part may be
469 recalled and set for reconsideration by a majority of the voting members of the municipal
470 legislative body.
471 (5) Each county assessor, clerk, surveyor, and recorder shall provide copies of records
472 that a city recorder or town clerk requests under Subsection (2)(a).
473 Section 7. Section 10-2-425 (Superseded 07/01/24) is amended to read:
474 10-2-425 (Superseded 07/01/24). Filing of notice and plat -- Recording and notice
475 requirements -- Effective date of annexation or boundary adjustment.
476 (1) The legislative body of each municipality that enacts an ordinance under this part
477 approving the annexation of an unincorporated area or the adjustment of a boundary[
478
479
480
481 (a) within 60 days after enacting the ordinance or the day of the election or, in the case
482 of a boundary adjustment, within 60 days after each of the municipalities involved in the
483 boundary adjustment has enacted an ordinance, file with the lieutenant governor:
484 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
485 meets the requirements of Subsection 67-1a-6.5(3); and
486 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5;
487 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
488 adjustment, as the case may be, under Section 67-1a-6.5:
489 (i) if the annexed area or area subject to the boundary adjustment is located within the
490 boundary of a single county, submit to the recorder of that county the original notice of an
491 impending boundary action, the original certificate of annexation or boundary adjustment, the
492 original approved final local entity plat, and a certified copy of the ordinance approving the
493 annexation or boundary adjustment; or
494 (ii) if the annexed area or area subject to the boundary adjustment is located within the
495 boundaries of more than a single county:
496 (A) submit to the recorder of one of those counties the original notice of impending
497 boundary action, the original certificate of annexation or boundary adjustment, and the original
498 approved final local entity plat;
499 (B) submit to the recorder of each other county a certified copy of the documents listed
500 in Subsection (1)(b)(ii)(A); and
501 (C) submit a certified copy of the ordinance approving the annexation or boundary
502 adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
503 (c) concurrently with Subsection (1)(b):
504 (i) send notice of the annexation or boundary adjustment to each affected entity; and
505 (ii) in accordance with Section 26B-4-168, file with the Department of Health and
506 Human Services:
507 (A) a certified copy of the ordinance approving the annexation of an unincorporated
508 area or the adjustment of a boundary; and
509 (B) a copy of the approved final local entity plat.
510 (2) If an annexation or boundary adjustment under this part [
511
512
513 Section 17B-1-416 or an automatic withdrawal from a special district under Subsection
514 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant
515 governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5,
516 send notice of the annexation or boundary adjustment to the special district to which the
517 annexed area is automatically annexed or from which the annexed area is automatically
518 withdrawn.
519 (3) Each notice required under Subsection (1) relating to an annexation or boundary
520 adjustment shall state the effective date of the annexation or boundary adjustment, as
521 determined under Subsection (4).
522 (4) An annexation or boundary adjustment under this part is completed and takes
523 effect:
524 (a) for the annexation of or boundary adjustment affecting an area located in a county
525 of the first class, except for an annexation under Section 10-2-418:
526 (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
527 certificate of annexation or boundary adjustment if:
528 (A) the certificate is issued during the preceding November 1 through April 30; and
529 (B) the requirements of Subsection (1) are met before that July 1; or
530 (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
531 certificate of annexation or boundary adjustment if:
532 (A) the certificate is issued during the preceding May 1 through October 31; and
533 (B) the requirements of Subsection (1) are met before that January 1; and
534 (b) subject to Subsection (5), for all other annexations and boundary adjustments, the
535 date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of
536 annexation or boundary adjustment.
537 [
538
539 [
540
541 [
542
543 [
544 (i) "Affected area" means:
545 (A) in the case of an annexation, the annexed area; and
546 (B) in the case of a boundary adjustment, any area that, as a result of the boundary
547 adjustment, is moved from within the boundary of one municipality to within the boundary of
548 another municipality.
549 (ii) "Annexing municipality" means:
550 (A) in the case of an annexation, the municipality that annexes an unincorporated area;
551 and
552 (B) in the case of a boundary adjustment, a municipality whose boundary includes an
553 affected area as a result of a boundary adjustment.
554 (b) The effective date of an annexation or boundary adjustment for purposes of
555 assessing property within an affected area is governed by Section 59-2-305.5.
556 (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
557 recorder of each county in which the property is located, a municipality may not:
558 (i) levy or collect a property tax on property within an affected area;
559 (ii) levy or collect an assessment on property within an affected area; or
560 (iii) charge or collect a fee for service provided to property within an affected area,
561 unless the municipality was charging and collecting the fee within that area immediately before
562 annexation.
563 Section 8. Section 10-2-425 (Effective 07/01/24) is amended to read:
564 10-2-425 (Effective 07/01/24). Filing of notice and plat -- Recording and notice
565 requirements -- Effective date of annexation or boundary adjustment.
566 (1) The legislative body of each municipality that enacts an ordinance under this part
567 approving the annexation of an unincorporated area or the adjustment of a boundary[
568
569
570
571 (a) within 60 days after enacting the ordinance or the day of the election or, in the case
572 of a boundary adjustment, within 60 days after each of the municipalities involved in the
573 boundary adjustment has enacted an ordinance, file with the lieutenant governor:
574 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
575 meets the requirements of Subsection 67-1a-6.5(3); and
576 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5;
577 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
578 adjustment, as the case may be, under Section 67-1a-6.5:
579 (i) if the annexed area or area subject to the boundary adjustment is located within the
580 boundary of a single county, submit to the recorder of that county the original notice of an
581 impending boundary action, the original certificate of annexation or boundary adjustment, the
582 original approved final local entity plat, and a certified copy of the ordinance approving the
583 annexation or boundary adjustment; or
584 (ii) if the annexed area or area subject to the boundary adjustment is located within the
585 boundaries of more than a single county:
586 (A) submit to the recorder of one of those counties the original notice of impending
587 boundary action, the original certificate of annexation or boundary adjustment, and the original
588 approved final local entity plat;
589 (B) submit to the recorder of each other county a certified copy of the documents listed
590 in Subsection (1)(b)(ii)(A); and
591 (C) submit a certified copy of the ordinance approving the annexation or boundary
592 adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
593 (c) concurrently with Subsection (1)(b):
594 (i) send notice of the annexation or boundary adjustment to each affected entity; and
595 (ii) in accordance with Section 53-2d-514, file with the Bureau of Emergency Medical
596 Services:
597 (A) a certified copy of the ordinance approving the annexation of an unincorporated
598 area or the adjustment of a boundary; and
599 (B) a copy of the approved final local entity plat.
600 (2) If an annexation or boundary adjustment under this part [
601
602
603 Section 17B-1-416 or an automatic withdrawal from a special district under Subsection
604 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant
605 governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5,
606 send notice of the annexation or boundary adjustment to the special district to which the
607 annexed area is automatically annexed or from which the annexed area is automatically
608 withdrawn.
609 (3) Each notice required under Subsection (1) relating to an annexation or boundary
610 adjustment shall state the effective date of the annexation or boundary adjustment, as
611 determined under Subsection (4).
612 (4) An annexation or boundary adjustment under this part is completed and takes
613 effect:
614 (a) for the annexation of or boundary adjustment affecting an area located in a county
615 of the first class, except for an annexation under Section 10-2-418:
616 (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
617 certificate of annexation or boundary adjustment if:
618 (A) the certificate is issued during the preceding November 1 through April 30; and
619 (B) the requirements of Subsection (1) are met before that July 1; or
620 (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
621 certificate of annexation or boundary adjustment if:
622 (A) the certificate is issued during the preceding May 1 through October 31; and
623 (B) the requirements of Subsection (1) are met before that January 1; and
624 (b) subject to Subsection (5), for all other annexations and boundary adjustments, the
625 date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of
626 annexation or boundary adjustment.
627 [
628
629 [
630
631 [
632
633 [
634 (i) "Affected area" means:
635 (A) in the case of an annexation, the annexed area; and
636 (B) in the case of a boundary adjustment, any area that, as a result of the boundary
637 adjustment, is moved from within the boundary of one municipality to within the boundary of
638 another municipality.
639 (ii) "Annexing municipality" means:
640 (A) in the case of an annexation, the municipality that annexes an unincorporated area;
641 and
642 (B) in the case of a boundary adjustment, a municipality whose boundary includes an
643 affected area as a result of a boundary adjustment.
644 (b) The effective date of an annexation or boundary adjustment for purposes of
645 assessing property within an affected area is governed by Section 59-2-305.5.
646 (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
647 recorder of each county in which the property is located, a municipality may not:
648 (i) levy or collect a property tax on property within an affected area;
649 (ii) levy or collect an assessment on property within an affected area; or
650 (iii) charge or collect a fee for service provided to property within an affected area,
651 unless the municipality was charging and collecting the fee within that area immediately before
652 annexation.
653 Section 9. Section 10-3-205 is amended to read:
654 10-3-205. Election of officers in municipalities operating under a city council
655 form of government.
656 Each municipality operating under a five-member or six-member city council form of
657 government shall hold municipal elections to fill, for a term of four years, the following
658 offices in the following years:
659 (1) in the year following a year in which a presidential election is held, the offices of:
660 (a) approximately half the council members; and
661 (b) except as provided in Subsection (2)(b) [
662 (2) in the year preceding a year in which a presidential election is held, the offices of:
663 (a) the remaining council members; and
664 (b) for a municipality that elected a mayor in 2015 for a term of four years, mayor.
665 Section 10. Section 10-3-205.5 is amended to read:
666 10-3-205.5. At-large election of officers -- Election of commissioners or council
667 members.
668 (1) Except as provided in Subsection (2), (3), or (4), the officers of each city shall be
669 elected in an at-large election held at the time and in the manner provided for electing
670 municipal officers.
671 (2) (a) The governing body of a city may by ordinance provide for the election of some
672 or all commissioners or council members, as the case may be, by district equal in number to the
673 number of commissioners or council members elected by district.
674 (b) (i) Each district shall be of substantially equal population as the other districts.
675 (ii) Within six months after the Legislature completes its redistricting process, the
676 governing body of each city that has adopted an ordinance under Subsection (2)(a) shall make
677 any adjustments in the boundaries of the districts as may be required to maintain districts of
678 substantially equal population.
679 [
680
681 [
682
683 [
684
685 [
686
687 [
688
689
690 [
691
692 [
693 [
694
695 Section 11. Section 10-3-1302 is amended to read:
696 10-3-1302. Purpose.
697 [
698 officers and employees and to require these persons to disclose actual or potential conflicts of
699 interest between their public duties and their personal interests.
700 [
701
702
703 Section 12. Section 10-3b-102 is amended to read:
704 10-3b-102. Definitions.
705 As used in this chapter:
706 (1) "Council-mayor form of government" means the form of municipal government
707 that:
708 (a) (i) is provided for in Laws of Utah 1977, Chapter 48;
709 (ii) may not be adopted without voter approval; and
710 (iii) consists of two separate, independent, and equal branches of municipal
711 government; and
712 (b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal
713 Government.
714 (2) "Five-member council form of government" means the form of municipal
715 government described in Part 4, Five-Member Council Form of Municipal Government.
716 [
717 [
718
719 [
720 government described in Part 3, Six-Member Council Form of Municipal Government.
721 Section 13. Section 10-3b-103 is amended to read:
722 10-3b-103. Forms of municipal government -- Form of government for towns --
723 Former council-manager form.
724 (1) A municipality operating on May 4, 2008, under the council-mayor form of
725 government:
726 (a) shall, on and after May 5, 2008:
727 (i) operate under a council-mayor form of government, as defined in Section
728 10-3b-102; and
729 (ii) be subject to:
730 (A) this part;
731 (B) Part 2, Council-Mayor Form of Municipal Government;
732 (C) Part 6, Changing to Another Form of Municipal Government; and
733 (D) except as provided in Subsection (1)(b), other applicable provisions of this title;
734 and
735 (b) is not subject to:
736 (i) Part 3, Six-Member Council Form of Municipal Government; or
737 (ii) Part 4, Five-Member Council Form of Municipal Government[
738 [
739 (2) A municipality operating on May 4, 2008 under a form of government known under
740 the law then in effect as the six-member council form:
741 (a) shall, on and after May 5, 2008, and whether or not the council has adopted an
742 ordinance appointing a manager for the municipality:
743 (i) operate under a six-member council form of government, as defined in Section
744 10-3b-102;
745 (ii) be subject to:
746 (A) this part;
747 (B) Part 3, Six-Member Council Form of Municipal Government;
748 (C) Part 6, Changing to Another Form of Municipal Government; and
749 (D) except as provided in Subsection (2)(b), other applicable provisions of this title;
750 and
751 (b) is not subject to:
752 (i) Part 2, Council-Mayor Form of Municipal Government; or
753 (ii) Part 4, Five-Member Council Form of Municipal Government[
754 [
755 (3) A municipality operating on May 4, 2008, under a form of government known
756 under the law then in effect as the five-member council form:
757 (a) shall, on and after May 5, 2008:
758 (i) operate under a five-member council form of government, as defined in Section
759 10-3b-102;
760 (ii) be subject to:
761 (A) this part;
762 (B) Part 4, Five-Member Council Form of Municipal Government;
763 (C) Part 6, Changing to Another Form of Municipal Government; and
764 (D) except as provided in Subsection (3)(b), other applicable provisions of this title;
765 and
766 (b) is not subject to:
767 (i) Part 2, Council-Mayor Form of Municipal Government; or
768 (ii) Part 3, Six-Member Council Form of Municipal Government[
769 [
770 (4) Subject to Subsection (5), each municipality [
771 incorporated on or after May 5, 2008, shall operate under:
772 (a) the council-mayor form of government, with a five-member council;
773 (b) the council-mayor form of government, with a seven-member council;
774 (c) the six-member council form of government; or
775 (d) the five-member council form of government.
776 (5) Each town shall operate under a five-member council form of government unless:
777 (a) before May 5, 2008, the town has changed to another form of municipal
778 government; or
779 (b) on or after May 5, 2008, the town changes its form of government as provided in
780 Part 6, Changing to Another Form of Municipal Government.
781 [
782 [
783 [
784 [
785 [
786 [
787
788 [
789 [
790 [
791 [
792 [
793 government" means the form of municipal government:
794 (i) provided for in Laws of Utah 1977, Chapter 48;
795 (ii) that cannot be adopted without voter approval; and
796 (iii) that provides for, subject to Subsections (7) and (8) [
797 manager with duties and responsibilities established in Laws of Utah 1977,
798 Chapter 48.
799 (b) A municipality operating on May 4, 2008, under the council-manager form of
800 government:
801 (i) shall:
802 (A) continue to operate, on and after May 5, 2008, under the council-manager form of
803 government according to the applicable provisions of Laws of Utah
804 1977, Chapter 48; and
805 (B) be subject to:
806 (I) this Subsection [
807 (II) Part 6, Changing to Another Form of Municipal Government; and
808 (III) except as provided in Subsection (7)(b)(ii), other applicable provisions of this
809 title; and
810 (ii) is not subject to:
811 (A) Part 2, Council-Mayor Form of Municipal Government;
812 (B) Part 3, Six-Member Council Form of Municipal Government; or
813 (C) Part 4, Five-Member Council Form of Municipal Government[
814 [
815 [
816 period of time that:
817 (i) begins on the day on which a municipal general election described in Section
818 10-3-201 is held to elect a council member; and
819 (ii) ends on the day on which the council member-elect begins the council member's
820 term.
821 (b) (i) The council may not appoint a manager during an interim vacancy period.
822 (ii) Notwithstanding Subsection [
823 (A) the council may appoint an interim manager during an interim vacancy period; and
824 (B) the interim manager's term shall expire once a new manager is appointed by the
825 new administration after the interim vacancy period has ended.
826 (c) Subsection [
827 on the day of the municipal general election whose term of office was vacant for the election
828 are re-elected to the council for the following term.
829 [
830 or after May 10, 2011, enter into an employment contract that contains an automatic renewal
831 provision with the manager.
832 [
833 operating under any form of municipal government from changing to another form of
834 government as provided in Part 6, Changing to Another Form of Municipal Government.
835 Section 14. Section 10-3b-601 is amended to read:
836 10-3b-601. Authority to change to another form of municipal government.
837 [
838 under which it operates to:
839 [
840 [
841 [
842 [
843 [
844
845 [
846 [
847
848 [
849
850
851 [
852
853 Section 15. Section 10-5-102 is amended to read:
854 10-5-102. Applicability.
855 This chapter [
856 [
857 [
858 Section 16. Section 10-5-108 is amended to read:
859 10-5-108. Budget hearing -- Notice -- Adjustments.
860 (1) Prior to the adoption of the final budget or an amendment to a budget, a town
861 council shall hold a public hearing to receive public comment.
862 (2) The town council shall provide notice of the place, purpose, and time of the public
863 hearing by providing notice for the town [
864 63G-30-102, for at least seven days before the hearing.
865 (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
866 expenditures and revenues in conformity with this chapter.
867 Section 17. Section 10-6-103 is amended to read:
868 10-6-103. Applicability.
869 This chapter [
870 [
871 Section 18. Section 10-6-113 is amended to read:
872 10-6-113. Budget -- Notice of hearing to consider adoption.
873 At the meeting at which each tentative budget is adopted, the governing body shall
874 establish the time and place of a public hearing to consider its adoption and shall order that
875 notice of the public hearing be published for the city [
876 under Section 63G-30-102, for at least seven days before the day of the hearing.
877 Section 19. Section 10-6-137 is amended to read:
878 10-6-137. City recorder -- Office -- Meetings and records -- Certified records as
879 evidence.
880 (1) The office of the city recorder shall be located at the place of the governing body or
881 at some other place convenient [
882 body [
883 (2) (a) Except as provided in Subsection (2)(b), the city recorder or a deputy city
884 recorder shall attend the meetings and keep the record of the proceedings of the governing
885 body.
886 (b) An individual designated by a municipal services district to provide recorder or
887 clerk services to a city is not required to attend a meeting of the city governing body if the
888 individual ensures compliance with the meeting minutes and recording requirements of Section
889 52-4-203.
890 (c) Copies of all papers filed in the recorder's office and transcripts from all records of
891 the governing body, if certified by the recorder under the corporate seal, are admissible in all
892 courts as originals.
893 Section 20. Section 10-6-152 is amended to read:
894 10-6-152. Notice that audit completed and available for inspection.
895 Within 10 days following the receipt of the audit report furnished by the independent
896 auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall:
897 (1) prepare a notice to the public that the audit of the city has been completed;
898 (2) provide the notice for the city [
899 Section 63G-30-102, for at least 10 days; and
900 (3) make a copy of the notice described in Subsection (1) available for inspection at the
901 office of the city auditor or recorder.
902 Section 21. Section 10-9a-302 is amended to read:
903 10-9a-302. Planning commission powers and duties -- Training requirements.
904 (1) The planning commission shall review and make a recommendation to the
905 legislative body for:
906 (a) a general plan and amendments to the general plan;
907 (b) land use regulations, including:
908 (i) ordinances regarding the subdivision of land within the municipality; and
909 (ii) amendments to existing land use regulations;
910 (c) an appropriate delegation of power to at least one designated land use authority to
911 hear and act on a land use application;
912 (d) an appropriate delegation of power to at least one appeal authority to hear and act
913 on an appeal from a decision of the land use authority; and
914 (e) application processes that:
915 (i) may include a designation of routine land use matters that, upon application and
916 proper notice, will receive informal streamlined review and action if the application is
917 uncontested; and
918 (ii) shall protect the right of each:
919 (A) land use applicant and adversely affected party to require formal consideration of
920 any application by a land use authority;
921 (B) land use applicant or adversely affected party to appeal a land use authority's
922 decision to a separate appeal authority; and
923 (C) participant to be heard in each public hearing on a contested application.
924 (2) Before making a recommendation to a legislative body on an item described in
925 Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
926 with Section 10-9a-404.
927 (3) A legislative body may adopt, modify, or reject a planning commission's
928 recommendation to the legislative body under this section.
929 (4) A legislative body may consider a planning commission's failure to make a timely
930 recommendation as a negative recommendation.
931 (5) Nothing in this section limits the right of a municipality to initiate or propose the
932 actions described in this section.
933 (6) (a) (i) This Subsection (6) applies to:
934 (A) a city of the first, second, third, or fourth class; and
935 (B) a city of the fifth class with a population of 5,000 or more, if the city is located
936 within a county of the first, second, or third class[
937 [
938 (ii) The population figures described in Subsection (6)(a)(i) shall be derived from:
939 (A) the most recent official census or census estimate of the United States Census
940 Bureau; or
941 (B) if a population figure is not available under Subsection (6)(a)(ii)(A), an estimate of
942 the Utah Population Committee.
943 (b) A municipality described in Subsection (6)(a)(i) shall ensure that each member of
944 the municipality's planning commission completes four hours of annual land use training as
945 follows:
946 (i) one hour of annual training on general powers and duties under Title 10, Chapter 9a,
947 Municipal Land Use, Development, and Management Act; and
948 (ii) three hours of annual training on land use, which may include:
949 (A) appeals and variances;
950 (B) conditional use permits;
951 (C) exactions;
952 (D) impact fees;
953 (E) vested rights;
954 (F) subdivision regulations and improvement guarantees;
955 (G) land use referenda;
956 (H) property rights;
957 (I) real estate procedures and financing;
958 (J) zoning, including use-based and form-based; and
959 (K) drafting ordinances and code that complies with statute.
960 (c) A newly appointed planning commission member may not participate in a public
961 meeting as an appointed member until the member completes the training described in
962 Subsection (6)(b)(i).
963 (d) A planning commission member may qualify for one completed hour of training
964 required under Subsection (6)(b)(ii) if the member attends, as an appointed member, 12 public
965 meetings of the planning commission within a calendar year.
966 (e) A municipality shall provide the training described in Subsection (6)(b) through:
967 (i) municipal staff;
968 (ii) the Utah League of Cities and Towns; or
969 (iii) a list of training courses selected by:
970 (A) the Utah League of Cities and Towns; or
971 (B) the Division of Real Estate created in Section 61-2-201.
972 (f) A municipality shall, for each planning commission member:
973 (i) monitor compliance with the training requirements in Subsection (6)(b); and
974 (ii) maintain a record of training completion at the end of each calendar year.
975 Section 22. Section 10-9a-408 is amended to read:
976 10-9a-408. Moderate income housing report -- Contents -- Prioritization for
977 funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
978 (1) As used in this section:
979 (a) "Division" means the Housing and Community Development Division within the
980 Department of Workforce Services.
981 (b) "Implementation plan" means the implementation plan adopted as part of the
982 moderate income housing element of a specified municipality's general plan as provided in
983 Subsection 10-9a-403(2)(c).
984 (c) "Initial report" or "initial moderate income housing report" means the one-time
985 report described in Subsection (2).
986 (d) "Moderate income housing strategy" means a strategy described in Subsection
987 10-9a-403(2)(b)(iii).
988 (e) "Report" means an initial report or a subsequent progress report.
989 (f) "Specified municipality" means:
990 (i) a city of the first, second, third, or fourth class; or
991 (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
992 within a county of the first, second, or third class[
993 [
994 (g) "Subsequent progress report" means the annual report described in Subsection (3).
995 (2) (a) The legislative body of a specified municipality shall submit an initial report to
996 the division.
997 (b) (i) This Subsection (2)(b) applies to a municipality that is not a specified
998 municipality as of January 1, 2023.
999 (ii) As of January 1, if a municipality described in Subsection (2)(b)(i) changes from
1000 one class to another or grows in population to qualify as a specified municipality, the
1001 municipality shall submit an initial plan to the division on or before August 1 of the first
1002 calendar year beginning on January 1 in which the municipality qualifies as a specified
1003 municipality.
1004 (c) The initial report shall:
1005 (i) identify each moderate income housing strategy selected by the specified
1006 municipality for continued, ongoing, or one-time implementation, restating the exact language
1007 used to describe the moderate income housing strategy in Subsection 10-9a-403(2)(b)(iii); and
1008 (ii) include an implementation plan.
1009 (3) (a) After the division approves a specified municipality's initial report under this
1010 section, the specified municipality shall, as an administrative act, annually submit to the
1011 division a subsequent progress report on or before August 1 of each year after the year in which
1012 the specified municipality is required to submit the initial report.
1013 (b) The subsequent progress report shall include:
1014 (i) subject to Subsection (3)(c), a description of each action, whether one-time or
1015 ongoing, taken by the specified municipality during the previous 12-month period to
1016 implement the moderate income housing strategies identified in the initial report for
1017 implementation;
1018 (ii) a description of each land use regulation or land use decision made by the specified
1019 municipality during the previous 12-month period to implement the moderate income housing
1020 strategies, including an explanation of how the land use regulation or land use decision
1021 supports the specified municipality's efforts to implement the moderate income housing
1022 strategies;
1023 (iii) a description of any barriers encountered by the specified municipality in the
1024 previous 12-month period in implementing the moderate income housing strategies;
1025 (iv) information regarding the number of internal and external or detached accessory
1026 dwelling units located within the specified municipality for which the specified municipality:
1027 (A) issued a building permit to construct; or
1028 (B) issued a business license or comparable license or permit to rent;
1029 (v) a description of how the market has responded to the selected moderate income
1030 housing strategies, including the number of entitled moderate income housing units or other
1031 relevant data; and
1032 (vi) any recommendations on how the state can support the specified municipality in
1033 implementing the moderate income housing strategies.
1034 (c) For purposes of describing actions taken by a specified municipality under
1035 Subsection (3)(b)(i), the specified municipality may include an ongoing action taken by the
1036 specified municipality prior to the 12-month reporting period applicable to the subsequent
1037 progress report if the specified municipality:
1038 (i) has already adopted an ordinance, approved a land use application, made an
1039 investment, or approved an agreement or financing that substantially promotes the
1040 implementation of a moderate income housing strategy identified in the initial report; and
1041 (ii) demonstrates in the subsequent progress report that the action taken under
1042 Subsection (3)(c)(i) is relevant to making meaningful progress towards the specified
1043 municipality's implementation plan.
1044 (d) A specified municipality's report shall be in a form:
1045 (i) approved by the division; and
1046 (ii) made available by the division on or before May 1 of the year in which the report is
1047 required.
1048 (4) Within 90 days after the day on which the division receives a specified
1049 municipality's report, the division shall:
1050 (a) post the report on the division's website;
1051 (b) send a copy of the report to the Department of Transportation, the Governor's
1052 Office of Planning and Budget, the association of governments in which the specified
1053 municipality is located, and, if the specified municipality is located within the boundaries of a
1054 metropolitan planning organization, the appropriate metropolitan planning organization; and
1055 (c) subject to Subsection (5), review the report to determine compliance with this
1056 section.
1057 (5) (a) An initial report does not comply with this section unless the report:
1058 (i) includes the information required under Subsection (2)(c);
1059 (ii) demonstrates to the division that the specified municipality made plans to
1060 implement:
1061 (A) three or more moderate income housing strategies if the specified municipality
1062 does not have a fixed guideway public transit station; or
1063 (B) subject to Subsection 10-9a-403(2)(b)(iv), five or more moderate income housing
1064 strategies if the specified municipality has a fixed guideway public transit station; and
1065 (iii) is in a form approved by the division.
1066 (b) A subsequent progress report does not comply with this section unless the report:
1067 (i) demonstrates to the division that the specified municipality made plans to
1068 implement:
1069 (A) three or more moderate income housing strategies if the specified municipality
1070 does not have a fixed guideway public transit station; or
1071 (B) subject to the requirements of Subsection 10-9a-403(2)(a)(iii)(D), five or more
1072 moderate income housing strategies if the specified municipality has a fixed guideway public
1073 transit station;
1074 (ii) is in a form approved by the division; and
1075 (iii) provides sufficient information for the division to:
1076 (A) assess the specified municipality's progress in implementing the moderate income
1077 housing strategies;
1078 (B) monitor compliance with the specified municipality's implementation plan;
1079 (C) identify a clear correlation between the specified municipality's land use
1080 regulations and land use decisions and the specified municipality's efforts to implement the
1081 moderate income housing strategies;
1082 (D) identify how the market has responded to the specified municipality's selected
1083 moderate income housing strategies; and
1084 (E) identify any barriers encountered by the specified municipality in implementing the
1085 selected moderate income housing strategies.
1086 (6) (a) A specified municipality qualifies for priority consideration under this
1087 Subsection (6) if the specified municipality's report:
1088 (i) complies with this section; and
1089 (ii) demonstrates to the division that the specified municipality made plans to
1090 implement:
1091 (A) five or more moderate income housing strategies if the specified municipality does
1092 not have a fixed guideway public transit station; or
1093 (B) six or more moderate income housing strategies if the specified municipality has a
1094 fixed guideway public transit station.
1095 (b) The Transportation Commission may, in accordance with Subsection
1096 72-1-304(3)(c), give priority consideration to transportation projects located within the
1097 boundaries of a specified municipality described in Subsection (6)(a) until the Department of
1098 Transportation receives notice from the division under Subsection (6)(e).
1099 (c) Upon determining that a specified municipality qualifies for priority consideration
1100 under this Subsection (6), the division shall send a notice of prioritization to the legislative
1101 body of the specified municipality and the Department of Transportation.
1102 (d) The notice described in Subsection (6)(c) shall:
1103 (i) name the specified municipality that qualifies for priority consideration;
1104 (ii) describe the funds or projects for which the specified municipality qualifies to
1105 receive priority consideration; and
1106 (iii) state the basis for the division's determination that the specified municipality
1107 qualifies for priority consideration.
1108 (e) The division shall notify the legislative body of a specified municipality and the
1109 Department of Transportation in writing if the division determines that the specified
1110 municipality no longer qualifies for priority consideration under this Subsection (6).
1111 (7) (a) If the division, after reviewing a specified municipality's report, determines that
1112 the report does not comply with this section, the division shall send a notice of noncompliance
1113 to the legislative body of the specified municipality.
1114 (b) A specified municipality that receives a notice of noncompliance may:
1115 (i) cure each deficiency in the report within 90 days after the day on which the notice of
1116 noncompliance is sent; or
1117 (ii) request an appeal of the division's determination of noncompliance within 10 days
1118 after the day on which the notice of noncompliance is sent.
1119 (c) The notice described in Subsection (7)(a) shall:
1120 (i) describe each deficiency in the report and the actions needed to cure each
1121 deficiency;
1122 (ii) state that the specified municipality has an opportunity to:
1123 (A) submit to the division a corrected report that cures each deficiency in the report
1124 within 90 days after the day on which the notice of compliance is sent; or
1125 (B) submit to the division a request for an appeal of the division's determination of
1126 noncompliance within 10 days after the day on which the notice of noncompliance is sent; and
1127 (iii) state that failure to take action under Subsection (7)(c)(ii) will result in the
1128 specified municipality's ineligibility for funds under Subsection (9).
1129 (d) For purposes of curing the deficiencies in a report under this Subsection (7), if the
1130 action needed to cure the deficiency as described by the division requires the specified
1131 municipality to make a legislative change, the specified municipality may cure the deficiency
1132 by making that legislative change within the 90-day cure period.
1133 (e) (i) If a specified municipality submits to the division a corrected report in
1134 accordance with Subsection (7)(b)(i) and the division determines that the corrected report does
1135 not comply with this section, the division shall send a second notice of noncompliance to the
1136 legislative body of the specified municipality within 30 days after the day on which the
1137 corrected report is submitted.
1138 (ii) A specified municipality that receives a second notice of noncompliance may
1139 submit to the division a request for an appeal of the division's determination of noncompliance
1140 within 10 days after the day on which the second notice of noncompliance is sent.
1141 (iii) The notice described in Subsection (7)(e)(i) shall:
1142 (A) state that the specified municipality has an opportunity to submit to the division a
1143 request for an appeal of the division's determination of noncompliance within 10 days after the
1144 day on which the second notice of noncompliance is sent; and
1145 (B) state that failure to take action under Subsection (7)(e)(iii)(A) will result in the
1146 specified municipality's ineligibility for funds under Subsection (9).
1147 (8) (a) A specified municipality that receives a notice of noncompliance under
1148 Subsection (7)(a) or (7)(e)(i) may request an appeal of the division's determination of
1149 noncompliance within 10 days after the day on which the notice of noncompliance is sent.
1150 (b) Within 90 days after the day on which the division receives a request for an appeal,
1151 an appeal board consisting of the following three members shall review and issue a written
1152 decision on the appeal:
1153 (i) one individual appointed by the Utah League of Cities and Towns;
1154 (ii) one individual appointed by the Utah Homebuilders Association; and
1155 (iii) one individual appointed by the presiding member of the association of
1156 governments, established pursuant to an interlocal agreement under Title 11, Chapter 13,
1157 Interlocal Cooperation Act, of which the specified municipality is a member.
1158 (c) The written decision of the appeal board shall either uphold or reverse the division's
1159 determination of noncompliance.
1160 (d) The appeal board's written decision on the appeal is final.
1161 (9) (a) A specified municipality is ineligible for funds under this Subsection (9) if:
1162 (i) the specified municipality fails to submit a report to the division;
1163 (ii) after submitting a report to the division, the division determines that the report does
1164 not comply with this section and the specified municipality fails to:
1165 (A) cure each deficiency in the report within 90 days after the day on which the notice
1166 of noncompliance is sent; or
1167 (B) request an appeal of the division's determination of noncompliance within 10 days
1168 after the day on which the notice of noncompliance is sent;
1169 (iii) after submitting to the division a corrected report to cure the deficiencies in a
1170 previously-submitted report, the division determines that the corrected report does not comply
1171 with this section and the specified municipality fails to request an appeal of the division's
1172 determination of noncompliance within 10 days after the day on which the second notice of
1173 noncompliance is sent; or
1174 (iv) after submitting a request for an appeal under Subsection (8), the appeal board
1175 issues a written decision upholding the division's determination of noncompliance.
1176 (b) The following apply to a specified municipality described in Subsection (9)(a) until
1177 the division provides notice under Subsection (9)(e):
1178 (i) the executive director of the Department of Transportation may not program funds
1179 from the Transportation Investment Fund of 2005, including the Transit Transportation
1180 Investment Fund, to projects located within the boundaries of the specified municipality in
1181 accordance with Subsection 72-2-124(5);
1182 (ii) beginning with a report submitted in 2024, the specified municipality shall pay a
1183 fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified
1184 municipality:
1185 (A) fails to submit the report to the division in accordance with this section, beginning
1186 the day after the day on which the report was due; or
1187 (B) fails to cure the deficiencies in the report, beginning the day after the day by which
1188 the cure was required to occur as described in the notice of noncompliance under Subsection
1189 (7); and
1190 (iii) beginning with the report submitted in 2025, the specified municipality shall pay a
1191 fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified
1192 municipality, in a consecutive year:
1193 (A) fails to submit the report to the division in accordance with this section, beginning
1194 the day after the day on which the report was due; or
1195 (B) fails to cure the deficiencies in the report, beginning the day after the day by which
1196 the cure was required to occur as described in the notice of noncompliance under Subsection
1197 (6).
1198 (c) Upon determining that a specified municipality is ineligible for funds under this
1199 Subsection (9), and is required to pay a fee under Subsection (9)(b), if applicable, the division
1200 shall send a notice of ineligibility to the legislative body of the specified municipality, the
1201 Department of Transportation, the State Tax Commission and the Governor's Office of
1202 Planning and Budget.
1203 (d) The notice described in Subsection (9)(c) shall:
1204 (i) name the specified municipality that is ineligible for funds;
1205 (ii) describe the funds for which the specified municipality is ineligible to receive;
1206 (iii) describe the fee the specified municipality is required to pay under Subsection
1207 (9)(b), if applicable[
1208 (iv) state the basis for the division's determination that the specified municipality is
1209 ineligible for funds.
1210 (e) The division shall notify the legislative body of a specified municipality and the
1211 Department of Transportation in writing if the division determines that the provisions of this
1212 Subsection (9) no longer apply to the specified municipality.
1213 (f) The division may not determine that a specified municipality that is required to pay
1214 a fee under Subsection (9)(b) is in compliance with the reporting requirements of this section
1215 until the specified municipality pays all outstanding fees required under Subsection (9)(b) to
1216 the Olene Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene
1217 Walker Housing Loan Fund.
1218 (10) In a civil action seeking enforcement or claiming a violation of this section or of
1219 Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
1220 injunctive or other equitable relief.
1221 Section 23. Section 11-3-8 is amended to read:
1222 11-3-8. Conflicting local ordinances prohibited.
1223 A county, city, or town[
1224 in conflict with Sections 53-7-220 through 53-7-225.
1225 Section 24. Section 11-13a-102 is amended to read:
1226 11-13a-102. Definitions.
1227 As used in this chapter:
1228 (1) "Controlling interest" means that one or more governmental entities collectively
1229 represent a majority of the board's voting power as outlined in the nonprofit corporation's
1230 governing documents.
1231 (2) (a) "Governing board" means the body that governs a governmental nonprofit
1232 corporation.
1233 (b) "Governing board" includes a board of directors.
1234 (3) "Governmental entity" means the state, a county, a municipality, a special district, a
1235 special service district, a school district, a state institution of higher education, or any other
1236 political subdivision or administrative unit of the state.
1237 (4) (a) "Governmental nonprofit corporation" means:
1238 (i) a nonprofit corporation that is wholly owned or wholly controlled by one or more
1239 governmental entities, unless the nonprofit corporation receives no operating funding or other
1240 financial support from any governmental entity; or
1241 (ii) a nonprofit corporation in which one or more governmental entities exercise a
1242 controlling interest and:
1243 (A) that exercises taxing authority;
1244 (B) that imposes a mandatory fee for association or participation with the nonprofit
1245 corporation where that association or participation is mandated by law; or
1246 (C) that receives a majority of the nonprofit corporation's operating funding from one
1247 or more governmental entities under the nonprofit corporation's governing documents, except
1248 where voluntary membership fees, dues, or assessments compose the operating funding.
1249 (b) "Governmental nonprofit corporation" does not include a water company, as that
1250 term is defined in Section 16-4-102, unless the water company is wholly owned by one or more
1251 governmental entities.
1252 (5) "Municipality" means a city[
1253 Section 25. Section 11-14-102 is amended to read:
1254 11-14-102. Definitions.
1255 For the purpose of this chapter:
1256 (1) "Bond" means any bond authorized to be issued under this chapter, including
1257 municipal bonds.
1258 (2) "Election results" has the same meaning as defined in Section 20A-1-102.
1259 (3) "Governing body" means:
1260 (a) for a county, city, or town, [
1261 city, or town;
1262 (b) for a special district, the board of trustees of the special district;
1263 (c) for a school district, the local board of education; or
1264 (d) for a special service district under Title 17D, Chapter 1, Special Service District
1265 Act:
1266 (i) the governing body of the county or municipality that created the special service
1267 district, if no administrative control board has been established under Section 17D-1-301; or
1268 (ii) the administrative control board, if one has been established under Section
1269 17D-1-301 and the power to issue bonds not payable from taxes has been delegated to the
1270 administrative control board.
1271 (4) (a) "Local political subdivision" means a county, city, town, [
1272 school district, special district, or special service district.
1273 (b) "Local political subdivision" does not include the state and its institutions.
1274 (5) "Special district" means a district operating under Title 17B, Limited Purpose Local
1275 Government Entities - Special Districts.
1276 Section 26. Section 11-14-301 is amended to read:
1277 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
1278 under constitutional and statutory limitations.
1279 (1) If the governing body has declared the bond proposition to have carried and no
1280 contest has been filed, or if a contest has been filed and favorably terminated, the governing
1281 body may proceed to issue the bonds voted at the election.
1282 (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
1283 otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
1284 more than 10 years after the day on which the election is held.
1285 (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
1286 10-year period:
1287 (i) an application for a referendum petition is filed with a local clerk, in accordance
1288 with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or
1289 (ii) the bonds are challenged in a court of law or an administrative proceeding in
1290 relation to:
1291 (A) the legality or validity of the bonds, or the election or proceedings authorizing the
1292 bonds;
1293 (B) the authority of the local political subdivision to issue the bonds;
1294 (C) the provisions made for the security or payment of the bonds; or
1295 (D) any other issue that materially and adversely affects the marketability of the bonds,
1296 as determined by the individual or body that holds the executive powers of the local political
1297 subdivision.
1298 (c) For a bond described in this section that is approved by voters on or after May 8,
1299 2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
1300 later of the day on which:
1301 (i) the local clerk determines that the petition is insufficient, in accordance with
1302 Subsection 20A-7-607(3), unless an application, described in Subsection 20A-7-607(4)(a), is
1303 made to a court;
1304 (ii) a court determines, under Subsection 20A-7-607(4)(c), that the petition for the
1305 referendum is not legally sufficient; or
1306 (iii) for a referendum petition that is sufficient, the governing body declares, as
1307 provided by law, the results of the referendum election on the local obligation law.
1308 (d) For a bond described in this section that was approved by voters on or after May
1309 14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
1310 (i) if a county, city, town, [
1311 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
1312 (A) the day on which the county, city, or town[
1313 described in Subsection 20A-7-602.7(1)(b)(ii); or
1314 (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
1315 decision that the proposed referendum is not legally referable to voters becomes final; or
1316 (ii) if a county, city, town, [
1317 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
1318 (A) the day on which the local clerk determines, under Section 20A-7-607, that the
1319 number of certified names is insufficient for the proposed referendum to appear on the ballot;
1320 or
1321 (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
1322 names is sufficient for the proposed referendum to appear on the ballot, the day on which the
1323 governing body declares, as provided by law, the results of the referendum election on the local
1324 obligation law.
1325 (e) A tolling period described in Subsection (2)(b)(ii) ends after:
1326 (i) there is a final settlement, a final adjudication, or another type of final resolution of
1327 all challenges described in Subsection (2)(b)(ii); and
1328 (ii) the individual or body that holds the executive powers of the local political
1329 subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
1330 are resolved and final.
1331 (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
1332 (2) and, when the tolling ends and after giving effect to the tolling, the period of time
1333 remaining to issue the bonds is less than one year, the period of time remaining to issue the
1334 bonds shall be extended to one year.
1335 (g) The tolling provisions described in this Subsection (2) apply to all bonds described
1336 in this section that were approved by voters on or after May 8, 2002.
1337 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
1338 the indebtedness of the local political subdivision to exceed that permitted by the Utah
1339 Constitution or statutes.
1340 (b) In computing the amount of indebtedness that may be incurred pursuant to
1341 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
1342 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
1343 of the taxable property in the local political subdivision, as computed from the last applicable
1344 equalized assessment roll before the incurring of the additional indebtedness.
1345 (c) In determining the fair market value of the taxable property in the local political
1346 subdivision as provided in this section, the value of all tax equivalent property, as defined in
1347 Section 59-3-102, shall be included as a part of the total fair market value of taxable property
1348 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
1349 Act.
1350 (4) Bonds of improvement districts issued in a manner that they are payable solely
1351 from the revenues to be derived from the operation of the facilities of the district may not be
1352 included as bonded indebtedness for the purposes of the computation.
1353 (5) Where bonds are issued by a city, town, or county payable solely from revenues
1354 derived from the operation of revenue-producing facilities of the city, town, or county, or
1355 payable solely from a special fund into which are deposited excise taxes levied and collected by
1356 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
1357 city, town, or county, or any combination of those excise taxes, the bonds shall be included as
1358 bonded indebtedness of the city, town, or county only to the extent required by the Utah
1359 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
1360 town, or county need not be authorized at an election, except as otherwise provided by the Utah
1361 Constitution, the bonds being hereby expressly excluded from the election requirement of
1362 Section 11-14-201.
1363 (6) A bond election is not void when the amount of bonds authorized at the election
1364 exceeded the limitation applicable to the local political subdivision at the time of holding the
1365 election, but the bonds may be issued from time to time in an amount within the applicable
1366 limitation at the time the bonds are issued.
1367 (7) (a) A local political subdivision may not receive, from the issuance of bonds
1368 approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
1369 maximum principal amount stated in the bond proposition.
1370 (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
1371 held after January 1, 2019.
1372 Section 27. Section 11-17-2 is amended to read:
1373 11-17-2. Definitions.
1374 As used in this chapter:
1375 (1) "Bonds" means bonds, notes, or other evidences of indebtedness.
1376 (2) "Energy efficiency upgrade" means an improvement that is permanently affixed to
1377 real property and that is designed to reduce energy consumption, including:
1378 (a) insulation in:
1379 (i) a wall, ceiling, roof, floor, or foundation; or
1380 (ii) a heating or cooling distribution system;
1381 (b) an insulated window or door, including:
1382 (i) a storm window or door;
1383 (ii) a multiglazed window or door;
1384 (iii) a heat-absorbing window or door;
1385 (iv) a heat-reflective glazed and coated window or door;
1386 (v) additional window or door glazing;
1387 (vi) a window or door with reduced glass area; or
1388 (vii) other window or door modifications that reduce energy loss;
1389 (c) an automatic energy control system;
1390 (d) in a building or a central plant, a heating, ventilation, or air conditioning and
1391 distribution system;
1392 (e) caulking or weatherstripping;
1393 (f) a light fixture that does not increase the overall illumination of a building unless an
1394 increase is necessary to conform with the applicable building code;
1395 (g) an energy recovery system;
1396 (h) a daylighting system;
1397 (i) measures to reduce the consumption of water, through conservation or more
1398 efficient use of water, including:
1399 (i) installation of a low-flow toilet or showerhead;
1400 (ii) installation of a timer or timing system for a hot water heater; or
1401 (iii) installation of a rain catchment system; or
1402 (j) any other modified, installed, or remodeled fixture that is approved as a utility
1403 cost-savings measure by the governing body.
1404 (3) "Finance" or "financing" includes the issuing of bonds by a municipality, county, or
1405 state university for the purpose of using a portion, or all or substantially all of the proceeds to
1406 pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the
1407 acquisition of facilities of a project, or to create funds for the project itself where appropriate,
1408 whether these costs are incurred by the municipality, the county, the state university, the user,
1409 or a designee of the user. If title to or in these facilities at all times remains in the user, the
1410 bonds of the municipality or county shall be secured by a pledge of one or more notes,
1411 debentures, bonds, other secured or unsecured debt obligations of the user or lender, or the
1412 sinking fund or other arrangement as in the judgment of the governing body is appropriate for
1413 the purpose of assuring repayment of the bond obligations to investors in accordance with their
1414 terms.
1415 (4) "Governing body" means:
1416 (a) for a county, city, or town, [
1417 city, or town[
1418 (b) for the military installation development authority created in Section 63H-1-201,
1419 the board, as defined in Section 63H-1-102;
1420 (c) for a state university except as provided in Subsection (4)(d), the board or body
1421 having the control and supervision of the state university; and
1422 (d) for a nonprofit corporation or foundation created by and operating under the
1423 auspices of a state university, the board of directors or board of trustees of that corporation or
1424 foundation.
1425 (5) (a) "Industrial park" means land, including all necessary rights, appurtenances,
1426 easements, and franchises relating to it, acquired and developed by a municipality, county, or
1427 state university for the establishment and location of a series of sites for plants and other
1428 buildings for industrial, distribution, and wholesale use.
1429 (b) "Industrial park" includes the development of the land for an industrial park under
1430 this chapter or the acquisition and provision of water, sewerage, drainage, street, road,
1431 sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or
1432 any combination of them, but only to the extent that these facilities are incidental to the use of
1433 the land as an industrial park.
1434 (6) "Lender" means a trust company, savings bank, savings and loan association, bank,
1435 credit union, or any other lending institution that lends, loans, or leases proceeds of a financing
1436 to the user or a user's designee.
1437 (7) "Mortgage" means a mortgage, trust deed, or other security device.
1438 (8) "Municipality" means any incorporated city[
1439 state, including cities or towns operating under home rule charters.
1440 (9) "Pollution" means any form of environmental pollution including water pollution,
1441 air pollution, pollution caused by solid waste disposal, thermal pollution, radiation
1442 contamination, or noise pollution.
1443 (10) (a) "Project" means:
1444 (i) an industrial park, land, interest in land, building, structure, facility, system, fixture,
1445 improvement, appurtenance, machinery, equipment, or any combination of them, whether or
1446 not in existence or under construction:
1447 (A) that is suitable for industrial, manufacturing, warehousing, research, business, and
1448 professional office building facilities, commercial, shopping services, food, lodging, low
1449 income rental housing, recreational, or any other business purposes;
1450 (B) that is suitable to provide services to the general public;
1451 (C) that is suitable for use by any corporation, person, or entity engaged in health care
1452 services, including hospitals, nursing homes, extended care facilities, facilities for the care of
1453 persons with a physical or mental disability, and administrative and support facilities; or
1454 (D) that is suitable for use by a state university for the purpose of aiding in the
1455 accomplishment of its authorized academic, scientific, engineering, technical, and economic
1456 development functions;
1457 (ii) any land, interest in land, building, structure, facility, system, fixture, improvement,
1458 appurtenance, machinery, equipment, or any combination of them, used by any individual,
1459 partnership, firm, company, corporation, public utility, association, trust, estate, political
1460 subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns,
1461 for the reduction, abatement, or prevention of pollution, including the removal or treatment of
1462 any substance in process material, if that material would cause pollution if used without the
1463 removal or treatment;
1464 (iii) an energy efficiency upgrade;
1465 (iv) a renewable energy system;
1466 (v) facilities, machinery, or equipment, the manufacturing and financing of which will
1467 maintain or enlarge domestic or foreign markets for Utah industrial products; or
1468 (vi) any economic development or new venture investment fund to be raised other than
1469 from:
1470 (A) municipal or county general fund money;
1471 (B) money raised under the taxing power of any county or municipality; or
1472 (C) money raised against the general credit of any county or municipality.
1473 (b) "Project" does not include any property, real, personal, or mixed, for the purpose of
1474 the construction, reconstruction, improvement, or maintenance of a public utility as defined in
1475 Section 54-2-1.
1476 (11) "Renewable energy system" means a product, system, device, or interacting group
1477 of devices that is permanently affixed to real property and that produces energy from renewable
1478 resources, including:
1479 (a) a photovoltaic system;
1480 (b) a solar thermal system;
1481 (c) a wind system;
1482 (d) a geothermal system, including:
1483 (i) a direct-use system; or
1484 (ii) a ground source heat pump system;
1485 (e) a micro-hydro system; or
1486 (f) another renewable energy system approved by the governing body.
1487 (12) "State university" means an institution of higher education as described in Section
1488 53B-2-101 and includes any nonprofit corporation or foundation created by and operating
1489 under their authority.
1490 (13) "User" means the person, whether natural or corporate, who will occupy, operate,
1491 maintain, and employ the facilities of, or manage and administer a project after the financing,
1492 acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise.
1493 Section 28. Section 11-26-401 is amended to read:
1494 11-26-401. Definitions -- Prohibition on car sharing program taxes, fees, and
1495 other charges.
1496 (1) As used in this part:
1497 (a) "Car sharing" means the same as that term is defined in Section 13-48a-101.
1498 (b) "County" means the same as that term is defined in Section 17-50-101.
1499 (c) "Local political subdivision" means the same as that term is defined in Section
1500 11-14-102.
1501 [
1502 [
1503
1504 (e) "Rental" means the same as the terms "lease" or "rental" are defined in Section
1505 59-12-102.
1506 (2) A [
1507 fee, or charge on the gross proceeds or gross income of a car sharing transaction that the
1508 jurisdiction does not impose on other transactions involving the rental of a motor vehicle
1509 without a driver.
1510 Section 29. Section 11-39-101 is amended to read:
1511 11-39-101. Definitions.
1512 As used in this chapter:
1513 (1) "Bid limit" means:
1514 (a) for a building improvement:
1515 (i) for the year 2003, $40,000; and
1516 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1517 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1518 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1519 year; and
1520 (b) for a public works project:
1521 (i) for the year 2003, $125,000; and
1522 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
1523 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
1524 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
1525 year.
1526 (2) "Building improvement":
1527 (a) means the construction or repair of a public building or structure; and
1528 (b) does not include construction or repair at an international airport.
1529 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
1530 Consumers as published by the Bureau of Labor Statistics of the United States Department of
1531 Labor.
1532 (4) (a) "Design-build project" means a building improvement or public works project
1533 for which both the design and construction are provided for in a single contract with a
1534 contractor or combination of contractors capable of providing design-build services.
1535 (b) "Design-build project" does not include a building improvement or public works
1536 project:
1537 (i) that a local entity undertakes under contract with a construction manager that
1538 guarantees the contract price and is at risk for any amount over the contract price; and
1539 (ii) each component of which is competitively bid.
1540 (5) "Design-build services" means the engineering, architectural, and other services
1541 necessary to formulate and implement a design-build project, including the actual construction
1542 of the project.
1543 (6) "Emergency repairs" means a building improvement or public works project
1544 undertaken on an expedited basis to:
1545 (a) eliminate an imminent risk of damage to or loss of public or private property;
1546 (b) remedy a condition that poses an immediate physical danger; or
1547 (c) reduce a substantial, imminent risk of interruption of an essential public service.
1548 (7) "Governing body" means:
1549 (a) for a county, city, or town, [
1550 city, or town[
1551 (b) for a special district, the board of trustees of the special district; and
1552 (c) for a special service district:
1553 (i) the legislative body of the county, city, or town that established the special service
1554 district, if no administrative control board has been appointed under Section 17D-1-301; or
1555 (ii) the administrative control board of the special service district, if an administrative
1556 control board has been appointed under Section 17D-1-301.
1557 (8) "Local entity" means a county, city, town, [
1558 special service district.
1559 (9) "Lowest responsive responsible bidder" means a prime contractor who:
1560 (a) has submitted a bid in compliance with the invitation to bid and within the
1561 requirements of the plans and specifications for the building improvement or public works
1562 project;
1563 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
1564 strength, past performance, integrity, reliability, and other factors that the local entity uses to
1565 assess the ability of a bidder to perform fully and in good faith the contract requirements;
1566 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
1567 prime contract; and
1568 (d) furnishes a payment and performance bond as required by law.
1569 (10) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah
1570 Procurement Code.
1571 (11) "Public works project":
1572 (a) means the construction of:
1573 (i) a park or recreational facility; or
1574 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
1575 flood control; and
1576 (b) does not include:
1577 (i) the replacement or repair of existing infrastructure on private property;
1578 (ii) construction commenced before June 1, 2003; and
1579 (iii) construction or repair at an international airport.
1580 (12) "Special district" means the same as that term is defined in Section 17B-1-102.
1581 (13) "Special service district" has the same meaning as defined in Section 17D-1-102.
1582 Section 30. Section 11-41-102 is amended to read:
1583 11-41-102. Definitions.
1584 As used in this chapter:
1585 (1) "Agreement" means an oral or written agreement between a public entity and a
1586 person.
1587 (2) "Business entity" means a sole proprietorship, partnership, limited partnership,
1588 limited liability company, corporation, or other entity or association used to carry on a business
1589 for profit.
1590 (3) "Determination of violation" means a determination by the Governor's Office of
1591 Economic Opportunity of substantial likelihood that a retail facility incentive payment has been
1592 made in violation of Section 11-41-103, in accordance with Section 11-41-104.
1593 (4) "Environmental mitigation" means an action or activity intended to remedy known
1594 negative impacts to the environment.
1595 (5) "Executive director" means the executive director of the Governor's Office of
1596 Economic Opportunity.
1597 (6) "General plan" means the same as that term is defined in Section 23A-6-101.
1598 (7) "Mixed-use development" means development with mixed land uses, including
1599 housing.
1600 (8) "Moderate income housing plan" means the moderate income housing plan element
1601 of a general plan.
1602 (9) "Office" means the Governor's Office of Economic Opportunity.
1603 (10) "Political subdivision" means any county, city, town, [
1604 district, special district, special service district, community reinvestment agency, or entity
1605 created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation
1606 Act.
1607 (11) "Public entity" means:
1608 (a) a political subdivision;
1609 (b) a state agency as defined in Section 63J-1-220;
1610 (c) a higher education institution as defined in Section 53B-1-201;
1611 (d) the Military Installation Development Authority created in Section 63H-1-201;
1612 (e) the Utah Inland Port Authority created in Section 11-58-201; or
1613 (f) the Point of the Mountain State Land Authority created in Section 11-59-201.
1614 (12) "Public funds" means any money received by a public entity that is derived from:
1615 (a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act;
1616 or
1617 (b) a property tax levy.
1618 (13) "Public infrastructure" means:
1619 (a) a public facility as defined in Section 11-36a-102; or
1620 (b) public infrastructure included as part of an infrastructure master plan related to a
1621 general plan.
1622 (14) "Retail facility" means any facility operated by a business entity for the primary
1623 purpose of making retail transactions.
1624 (15) (a) "Retail facility incentive payment" means a payment of public funds:
1625 (i) to a person by a public entity;
1626 (ii) for the development, construction, renovation, or operation of a retail facility
1627 within an area of the state; and
1628 (iii) in the form of:
1629 (A) a payment;
1630 (B) a rebate;
1631 (C) a refund;
1632 (D) a subsidy; or
1633 (E) any other similar incentive, award, or offset.
1634 (b) "Retail facility incentive payment" does not include a payment of public funds for:
1635 (i) the development, construction, renovation, or operation of:
1636 (A) public infrastructure; or
1637 (B) a structured parking facility;
1638 (ii) the demolition of an existing facility;
1639 (iii) assistance under a state or local:
1640 (A) main street program; or
1641 (B) historic preservation program;
1642 (iv) environmental mitigation or sanitation, if determined by a state or federal agency
1643 under applicable state or federal law;
1644 (v) assistance under a water conservation program or energy efficiency program, if any
1645 business entity located within the public entity's boundaries or subject to the public entity's
1646 jurisdiction is eligible to participate in the program;
1647 (vi) emergency aid or assistance, if any business entity located within the public entity's
1648 boundaries or subject to the public entity's jurisdiction is eligible to receive the emergency aid
1649 or assistance; or
1650 (vii) assistance under a public safety or security program, if any business entity located
1651 within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to
1652 participate in the program.
1653 (16) "Retail transaction" means any transaction subject to a sales and use tax under
1654 Title 59, Chapter 12, Sales and Use Tax Act.
1655 (17) (a) "Small business" means a business entity that:
1656 (i) has fewer than 30 full-time equivalent employees; and
1657 (ii) maintains the business entity's principal office in the state.
1658 (b) "Small business" does not include:
1659 (i) a franchisee, as defined in 16 C.F.R. Sec. 436.1;
1660 (ii) a dealer, as defined in Section 41-1a-102; or
1661 (iii) a subsidiary or affiliate of another business entity that is not a small business.
1662 Section 31. Section 11-42a-102 is amended to read:
1663 11-42a-102. Definitions.
1664 (1) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
1665 the standards established in bin 4 Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
1666 (2) (a) "Assessment" means the assessment that a local entity or the C-PACE district
1667 levies on private property under this chapter to cover the costs of an energy efficiency upgrade,
1668 a renewable energy system, or an electric vehicle charging infrastructure.
1669 (b) "Assessment" does not constitute a property tax but shares the same priority lien as
1670 a property tax.
1671 (3) "Assessment fund" means a special fund that a local entity establishes under
1672 Section 11-42a-206.
1673 (4) "Benefitted property" means private property within an energy assessment area that
1674 directly benefits from improvements.
1675 (5) "Bond" means an assessment bond and a refunding assessment bond.
1676 (6) (a) "Commercial or industrial real property" means private real property used
1677 directly or indirectly or held for one of the following purposes or activities, regardless of
1678 whether the purpose or activity is for profit:
1679 (i) commercial;
1680 (ii) mining;
1681 (iii) agricultural;
1682 (iv) industrial;
1683 (v) manufacturing;
1684 (vi) trade;
1685 (vii) professional;
1686 (viii) a private or public club;
1687 (ix) a lodge;
1688 (x) a business; or
1689 (xi) a similar purpose.
1690 (b) "Commercial or industrial real property" includes:
1691 (i) private real property that is used as or held for dwelling purposes and contains:
1692 (A) more than four rental units; or
1693 (B) one or more owner-occupied or rental condominium units affiliated with a hotel;
1694 and
1695 (ii) real property owned by:
1696 (A) the military installation development authority, created in Section 63H-1-201; or
1697 (B) the Utah Inland Port Authority, created in Section 11-58-201.
1698 (7) "Contract price" means:
1699 (a) up to 100% of the cost of installing, acquiring, refinancing, or reimbursing for an
1700 improvement, as determined by the owner of the property benefitting from the improvement; or
1701 (b) the amount payable to one or more contractors for the assessment, design,
1702 engineering, inspection, and construction of an improvement.
1703 (8) "C-PACE" means commercial property assessed clean energy.
1704 (9) "C-PACE district" means the statewide authority established in Section 11-42a-106
1705 to implement the C-PACE Act in collaboration with governing bodies, under the direction of
1706 OED.
1707 (10) "Electric vehicle charging infrastructure" means equipment that is:
1708 (a) permanently affixed to commercial or industrial real property; and
1709 (b) designed to deliver electric energy to a qualifying electric vehicle or a qualifying
1710 plug-in hybrid vehicle.
1711 (11) "Energy assessment area" means an area:
1712 (a) within the jurisdictional boundaries of a local entity that approves an energy
1713 assessment area or, if the C-PACE district or a state interlocal entity levies the assessment, the
1714 C-PACE district or the state interlocal entity;
1715 (b) containing only the commercial or industrial real property of owners who have
1716 voluntarily consented to an assessment under this chapter for the purpose of financing the costs
1717 of improvements that benefit property within the energy assessment area; and
1718 (c) in which the proposed benefitted properties in the area are:
1719 (i) contiguous; or
1720 (ii) located on one or more contiguous or adjacent tracts of land that would be
1721 contiguous or adjacent property but for an intervening right-of-way, including a sidewalk,
1722 street, road, fixed guideway, or waterway.
1723 (12) "Energy assessment bond" means a bond:
1724 (a) issued under Section 11-42a-401; and
1725 (b) payable in part or in whole from assessments levied in an energy assessment area.
1726 (13) "Energy assessment lien" means a lien on property within an energy assessment
1727 area that arises from the levy of an assessment in accordance with Section 11-42a-301.
1728 (14) "Energy assessment ordinance" means an ordinance that a local entity adopts
1729 under Section 11-42a-201 that:
1730 (a) designates an energy assessment area;
1731 (b) levies an assessment on benefitted property within the energy assessment area; and
1732 (c) if applicable, authorizes the issuance of energy assessment bonds.
1733 (15) "Energy assessment resolution" means one or more resolutions adopted by a local
1734 entity under Section 11-42a-201 that:
1735 (a) designates an energy assessment area;
1736 (b) levies an assessment on benefitted property within the energy assessment area; and
1737 (c) if applicable, authorizes the issuance of energy assessment bonds.
1738 (16) "Energy efficiency upgrade" means an improvement that is:
1739 (a) permanently affixed to commercial or industrial real property; and
1740 (b) designed to reduce energy or water consumption, including:
1741 (i) insulation in:
1742 (A) a wall, roof, floor, or foundation; or
1743 (B) a heating and cooling distribution system;
1744 (ii) a window or door, including:
1745 (A) a storm window or door;
1746 (B) a multiglazed window or door;
1747 (C) a heat-absorbing window or door;
1748 (D) a heat-reflective glazed and coated window or door;
1749 (E) additional window or door glazing;
1750 (F) a window or door with reduced glass area; or
1751 (G) other window or door modifications;
1752 (iii) an automatic energy control system;
1753 (iv) in a building or a central plant, a heating, ventilation, or air conditioning and
1754 distribution system;
1755 (v) caulk or weatherstripping;
1756 (vi) a light fixture that does not increase the overall illumination of a building, unless
1757 an increase is necessary to conform with the applicable building code;
1758 (vii) an energy recovery system;
1759 (viii) a daylighting system;
1760 (ix) measures to reduce the consumption of water, through conservation or more
1761 efficient use of water, including installation of:
1762 (A) low-flow toilets and showerheads;
1763 (B) timer or timing systems for a hot water heater; or
1764 (C) rain catchment systems;
1765 (x) a modified, installed, or remodeled fixture that is approved as a utility cost-saving
1766 measure by the governing body or executive of a local entity;
1767 (xi) measures or other improvements to effect seismic upgrades;
1768 (xii) structures, measures, or other improvements to provide automated parking or
1769 parking that reduces land use;
1770 (xiii) the extension of an existing natural gas distribution company line;
1771 (xiv) an energy efficient elevator, escalator, or other vertical transport device;
1772 (xv) any other improvement that the governing body or executive of a local entity
1773 approves as an energy efficiency upgrade; or
1774 (xvi) any improvement that relates physically or functionally to any of the
1775 improvements listed in Subsections (16)(b)(i) through (xv).
1776 (17) "Governing body" means:
1777 (a) for a county, city, or town, [
1778 city, or town[
1779 (b) for a special district, the board of trustees of the special district;
1780 (c) for a special service district:
1781 (i) if no administrative control board has been appointed under Section 17D-1-301, the
1782 legislative body of the county, city, town, or metro township that established the special service
1783 district; or
1784 (ii) if an administrative control board has been appointed under Section 17D-1-301, the
1785 administrative control board of the special service district;
1786 (d) for the military installation development authority created in Section 63H-1-201,
1787 the board, as that term is defined in Section 63H-1-102; and
1788 (e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as
1789 defined in Section 11-58-102.
1790 (18) "Improvement" means a publicly or privately owned energy efficiency upgrade,
1791 renewable energy system, or electric vehicle charging infrastructure that:
1792 (a) a property owner has requested; or
1793 (b) has been or is being installed on a property for the benefit of the property owner.
1794 (19) "Incidental refunding costs" means any costs of issuing a refunding assessment
1795 bond and calling, retiring, or paying prior bonds, including:
1796 (a) legal and accounting fees;
1797 (b) charges of financial advisors, escrow agents, certified public accountant verification
1798 entities, and trustees;
1799 (c) underwriting discount costs, printing costs, and the costs of giving notice;
1800 (d) any premium necessary in the calling or retiring of prior bonds;
1801 (e) fees to be paid to the local entity to issue the refunding assessment bond and to
1802 refund the outstanding prior bonds;
1803 (f) any other costs that the governing body determines are necessary and proper to incur
1804 in connection with the issuance of a refunding assessment bond; and
1805 (g) any interest on the prior bonds that is required to be paid in connection with the
1806 issuance of the refunding assessment bond.
1807 (20) "Installment payment date" means the date on which an installment payment of an
1808 assessment is payable.
1809 (21) "Jurisdictional boundaries" means:
1810 (a) for the C-PACE district or any state interlocal entity, the boundaries of the state;
1811 and
1812 (b) for each local entity, the boundaries of the local entity.
1813 (22) (a) "Local entity" means:
1814 (i) a county, city, or town[
1815 (ii) a special service district, a special district, or an interlocal entity as that term is
1816 defined in Section 11-13-103;
1817 (iii) a state interlocal entity;
1818 (iv) the military installation development authority, created in Section 63H-1-201;
1819 (v) the Utah Inland Port Authority, created in Section 11-58-201; or
1820 (vi) any political subdivision of the state.
1821 (b) "Local entity" includes the C-PACE district solely in connection with:
1822 (i) the designation of an energy assessment area;
1823 (ii) the levying of an assessment; and
1824 (iii) the assignment of an energy assessment lien to a third-party lender under Section
1825 11-42a-302.
1826 (23) "Local entity obligations" means energy assessment bonds and refunding
1827 assessment bonds that a local entity issues.
1828 (24) "OED" means the Office of Energy Development created in Section 79-6-401.
1829 (25) "OEM vehicle" means the same as that term is defined in Section 19-1-402.
1830 (26) "Overhead costs" means the actual costs incurred or the estimated costs to be
1831 incurred in connection with an energy assessment area, including:
1832 (a) appraisals, legal fees, filing fees, facilitation fees, and financial advisory charges;
1833 (b) underwriting fees, placement fees, escrow fees, trustee fees, and paying agent fees;
1834 (c) publishing and mailing costs;
1835 (d) costs of levying an assessment;
1836 (e) recording costs; and
1837 (f) all other incidental costs.
1838 (27) "Parameters resolution" means a resolution or ordinance that a local entity adopts
1839 in accordance with Section 11-42a-201.
1840 (28) "Prior bonds" means the energy assessment bonds refunded in part or in whole by
1841 a refunding assessment bond.
1842 (29) "Prior energy assessment ordinance" means the ordinance levying the assessments
1843 from which the prior bonds are payable.
1844 (30) "Prior energy assessment resolution" means the resolution levying the assessments
1845 from which the prior bonds are payable.
1846 (31) "Property" includes real property and any interest in real property, including water
1847 rights and leasehold rights.
1848 (32) "Public electrical utility" means a large-scale electric utility as that term is defined
1849 in Section 54-2-1.
1850 (33) "Qualifying electric vehicle" means a vehicle that:
1851 (a) meets air quality standards;
1852 (b) is not fueled by natural gas;
1853 (c) draws propulsion energy from a battery with at least 10 kilowatt hours of capacity;
1854 and
1855 (d) is an OEM vehicle except that the vehicle is fueled by a fuel described in
1856 Subsection (33)(c).
1857 (34) "Qualifying plug-in hybrid vehicle" means a vehicle that:
1858 (a) meets air quality standards;
1859 (b) is not fueled by natural gas or propane;
1860 (c) has a battery capacity that meets or exceeds the battery capacity described in
1861 Subsection 30D(b)(3), Internal Revenue Code; and
1862 (d) is fueled by a combination of electricity and:
1863 (i) diesel fuel;
1864 (ii) gasoline; or
1865 (iii) a mixture of gasoline and ethanol.
1866 (35) "Reduced payment obligation" means the full obligation of an owner of property
1867 within an energy assessment area to pay an assessment levied on the property after the local
1868 entity has reduced the assessment because of the issuance of a refunding assessment bond, in
1869 accordance with Section 11-42a-403.
1870 (36) "Refunding assessment bond" means an assessment bond that a local entity issues
1871 under Section 11-42a-403 to refund, in part or in whole, energy assessment bonds.
1872 (37) (a) "Renewable energy system" means a product, system, device, or interacting
1873 group of devices that is permanently affixed to commercial or industrial real property not
1874 located in the certified service area of a distribution electrical cooperative, as that term is
1875 defined in Section 54-2-1, and:
1876 (i) produces energy from renewable resources, including:
1877 (A) a photovoltaic system;
1878 (B) a solar thermal system;
1879 (C) a wind system;
1880 (D) a geothermal system, including a generation system, a direct-use system, or a
1881 ground source heat pump system;
1882 (E) a microhydro system;
1883 (F) a biofuel system; or
1884 (G) any other renewable source system that the governing body of the local entity
1885 approves;
1886 (ii) stores energy, including:
1887 (A) a battery storage system; or
1888 (B) any other energy storing system that the governing body or chief executive officer
1889 of a local entity approves; or
1890 (iii) any improvement that relates physically or functionally to any of the products,
1891 systems, or devices listed in Subsection (37)(a)(i) or (ii).
1892 (b) "Renewable energy system" does not include a system described in Subsection
1893 (37)(a)(i) if the system provides energy to property outside the energy assessment area, unless
1894 the system:
1895 (i) (A) existed before the creation of the energy assessment area; and
1896 (B) beginning before January 1, 2017, provides energy to property outside of the area
1897 that became the energy assessment area; or
1898 (ii) provides energy to property outside the energy assessment area under an agreement
1899 with a public electrical utility that is substantially similar to agreements for other renewable
1900 energy systems that are not funded under this chapter.
1901 (38) "Special district" means a special district under Title 17B, Limited Purpose Local
1902 Government Entities - Special Districts.
1903 (39) "Special service district" means the same as that term is defined in Section
1904 17D-1-102.
1905 (40) "State interlocal entity" means:
1906 (a) an interlocal entity created under Chapter 13, Interlocal Cooperation Act, by two or
1907 more counties, cities, or towns[
1908 majority of the state's population; or
1909 (b) an entity that another state authorized, before January 1, 2017, to issue bonds,
1910 notes, or other obligations or refunding obligations to finance or refinance projects in the state.
1911 (41) "Third-party lender" means a trust company, savings bank, savings and loan
1912 association, bank, credit union, or any other entity that provides loans directly to property
1913 owners for improvements authorized under this chapter.
1914 Section 32. Section 11-42b-101 is amended to read:
1915 11-42b-101. Definitions.
1916 As used in this chapter:
1917 (1) "Assessment" means the assessment that a specified county levies on benefitted
1918 properties under this chapter to pay for beneficial activities.
1919 (2) "Assessment area" means a convention and tourism business assessment area
1920 designated under this chapter.
1921 (3) (a) "Beneficial activity" means any activity or service that increases hotel room
1922 rates or occupancy levels at lodging establishments.
1923 (b) "Beneficial activity" includes an activity to:
1924 (i) promote tourism;
1925 (ii) sponsor or incentivize a cultural or sports event, festival, conference, or
1926 convention;
1927 (iii) facilitate economic or workforce development for the lodging industry, including
1928 workforce recruitment or retention; or
1929 (iv) promote placemaking, visitor management, or destination enhancement.
1930 (4) "Benefitted property" means a lodging establishment that directly or indirectly
1931 benefits from a beneficial activity.
1932 (5) "Guest" means an individual for whom a lodging establishment provides lodging
1933 accommodations for compensation.
1934 (6) "Lodging establishment" means the same as that term is defined in Section
1935 29-2-102.
1936 (7) "Municipality" means a city[
1937 (8) "Owner" means the owner of a benefitted property, or the authorized agent or
1938 employee of the owner.
1939 (9) "Qualified number of owners" means a number of owners of benefitted properties
1940 that represents 60% or more of the total assessment amount levied against all benefitted
1941 properties within a proposed or existing assessment area, provided that if an owner of one or
1942 more benefitted properties represents 40% or more of the total assessment amount levied
1943 against all benefitted properties within a proposed or existing assessment area, no more than
1944 40% of the total assessment amount shall be attributed to that owner.
1945 (10) "Specified county" means a county of the first or second class.
1946 (11) "Third party administrator" means a private nonprofit organization, primarily
1947 engaged in destination marketing and promotion, that enters into a contract with a specified
1948 county to provide beneficial activities within an assessment area in accordance with the
1949 management plan.
1950 Section 33. Section 11-46a-101 is amended to read:
1951 11-46a-101. Definitions.
1952 As used in this chapter:
1953 (1) (a) "Animal" means any nonhuman vertebrate life form.
1954 (b) "Animal" does not include domestic cats, domestic dogs, exotic animals, or
1955 reptiles.
1956 (2) (a) "Animal enterprise" means a commercial enterprise, an academic enterprise, or
1957 a competition that uses or sells animals or animal products for profit, food or fiber production,
1958 agriculture, education, research, sport, or testing.
1959 (b) "Animal enterprise" includes an animal competition, exposition, fair, rodeo, farm,
1960 feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences.
1961 (c) "Animal enterprise" does not include an aquarium, circus, horse and carriage
1962 operation, retail pet store, or zoo.
1963 (3) "Exotic animal" means a:
1964 (a) member of the family Felidae not indigenous to Utah, except the species Felis catus
1965 (domestic cat);
1966 (b) nonhuman primate;
1967 (c) nonwolf member of the family Canidae not indigenous to Utah, except the species
1968 Canis familiaris (domestic dog);
1969 (d) bear; and
1970 (e) member of the order Crocodylia.
1971 (4) "Political subdivision" means:
1972 (a) a city[
1973 (b) a county, as it relates to the licensing and regulation of an animal enterprise or
1974 working animal in the unincorporated area of the county.
1975 (5) (a) "Working animal" means an animal used for performing a specific duty or
1976 function in commerce, including an animal used for entertainment, herding, transportation,
1977 education, or exhibition.
1978 (b) "Working animal" does not include a horse and carriage operation.
1979 Section 34. Section 11-48-101.5 is amended to read:
1980 11-48-101.5. Definitions.
1981 As used in this chapter:
1982 (1) (a) "911 ambulance services" means ambulance services rendered in response to a
1983 911 call received by a designated dispatch center that receives 911 or E911 calls.
1984 (b) "911 ambulance services" does not mean a seven or ten digit telephone call
1985 received directly by an ambulance provider licensed under Title 26B, Chapter 4, Part 1, Utah
1986 Emergency Medical Services System.
1987 (2) "Municipality" means a city[
1988 (3) "Political subdivision" means a county, city, town, special district, or special
1989 service district.
1990 Section 35. Section 11-54-102 is amended to read:
1991 11-54-102. Definitions.
1992 As used in this chapter:
1993 (1) "Buyback purchaser" means a person who buys a procurement item from the local
1994 government entity to which the person previously sold the procurement item.
1995 (2) "Excess repurchase amount" means the difference between:
1996 (a) the amount a buyback purchaser pays to a local government entity to purchase a
1997 procurement item that the buyback purchaser previously sold to the local government entity;
1998 and
1999 (b) the amount the local government entity paid to the buyback purchaser to purchase
2000 the procurement item.
2001 (3) "Local government entity" means a county, city, town, [
2002 district, special service district, community reinvestment agency, conservation district, or
2003 school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code.
2004 (4) "Procurement item" means the same as that term is defined in Section 63G-6a-103.
2005 Section 36. Section 11-56-102 is amended to read:
2006 11-56-102. Definitions.
2007 As used in this chapter:
2008 (1) (a) "Enclosed mobile business" means a business that maintains ongoing mobility
2009 and of which the receipt of goods or services offered and point of sales occurs within an
2010 enclosed vehicle, an enclosed trailer, or an enclosed mobile structure.
2011 (b) An enclosed mobile business's goods or services include those offered in the
2012 following industries:
2013 (i) barber;
2014 (ii) beauty and cosmetic, including nail, eyelash, and waxing;
2015 (iii) cycling;
2016 (iv) cell phone;
2017 (v) computer;
2018 (vi) footwear;
2019 (vii) media archive and transfer;
2020 (viii) pet grooming;
2021 (ix) sewing and tailoring;
2022 (x) small engine; and
2023 (xi) tool.
2024 (c) "Enclosed mobile business" does not include a food cart, a food truck, or an ice
2025 cream truck.
2026 (2) "Event permit" means a permit that a political subdivision issues to the organizer of
2027 a mobile business event located on public property.
2028 (3) (a) "Food cart" means a cart:
2029 (i) that is not motorized; and
2030 (ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve
2031 food or beverages for immediate human consumption.
2032 (b) "Food cart" does not include an enclosed mobile business, a food truck, or an ice
2033 cream truck.
2034 (4) (a) "Food truck" means a fully encased food service establishment:
2035 (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
2036 (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares,
2037 cooks, sells, or serves food or beverages for immediate human consumption.
2038 (b) "Food truck" does not include an enclosed mobile business, a food cart, or an ice
2039 cream truck.
2040 (5) "Health department permit" means a document that a local health department issues
2041 to authorize a mobile business to operate within the jurisdiction of the local health department.
2042 (6) (a) "Ice cream truck" means a fully encased food service establishment:
2043 (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
2044 (ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
2045 (iii) that attracts patrons by traveling through a residential area and signaling the truck's
2046 presence in the area, including by playing music; and
2047 (iv) that may stop to serve ice cream at the signal of a patron.
2048 (b) "Ice cream truck" does not include an enclosed mobile business, a food cart, or a
2049 food truck.
2050 (7) "Local health department" means the same as that term is defined in Section
2051 26A-1-102.
2052 (8) "Mobile business" means an enclosed mobile business, a food cart, a food truck, or
2053 an ice cream truck.
2054 (9) "Mobile business event" means an event at which a mobile business has been
2055 invited by the event organizer to offer the mobile business's goods or services at a private or
2056 public gathering.
2057 (10) "Operator" means a person, including a vendor, who owns, manages, controls, or
2058 operates a mobile business.
2059 (11) "Political subdivision" means:
2060 (a) a city[
2061 (b) a county, as it relates to the licensing and regulation of businesses in the
2062 unincorporated area of the county.
2063 (12) (a) "Temporary mass gathering" means:
2064 (i) an actual or reasonably anticipated assembly of 500 or more people that continues,
2065 or reasonably can be expected to continue, for two or more hours per day; or
2066 (ii) an event that requires a more extensive review to protect public health and safety
2067 because the event's nature or conditions have the potential of generating environmental or
2068 health risks.
2069 (b) "Temporary mass gathering" does not include an assembly of people at a location
2070 with permanent facilities designed for that specific assembly, unless the assembly is a
2071 temporary mass gathering described in Subsection (15)(a)(i).
2072 Section 37. Section 11-58-102 is amended to read:
2073 11-58-102. Definitions.
2074 As used in this chapter:
2075 (1) "Authority" means the Utah Inland Port Authority, created in Section 11-58-201.
2076 (2) "Authority jurisdictional land" means land within the authority boundary
2077 delineated:
2078 (a) in the electronic shapefile that is the electronic component of H.B. 2001, Utah
2079 Inland Port Authority Amendments, 2018 Second Special Session; and
2080 (b) beginning April 1, 2020, as provided in Subsection 11-58-202(3).
2081 (3) "Base taxable value" means:
2082 (a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the
2083 authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year
2084 2018; and
2085 (ii) for an area described in Section 11-58-600.7, the taxable value of that area in
2086 calendar year 2017; or
2087 (b) for a project area that consists of land outside the authority jurisdictional land, the
2088 taxable value of property within any portion of a project area, as designated by board
2089 resolution, from which the property tax differential will be collected, as shown upon the
2090 assessment roll last equalized before the year in which the authority adopts a project area plan
2091 for that area.
2092 (4) "Board" means the authority's governing body, created in Section 11-58-301.
2093 (5) "Business plan" means a plan designed to facilitate, encourage, and bring about
2094 development of the authority jurisdictional land to achieve the goals and objectives described
2095 in Subsection 11-58-203(1), including the development and establishment of an inland port.
2096 (6) "Contaminated land" means land:
2097 (a) within a project area; and
2098 (b) that contains hazardous materials, as defined in Section 19-6-302, hazardous
2099 substances, as defined in Section 19-6-302, or landfill material on, in, or under the land.
2100 (7) "Development" means:
2101 (a) the demolition, construction, reconstruction, modification, expansion, or
2102 improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
2103 recreational amenity, or other facility, including public infrastructure and improvements; and
2104 (b) the planning of, arranging for, or participation in any of the activities listed in
2105 Subsection (7)(a).
2106 (8) "Development project" means a project for the development of land within a
2107 project area.
2108 (9) "Inland port" means one or more sites that:
2109 (a) contain multimodal facilities, intermodal facilities, or other facilities that:
2110 (i) are related but may be separately owned and managed; and
2111 (ii) together are intended to:
2112 (A) allow global trade to be processed and altered by value-added services as goods
2113 move through the supply chain;
2114 (B) provide a regional merging point for transportation modes for the distribution of
2115 goods to and from ports and other locations in other regions;
2116 (C) provide cargo-handling services to allow freight consolidation and distribution,
2117 temporary storage, customs clearance, and connection between transport modes; and
2118 (D) provide international logistics and distribution services, including freight
2119 forwarding, customs brokerage, integrated logistics, and information systems; and
2120 (b) may include a satellite customs clearance terminal, an intermodal facility, a
2121 customs pre-clearance for international trade, or other facilities that facilitate, encourage, and
2122 enhance regional, national, and international trade.
2123 (10) "Inland port use" means a use of land:
2124 (a) for an inland port;
2125 (b) that directly implements or furthers the purposes of an inland port, as stated in
2126 Subsection (9);
2127 (c) that complements or supports the purposes of an inland port, as stated in Subsection
2128 (9); or
2129 (d) that depends upon the presence of the inland port for the viability of the use.
2130 (11) "Intermodal facility" means a facility for transferring containerized cargo between
2131 rail, truck, air, or other transportation modes.
2132 (12) "Landfill material" means garbage, waste, debris, or other materials disposed of or
2133 placed in a landfill.
2134 (13) "Multimodal facility" means a hub or other facility for trade combining any
2135 combination of rail, trucking, air cargo, and other transportation services.
2136 (14) "Nonvoting member" means an individual appointed as a member of the board
2137 under Subsection 11-58-302(3) who does not have the power to vote on matters of authority
2138 business.
2139 (15) "Project area" means:
2140 (a) the authority jurisdictional land, subject to Section 11-58-605; or
2141 (b) land outside the authority jurisdictional land, whether consisting of a single
2142 contiguous area or multiple noncontiguous areas, described in a project area plan or draft
2143 project area plan, where the development project set forth in the project area plan or draft
2144 project area plan takes place or is proposed to take place.
2145 (16) "Project area budget" means a multiyear projection of annual or cumulative
2146 revenues and expenses and other fiscal matters pertaining to the project area.
2147 (17) "Project area plan" means a written plan that, after its effective date, guides and
2148 controls the development within a project area.
2149 (18) "Property tax" includes a privilege tax and each levy on an ad valorem basis on
2150 tangible or intangible personal or real property.
2151 (19) "Property tax differential":
2152 (a) means the difference between:
2153 (i) the amount of property tax revenues generated each tax year by all taxing entities
2154 from a project area, using the current assessed value of the property; and
2155 (ii) the amount of property tax revenues that would be generated from that same area
2156 using the base taxable value of the property; and
2157 (b) does not include property tax revenue from:
2158 (i) a county additional property tax or multicounty assessing and collecting levy
2159 imposed in accordance with Section 59-2-1602;
2160 (ii) a judgment levy imposed by a taxing entity under Section 59-2-1328 or 59-2-1330;
2161 or
2162 (iii) a levy imposed by a taxing entity under Section 11-14-310 to pay for a general
2163 obligation bond.
2164 (20) "Public entity" means:
2165 (a) the state, including each department, division, or other agency of the state; or
2166 (b) a county, city, town, [
2167 service district, interlocal cooperation entity, community reinvestment agency, or other political
2168 subdivision of the state, including the authority.
2169 (21) (a) "Public infrastructure and improvements" means infrastructure, improvements,
2170 facilities, or buildings that:
2171 (i) (A) benefit the public and are owned by a public entity or a utility; or
2172 (B) benefit the public and are publicly maintained or operated by a public entity; or
2173 (ii) (A) are privately owned;
2174 (B) benefit the public;
2175 (C) as determined by the board, provide a substantial benefit to the development and
2176 operation of a project area; and
2177 (D) are built according to applicable county or municipal design and safety standards.
2178 (b) "Public infrastructure and improvements" includes:
2179 (i) facilities, lines, or systems that provide:
2180 (A) water, chilled water, or steam; or
2181 (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
2182 microgrids, or telecommunications service;
2183 (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
2184 facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation
2185 facilities;
2186 (iii) an inland port; and
2187 (iv) infrastructure, improvements, facilities, or buildings that are developed as part of a
2188 remediation project.
2189 (22) "Remediation" includes:
2190 (a) activities for the cleanup, rehabilitation, and development of contaminated land;
2191 and
2192 (b) acquiring an interest in land within a remediation project area.
2193 (23) "Remediation differential" means property tax differential generated from a
2194 remediation project area.
2195 (24) "Remediation project" means a project for the remediation of contaminated land
2196 that:
2197 (a) is owned by:
2198 (i) the state or a department, division, or other instrumentality of the state;
2199 (ii) an independent entity, as defined in Section 63E-1-102; or
2200 (iii) a political subdivision of the state; and
2201 (b) became contaminated land before the owner described in Subsection (24)(a)
2202 obtained ownership of the land.
2203 (25) "Remediation project area" means a project area consisting of contaminated land
2204 that is or is expected to become the subject of a remediation project.
2205 (26) "Shapefile" means the digital vector storage format for storing geometric location
2206 and associated attribute information.
2207 (27) "Taxable value" means the value of property as shown on the last equalized
2208 assessment roll.
2209 (28) "Taxing entity":
2210 (a) means a public entity that levies a tax on property within a project area; and
2211 (b) does not include a public infrastructure district that the authority creates under Title
2212 17D, Chapter 4, Public Infrastructure District Act.
2213 (29) "Voting member" means an individual appointed or designated as a member of the
2214 board under Subsection 11-58-302(2).
2215 Section 38. Section 11-58-205 is amended to read:
2216 11-58-205. Applicability of other law -- Cooperation of state and local
2217 governments -- Municipality to consider board input -- Prohibition relating to natural
2218 resources -- Inland port as permitted or conditional use -- Municipal services --
2219 Disclosure by nonauthority governing body member -- Services from state agencies --
2220 Procurement policy.
2221 (1) Except as otherwise provided in this chapter, the authority does not have and may
2222 not exercise any powers relating to the regulation of land uses on the authority jurisdictional
2223 land.
2224 (2) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
2225 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
2226 by Title 63E, Independent Entities Code.
2227 (3) A department, division, or other agency of the state and a political subdivision of
2228 the state shall cooperate with the authority to the fullest extent possible to provide whatever
2229 support, information, or other assistance the board requests that is reasonably necessary to help
2230 the authority fulfill its duties and responsibilities under this chapter.
2231 (4) In making decisions affecting the authority jurisdictional land, the legislative body
2232 of a municipality in which the authority jurisdictional land is located shall consider input from
2233 the authority board.
2234 (5) (a) No later than December 31, 2018, the ordinances of a municipality with
2235 authority jurisdictional land within its boundary shall allow an inland port as a permitted or
2236 conditional use, subject to standards that are:
2237 (i) determined by the municipality; and
2238 (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1).
2239 (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the
2240 time prescribed in that subsection shall allow an inland port as a permitted use without regard
2241 to any contrary provision in the municipality's land use ordinances.
2242 (6) The transporting, unloading, loading, transfer, or temporary storage of natural
2243 resources may not be prohibited on the authority jurisdictional land.
2244 (7) (a) A municipality whose boundary includes authority jurisdictional land shall
2245 provide the same municipal services to the area of the municipality that is within the authority
2246 jurisdictional land as the municipality provides to other areas of the municipality with similar
2247 zoning and a similar development level.
2248 (b) The level and quality of municipal services that a municipality provides within
2249 authority jurisdictional land shall be fairly and reasonably consistent with the level and quality
2250 of municipal services that the municipality provides to other areas of the municipality with
2251 similar zoning and a similar development level.
2252 (8) (a) As used in this Subsection (8):
2253 (i) "Direct financial benefit" means the same as that term is defined in Section
2254 11-58-304.
2255 (ii) "Nonauthority governing body member" means a member of the board or other
2256 body that has authority to make decisions for a nonauthority government owner.
2257 (iii) "Nonauthority government owner" mean a state agency or nonauthority local
2258 government entity that owns land that is part of the authority jurisdictional land.
2259 (iv) "Nonauthority local government entity":
2260 (A) means a county, city, town, [
2261 district, community reinvestment agency, or other political subdivision of the state; and
2262 (B) excludes the authority.
2263 (v) "State agency" means a department, division, or other agency or instrumentality of
2264 the state, including an independent state agency.
2265 (b) A nonauthority governing body member who owns or has a financial interest in
2266 land that is part of the authority jurisdictional land or who reasonably expects to receive a
2267 direct financial benefit from development of authority jurisdictional land shall submit a written
2268 disclosure to the authority board and the nonauthority government owner.
2269 (c) A written disclosure under Subsection (8)(b) shall describe, as applicable:
2270 (i) the nonauthority governing body member's ownership or financial interest in
2271 property that is part of the authority jurisdictional land; and
2272 (ii) the direct financial benefit the nonauthority governing body member expects to
2273 receive from development of authority jurisdictional land.
2274 (d) A nonauthority governing body member required under Subsection (8)(b) to submit
2275 a written disclosure shall submit the disclosure no later than 30 days after:
2276 (i) the nonauthority governing body member:
2277 (A) acquires an ownership or financial interest in property that is part of the authority
2278 jurisdictional land; or
2279 (B) first knows that the nonauthority governing body member expects to receive a
2280 direct financial benefit from the development of authority jurisdictional land; or
2281 (ii) the effective date of this Subsection (8), if that date is later than the period
2282 described in Subsection (8)(d)(i).
2283 (e) A written disclosure submitted under this Subsection (8) is a public record.
2284 (9) (a) The authority may request and, upon request, shall receive:
2285 (i) fuel dispensing and motor pool services provided by the Division of Fleet
2286 Operations;
2287 (ii) surplus property services provided by the Division of Purchasing and General
2288 Services;
2289 (iii) information technology services provided by the Division of Technology Services;
2290 (iv) archive services provided by the Division of Archives and Records Service;
2291 (v) financial services provided by the Division of Finance;
2292 (vi) human resources services provided by the Division of Human Resource
2293 Management;
2294 (vii) legal services provided by the Office of the Attorney General; and
2295 (viii) banking services provided by the Office of the State Treasurer.
2296 (b) Nothing in Subsection (9)(a) may be construed to relieve the authority of the
2297 obligation to pay the applicable fee for the service provided.
2298 (10) (a) To govern authority procurements, the board shall adopt a procurement policy
2299 that the board determines to be substantially consistent with applicable provisions of Title 63G,
2300 Chapter 6a, Utah Procurement Code.
2301 (b) The board may delegate to the executive director the responsibility to adopt a
2302 procurement policy.
2303 (c) The board's determination under Subsection (10)(a) of substantial consistency is
2304 final and conclusive.
2305 Section 39. Section 11-59-102 is amended to read:
2306 11-59-102. Definitions.
2307 As used in this chapter:
2308 (1) "Authority" means the Point of the Mountain State Land Authority, created in
2309 Section 11-59-201.
2310 (2) "Board" means the authority's board, created in Section 11-59-301.
2311 (3) "Development":
2312 (a) means the construction, reconstruction, modification, expansion, or improvement of
2313 a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or
2314 other facility, including:
2315 (i) the demolition or preservation or repurposing of a building, infrastructure, or other
2316 facility;
2317 (ii) surveying, testing, locating existing utilities and other infrastructure, and other
2318 preliminary site work; and
2319 (iii) any associated planning, design, engineering, and related activities; and
2320 (b) includes all activities associated with:
2321 (i) marketing and business recruiting activities and efforts;
2322 (ii) leasing, or selling or otherwise disposing of, all or any part of the point of the
2323 mountain state land; and
2324 (iii) planning and funding for mass transit infrastructure to service the point of the
2325 mountain state land.
2326 (4) "Facilities division" means the Division of Facilities Construction and
2327 Management, created in Section 63A-5b-301.
2328 (5) "New correctional facility" means the state correctional facility being developed in
2329 Salt Lake City to replace the state correctional facility in Draper.
2330 (6) "Point of the mountain state land" means the approximately 700 acres of
2331 state-owned land in Draper, including land used for the operation of a state correctional facility
2332 until completion of the new correctional facility and state-owned land in the vicinity of the
2333 current state correctional facility.
2334 (7) "Public entity" means:
2335 (a) the state, including each department, division, or other agency of the state; or
2336 (b) a county, city, town, [
2337 service district, interlocal cooperation entity, community reinvestment agency, or other political
2338 subdivision of the state, including the authority.
2339 (8) "Publicly owned infrastructure and improvements":
2340 (a) means infrastructure, improvements, facilities, or buildings that:
2341 (i) benefit the public; and
2342 (ii) (A) are owned by a public entity or a utility; or
2343 (B) are publicly maintained or operated by a public entity; and
2344 (b) includes:
2345 (i) facilities, lines, or systems that provide:
2346 (A) water, chilled water, or steam; or
2347 (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
2348 microgrids, or telecommunications service;
2349 (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
2350 facilities, and public transportation facilities; and
2351 (iii) greenspace, parks, trails, recreational amenities, or other similar facilities.
2352 (9) "Taxing entity" means the same as that term is defined in Section 59-2-102.
2353 Section 40. Section 11-61-102 is amended to read:
2354 11-61-102. Definitions.
2355 As used in this chapter:
2356 (1) "Expressive activity" means:
2357 (a) peacefully assembling, protesting, or speaking;
2358 (b) distributing literature;
2359 (c) carrying a sign; or
2360 (d) signature gathering or circulating a petition.
2361 (2) "Generally applicable time, place, and manner restriction" means a content-neutral
2362 ordinance, policy, practice, or other action that:
2363 (a) by its clear language and intent, restricts or infringes on expressive activity;
2364 (b) applies generally to any person; and
2365 (c) is not an individually applicable time, place, and manner restriction.
2366 (3) (a) "Individually applicable time, place, and manner restriction" means a
2367 content-neutral policy, practice, or other action:
2368 (i) that restricts or infringes on expressive activity; and
2369 (ii) that a political subdivision applies:
2370 (A) on a case-by-case basis;
2371 (B) to a specifically identified person or group of persons; and
2372 (C) regarding a specifically identified place and time.
2373 (b) "Individually applicable time, place, and manner restriction" includes a restriction
2374 placed on expressive activity as a condition to obtain a permit.
2375 (4) (a) "Political subdivision" means a county, city, or town[
2376 (b) "Political subdivision" does not mean:
2377 (i) a special district under Title 17B, Limited Purpose Local Government Entities -
2378 Special Districts;
2379 (ii) a special service district under Title 17D, Chapter 1, Special Service District Act;
2380 or
2381 (iii) a school district under Title 53G, Chapter 3, School District Creation and Change.
2382 (5) (a) "Public building" means a building or permanent structure that is:
2383 (i) owned, leased, or occupied by a political subdivision or a subunit of a political
2384 subdivision;
2385 (ii) open to public access in whole or in part; and
2386 (iii) used for public education or political subdivision activities.
2387 (b) "Public building" does not mean:
2388 (i) a building owned or leased by a political subdivision or a subunit of a political
2389 subdivision:
2390 (A) that is closed to public access;
2391 (B) where state or federal law restricts expressive activity; or
2392 (C) when the building is used by a person, in whole or in part, for a private function; or
2393 (ii) a public school.
2394 (6) (a) "Public grounds" means the area outside a public building that is a traditional
2395 public forum where members of the public may safely gather to engage in expressive activity.
2396 (b) "Public grounds" includes sidewalks, streets, and parks.
2397 (c) "Public grounds" does not include the interior of a public building.
2398 Section 41. Section 11-63-102 is amended to read:
2399 11-63-102. Definitions.
2400 As used in this chapter:
2401 (1) "Commercial trampoline" means a device that:
2402 (a) incorporates a trampoline bed; and
2403 (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a
2404 trampoline park.
2405 (2) "Emergency response plan" means a written plan of action for the reasonable and
2406 appropriate contact, deployment, and coordination of services, agencies, and personnel to
2407 provide the earliest possible response to an injury or emergency.
2408 (3) "Inherent risk" means a danger or condition that is an integral part of an activity
2409 occurring at a trampoline park.
2410 (4) "Inspection" means a procedure that an inspector conducts to:
2411 (a) determine whether a trampoline park facility, including any device or material, is
2412 constructed, assembled, maintained, tested, and operated in accordance with this chapter and
2413 the manufacturer's recommendations;
2414 (b) determine the operational safety of a trampoline park facility, including any device
2415 or material; and
2416 (c) determine whether the trampoline park's policies and procedures comply with this
2417 chapter.
2418 (5) "Inspector" means an individual who:
2419 (a) conducts an inspection of a trampoline park to certify compliance with this chapter
2420 and industry safety standards; and
2421 (b) (i) is certified by:
2422 (A) an organization that develops and publishes consensus standards for a wide range
2423 of materials, products, systems, and services that are used for trampolines; or
2424 (B) an organization that promotes trampoline park safety and adopts the standards
2425 described in Subsection (5)(b)(i)(A);
2426 (ii) represents the insurer of the trampoline park;
2427 (iii) represents or is certified by a department or agency, regardless of whether the
2428 agency is located within the state, that:
2429 (A) inspects amusement and recreational facilities and equipment; and
2430 (B) certifies and trains professional private industry inspectors through written testing
2431 and continuing education requirements; or
2432 (iv) represents an organization that the United States Olympic Committee designates as
2433 the national governing body for gymnastics.
2434 (6) "Local regulating authority" means the business licensing division of:
2435 (a) the city[
2436 (b) if the trampoline park is located in an unincorporated area, the county.
2437 (7) "Operator" means a person who owns, manages, or controls or who has the duty to
2438 manage or control the operation of a trampoline park.
2439 (8) "Participant" means an individual that uses trampoline park equipment.
2440 (9) "Trampoline bed" means the flexible surface of a trampoline on which a user jumps
2441 or bounces.
2442 (10) "Trampoline court" means an area of a trampoline park comprising:
2443 (a) multiple commercial trampolines; or
2444 (b) at least one commercial trampoline and at least one associated foam or inflatable
2445 bag pit.
2446 (11) "Trampoline park" means a place of business that offers the recreational use of a
2447 trampoline court for a fee.
2448 Section 42. Section 11-65-101 is amended to read:
2449 11-65-101. Definitions.
2450 As used in this chapter:
2451 (1) "Adjacent political subdivision" means a political subdivision of the state with a
2452 boundary that abuts the lake authority boundary or includes lake authority land.
2453 (2) "Board" means the lake authority's governing body, created in Section 11-65-301.
2454 (3) "Lake authority" means the Utah Lake Authority, created in Section 11-65-201.
2455 (4) "Lake authority boundary" means the boundary:
2456 (a) defined by recorded boundary settlement agreements between private landowners
2457 and the Division of Forestry, Fire, and State Lands; and
2458 (b) that separates privately owned land from Utah Lake sovereign land.
2459 (5) "Lake authority land" means land on the lake side of the lake authority boundary.
2460 (6) "Management" means work to coordinate and facilitate the improvement of Utah
2461 Lake, including work to enhance the long-term viability and health of Utah Lake and to
2462 produce economic, aesthetic, recreational, environmental, and other benefits for the state,
2463 consistent with the strategies, policies, and objectives described in this chapter.
2464 (7) "Management plan" means a plan to conceptualize, design, facilitate, coordinate,
2465 encourage, and bring about the management of the lake authority land to achieve the policies
2466 and objectives described in Section 11-65-203.
2467 (8) "Nonvoting member" means an individual appointed as a member of the board
2468 under Subsection 11-65-302(6) who does not have the power to vote on matters of lake
2469 authority business.
2470 (9) "Project area" means an area that is identified in a project area plan as the area
2471 where the management described in the project area plan will occur.
2472 (10) "Project area budget" means a multiyear projection of annual or cumulative
2473 revenues and expenses and other fiscal matters pertaining to a project area.
2474 (11) "Project area plan" means a written plan that, after the plan's effective date,
2475 manages activity within a project area within the scope of a management plan.
2476 (12) "Public entity" means:
2477 (a) the state, including each department, division, or other agency of the state; or
2478 (b) a county, city, town, [
2479 service district, interlocal cooperation entity, community reinvestment agency, or other political
2480 subdivision of the state.
2481 (13) "Publicly owned infrastructure and improvements":
2482 (a) means infrastructure, improvements, facilities, or buildings that:
2483 (i) benefit the public; and
2484 (ii) (A) are owned by a public entity or a utility; or
2485 (B) are publicly maintained or operated by a public entity;
2486 (b) includes:
2487 (i) facilities, lines, or systems that provide:
2488 (A) water, chilled water, or steam; or
2489 (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
2490 microgrids, or telecommunications service; and
2491 (ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking
2492 facilities, and public transportation facilities.
2493 (14) "Sovereign land" means land:
2494 (a) lying below the ordinary high water mark of a navigable body of water at the date
2495 of statehood; and
2496 (b) owned by the state by virtue of the state's sovereignty.
2497 (15) "Utah Lake" includes all waters of Utah Lake and all land, whether or not
2498 submerged under water, within the lake authority boundary.
2499 (16) "Voting member" means an individual appointed as a member of the board under
2500 Subsection 11-65-302(2).
2501 Section 43. Section 11-66-101 is amended to read:
2502 11-66-101. Limits on regulation of all-terrain vehicles.
2503 (1) As used in this chapter:
2504 (a) "Political subdivision" means:
2505 (i) a city[
2506 (ii) a county, as it relates to the licensing and regulation of businesses in the
2507 unincorporated area of the county.
2508 (b) "Street-legal ATV" means any all-terrain type vehicle that meets the requirements,
2509 including the registration, inspection, and license plate requirements, of being a street-legal
2510 ATV as described in Section 41-6a-1509.
2511 (2) For any business, including a business that rents one or more street-legal ATVs, a
2512 political subdivision may not as a condition of the business obtaining or maintaining a business
2513 license or permit:
2514 (a) require any additional inspection, registration, or license plate requirements,
2515 including requiring any additional sticker or other identifying mark, for any street-legal ATV
2516 owned or rented by the business;
2517 (b) require any equipment modifications of a street-legal ATV owned or rented by the
2518 business; or
2519 (c) limit the amount of street-legal ATVs owned or rented by the business.
2520 (3) A political subdivision may not revoke or fail to renew a business license or permit
2521 of a business based on the violation of a traffic ordinance or other local ordinance by any
2522 customer of the business operating a street-legal ATV.
2523 (4) A political subdivision may not enact or enforce an unreasonable noise ordinance
2524 that imposes a fine or other penalty for the operation of a street-legal ATV.
2525 Section 44. Section 15A-5-202.5 is amended to read:
2526 15A-5-202.5. Amendments and additions to Chapters 3 and 4 of IFC.
2527 (1) For IFC, Chapter 3, General Requirements:
2528 (a) IFC, Chapter 3, Section 304.1.2, Vegetation, is amended as follows: Delete line six
2529 and replace it with: "Utah Administrative Code, R652-122-1300, Minimum Standards for
2530 County Wildland Fire Ordinance".
2531 (b) IFC, Chapter 3, Section 310.8, Hazardous environmental conditions, is deleted and
2532 rewritten as follows: "1. When the fire code official determines that existing or historical
2533 hazardous environmental conditions necessitate controlled use of any ignition source, including
2534 fireworks, lighters, matches, sky lanterns, and smoking materials, any of the following may
2535 occur:
2536 1.1. If the existing or historical hazardous environmental conditions exist in a
2537 municipality, the legislative body of the municipality may prohibit the ignition or use of an
2538 ignition source in:
2539 1.1.1. mountainous, brush-covered, forest-covered, or dry grass-covered areas;
2540 1.1.2. within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas;
2541 1.1.3. the wildland urban interface area, which means the line, area, or zone where
2542 structures or other human development meet or intermingle with undeveloped wildland or land
2543 being used for an agricultural purpose; or
2544 1.1.4. a limited area outside the hazardous areas described in this paragraph 1.1 to
2545 facilitate a readily identifiable closed area, in accordance with paragraph 2.
2546 1.2. If the existing or historical hazardous environmental conditions exist in an
2547 unincorporated area, the state forester may prohibit the ignition or use of an ignition source in
2548 all or part of the areas described in paragraph 1.1 that are within the unincorporated area, after
2549 consulting with the county fire code official who has jurisdiction over that area.
2550 [
2551
2552
2553
2554
2555 2. If a municipal legislative body[
2556
2557 body or state forester shall:
2558 2.1. designate the closed area along readily identifiable features like major roadways,
2559 waterways, or geographic features;
2560 2.2. ensure that the boundary of the designated closed area is as close as is practical to
2561 the defined hazardous area, provided that the closed area may include areas outside of the
2562 hazardous area to facilitate a readily identifiable line; and
2563 2.3. identify the closed area through a written description or map that is readily
2564 available to the public.
2565 3. A municipal legislative body[
2566
2567 environmental condition under paragraph 1 if the legislative body or state forester:
2568 3.1. makes a finding that the historical hazardous environmental condition has existed
2569 in the defined area before July 1 of at least two of the preceding five years;
2570 3.2. produces a map indicating the boundaries, in accordance with paragraph 2, of the
2571 defined area described; and
2572 3.3. before May 1 of each year the defined area is closed, provides the map described
2573 in paragraph 3.2 to the county in which the defined area is located.
2574 4. A municipal legislative body[
2575
2576 environmental condition unless the legislative body or state forester provides a map, in
2577 accordance with paragraph 3."
2578 (c) IFC, Chapter 3, Section 311.1.1, Abandoned premises, is amended as follows: On
2579 line 10 delete the words "International Property Maintenance Code and the".
2580 (d) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete
2581 the word "shall" and replace it with the word "may".
2582 (2) IFC, Chapter 4, Emergency Planning and Preparedness:
2583 (a) In IFC, Chapter 4, the following new Sections are added:
2584 "401.3.1.1 Special Education Classrooms. Special education classrooms may shelter in
2585 place, or delay evacuation when all of the following conditions are met:
2586 401.3.1.1.1 There is no visible flame or evidence of products of combustion (smoke).
2587 401.3.1.1.2 The building is completely protected by an approved fire sprinkler system.
2588 401.3.1.1.3 The building is completely protected by an approved fire alarm system.
2589 401.3.1.1.4 The classroom has a minimum of one approved exit that discharges
2590 directly to the exterior.
2591 401.3.1.1.5 The classroom has been approved to shelter in place by the fire code
2592 official."
2593 (b) In IFC, Chapter 4, Section 401.3.3, Delayed notification, a new exception is added:
2594 "Exception: Group E Occupancies. Teachers may delay evacuation upon fire alarm
2595 activation for up to 60 seconds when all of the following conditions are met:
2596 A. There is no visible flame or evidence of products of combustion (smoke).
2597 B. The building is protected throughout by an approved fire sprinkler system.
2598 C. The building is protected throughout by an approved fire alarm system.
2599 D. Students are in the safe zone of the room lined up and prepared for immediate
2600 evacuation."
2601 (c) IFC, Chapter 4, Section 403.9.2.1, College and university buildings, is deleted and
2602 replaced with the following:
2603 "403.9.2.1 College and university buildings and fraternity and sorority houses.
2604 (i) College and university buildings, including fraternity and sorority houses, shall
2605 prepare an approved fire safety and evacuation plan, in accordance with Section 404.
2606 (ii) Group R-2 college and university buildings, including fraternity and sorority
2607 houses, shall comply with Sections 403.9.2.1.1 and 403.9.2.1.2."
2608 (d) IFC, Chapter 4, Section 405.3, Table 405.3, is amended to add the following
2609 footnotes:
2610 (i) "c. Secondary schools in Group E occupancies shall have an emergency evacuation
2611 drill conducted at least every two months, to a total of four emergency evacuation drills during
2612 the nine-month school year. The first emergency evacuation drill shall be conducted within 10
2613 school days after the beginning of classes. The third emergency evacuation drill, weather
2614 permitting, shall be conducted 10 school days after the beginning of the next calendar year. The
2615 second and fourth emergency evacuation drills may be substituted by a security or safety drill
2616 to include shelter in place, earthquake drill, or lock down for violence. If inclement weather
2617 causes a secondary school to miss the 10-day deadline for the third emergency evacuation drill,
2618 the secondary school shall perform the third emergency evacuation drill as soon as practicable
2619 after the missed deadline."
2620 (ii) "d. In Group E occupancies, excluding secondary schools, if the AHJ approves, the
2621 monthly required emergency evacuation drill can be substituted by a security or safety drill to
2622 include shelter in place, earthquake drill, or lock down for violence. The routine emergency
2623 evacuation drill must be conducted at least every other drill."
2624 (iii) "e. A-3 occupancies in academic buildings of institutions of higher learning are
2625 required to have one emergency evacuation drill per year, provided the following conditions are
2626 met:
2627 (A) The building has a fire alarm system in accordance with Section 907.2.
2628 (B) The rooms classified as assembly shall have fire safety floor plans as required in
2629 Subsection 404.2.2(4) posted.
2630 (C) The building is not classified a high-rise building.
2631 (D) The building does not contain hazardous materials over the allowable quantities by
2632 code."
2633 Section 45. Section 17-2-209 is amended to read:
2634 17-2-209. Minor adjustments to county boundaries authorized -- Public hearing
2635 -- Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor --
2636 Recording requirements -- Effective date.
2637 (1) (a) Counties sharing a common boundary may, in accordance with the provisions of
2638 Subsection (2) and Article XI, Section 3, of the Utah Constitution and for purposes of real
2639 property tax assessment and county record keeping, adjust all or part of the common boundary
2640 to move it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with,
2641 the closest existing property boundary of record.
2642 (b) A boundary adjustment under Subsection (1)(a) may not create a boundary line that
2643 divides or splits:
2644 (i) an existing parcel;
2645 (ii) an interest in the property; or
2646 (iii) a claim of record in the office of recorder of either county sharing the common
2647 boundary.
2648 (2) The legislative bodies of both counties desiring to adjust a common boundary in
2649 accordance with Subsection (1) shall:
2650 (a) hold a joint public hearing on the proposed boundary adjustment;
2651 (b) at least seven days before the public hearing described in Subsection (2)(a), provide
2652 written notice of the proposed adjustment to:
2653 (i) each owner of real property whose property, or a portion of whose property, may
2654 change counties as the result of the proposed adjustment; and
2655 (ii) any of the following whose territory, or a portion of whose territory, may change
2656 counties as the result of the proposed boundary adjustment, or whose boundary is aligned with
2657 any portion of the existing county boundary that is being proposed for adjustment:
2658 (A) a city;
2659 (B) a town;
2660 [
2661 [
2662 [
2663 Entities - Special Districts;
2664 [
2665 District Act;
2666 [
2667 Act;
2668 [
2669 Local Government Entities - Community Reinvestment Agency Act;
2670 [
2671 Authority Act; and
2672 [
2673 Act; and
2674 (c) adopt a joint resolution approved by both county legislative bodies approving the
2675 proposed boundary adjustment.
2676 (3) The legislative bodies of both counties adopting a joint resolution under Subsection
2677 (2)(c) shall:
2678 (a) within 15 days after adopting the joint resolution, jointly send to the lieutenant
2679 governor:
2680 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
2681 that meets the requirements of Subsection 67-1a-6.5(3); and
2682 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
2683 (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
2684 under Section 67-1a-6.5, jointly submit to the recorder of the county in which the property is
2685 located after the boundary adjustment:
2686 (i) the original notice of an impending boundary action;
2687 (ii) the original certificate of boundary adjustment;
2688 (iii) the original approved final local entity plat; and
2689 (iv) a certified copy of the joint resolution approving the boundary adjustment.
2690 (4) (a) As used in this Subsection (4):
2691 (i) "Affected area" means an area that, as a result of a boundary adjustment under this
2692 section, is moved from within the boundary of one county to within the boundary of another
2693 county.
2694 (ii) "Receiving county" means a county whose boundary includes an affected area as a
2695 result of a boundary adjustment under this section.
2696 (b) A boundary adjustment under this section takes effect on the date the lieutenant
2697 governor issues a certificate of boundary adjustment under Section 67-1a-6.5.
2698 (c) (i) The effective date of a boundary adjustment for purposes of assessing property
2699 within an affected area is governed by Section 59-2-305.5.
2700 (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
2701 recorder of the county in which the property is located, a receiving county may not:
2702 (A) levy or collect a property tax on property within an affected area;
2703 (B) levy or collect an assessment on property within an affected area; or
2704 (C) charge or collect a fee for service provided to property within an affected area.
2705 (5) Upon the effective date of a boundary adjustment under this section:
2706 (a) all territory designated to be adjusted into another county becomes the territory of
2707 the other county; and
2708 (b) the provisions of Sections 17-2-207 and 17-2-208 apply in the same manner as with
2709 an annexation under this part.
2710 Section 46. Section 17-23-17 is amended to read:
2711 17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking
2712 of monuments -- Record of corner changes -- Penalties.
2713 (1) As used in this section:
2714 (a) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
2715 state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
2716 Surveyors Licensing Act.
2717 (b) [
2718 in common surveyor practice.
2719 [
2720
2721 (2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
2722 establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
2723 a boundary line shall file a map of the survey that meets the requirements of this section with
2724 the county surveyor or designated office within 90 days of the establishment or reestablishment
2725 of a boundary.
2726 (ii) A land surveyor who fails to file a map of the survey as required by Subsection
2727 (2)(a)(i) is guilty of an infraction.
2728 (iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
2729 separate violation.
2730 (b) The county surveyor or designated office shall file and index the map of the survey.
2731 (c) The map shall be a public record in the office of the county surveyor or designated
2732 office.
2733 (3) This type of map shall show:
2734 (a) the location of survey by quarter section and township and range;
2735 (b) the date of survey;
2736 (c) the scale of drawing and north point;
2737 (d) the distance and course of all lines traced or established, giving the basis of bearing
2738 and the distance and course to two or more section corners or quarter corners, including
2739 township and range, or to identified monuments within a recorded subdivision;
2740 (e) all measured bearings, angles, and distances separately indicated from those of
2741 record;
2742 (f) a written boundary description of property surveyed;
2743 (g) all monuments set and their relation to older monuments found;
2744 (h) a detailed description of monuments found and monuments set, indicated
2745 separately;
2746 (i) the surveyor's seal or stamp; and
2747 (j) the surveyor's business name and address.
2748 (4) (a) The map shall contain a written narrative that explains and identifies:
2749 (i) the purpose of the survey;
2750 (ii) the basis on which the lines were established; and
2751 (iii) the found monuments and deed elements that controlled the established or
2752 reestablished lines.
2753 (b) If the narrative is a separate document, it shall contain:
2754 (i) the location of the survey by quarter section and by township and range;
2755 (ii) the date of the survey;
2756 (iii) the surveyor's stamp or seal; and
2757 (iv) the surveyor's business name and address.
2758 (c) The map and narrative shall be referenced to each other if they are separate
2759 documents.
2760 (5) The map and narrative shall be created on material of a permanent nature on stable
2761 base reproducible material in the sizes required by the county surveyor.
2762 (6) (a) Any monument set by a licensed professional land surveyor to mark or reference
2763 a point on a property or land line shall be durably and visibly marked or tagged with the
2764 registered business name or the letters "L.S." followed by the registration number of the
2765 surveyor in charge.
2766 (b) If the monument is set by a licensed land surveyor who is a public officer, it shall
2767 be marked with the official title of the office.
2768 (7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the
2769 section corner or quarter-section corner, or their accessories, the surveyor shall complete and
2770 submit to the county surveyor or designated office a record of the changes made.
2771 (b) The record shall be submitted within 45 days of the corner visits and shall include
2772 the surveyor's seal, business name, and address.
2773 (8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
2774 license of any land surveyor who fails to comply with the requirements of this section,
2775 according to the procedures set forth in Title 58, Chapter 1, Division of Professional Licensing
2776 Act.
2777 (9) Each federal or state agency, board, or commission, special district, special service
2778 district, or municipal corporation that makes a boundary survey of lands within this state shall
2779 comply with this section.
2780 Section 47. Section 17-23-17.5 is amended to read:
2781 17-23-17.5. Corner perpetuation and filing -- Definitions -- Establishment of
2782 corner file -- Preservation of map records -- Filing fees -- Exemptions.
2783 (1) As used in this section:
2784 (a) "Accessory to a corner" means any exclusively identifiable physical object whose
2785 spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing
2786 objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles,
2787 steel or wooden stakes, or other objects.
2788 (b) "Corner," unless otherwise qualified, means a property corner, a property
2789 controlling corner, a public land survey corner, or any combination of these.
2790 (c) "Geographic coordinates" means mathematical values that designate a position on
2791 the earth relative to a given reference system. Coordinates shall be established pursuant to
2792 Title 57, Chapter 10, Utah Coordinate System.
2793 (d) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
2794 state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
2795 Surveyors Licensing Act.
2796 (e) "Monument" means an accessory that is presumed to occupy the exact position of a
2797 corner.
2798 (f) "Property controlling corner" means a public land survey corner or any property
2799 corner which does not lie on a property line of the property in question, but which controls the
2800 location of one or more of the property corners of the property in question.
2801 (g) "Property corner" means a geographic point of known geographic coordinates on
2802 the surface of the earth, and is on, a part of, and controls a property line.
2803 (h) "Public land survey corner" means any corner actually established and monumented
2804 in an original survey or resurvey used as a basis of legal descriptions for issuing a patent for the
2805 land to a private person from the United States government.
2806 (i) "Reference monument" means a special monument that does not occupy the same
2807 geographical position as the corner itself, but whose spatial relationship to the corner is
2808 recorded and which serves to witness the corner.
2809 (j) [
2810 in common surveyor practice.
2811 [
2812
2813 (2) (a) Any land surveyor making a boundary survey of lands within this state and
2814 utilizing a corner shall, within 90 days, complete, sign, and file with the county surveyor of the
2815 county where the corner is situated, a written record to be known as a corner file for every
2816 public land survey corner and accessory to the corner which is used as control in any survey by
2817 the surveyor, unless the corner and its accessories are already a matter of record in the county.
2818 (b) Where reasonably possible, the corner file shall include the geographic coordinates
2819 of the corner.
2820 (c) A surveyor may file a corner record as to any property corner, reference monument,
2821 or accessory to a corner.
2822 (d) Corner records may be filed concerning corners used before the effective date of
2823 this section.
2824 (3) The county surveyor of the county containing the corners shall have on record as
2825 part of the official files maps of each township within the county, the bearings and lengths of
2826 the connecting lines to government corners, and government corners looked for and not found.
2827 (4) The county surveyor shall make these records available for public inspection at the
2828 county facilities during normal business hours.
2829 (5) Filing fees for corner records shall be established by the county legislative body
2830 consistent with existing fees for similar services. All corners, monuments, and their
2831 accessories used prior to the effective date of this section shall be accepted and filed with the
2832 county surveyor without requiring the payment of the fees.
2833 (6) When a corner record of a public land survey corner is required to be filed under
2834 the provisions of this section and the monument needs to be reconstructed or rehabilitated, the
2835 land surveyor shall contact the county surveyor in accordance with Section 17-23-14.
2836 (7) A corner record may not be filed unless it is signed by a land surveyor.
2837 (8) All filings relative to official cadastral surveys of the Bureau of Land Management
2838 of the United States of America performed by authorized personnel shall be exempt from filing
2839 fees.
2840 Section 48. Section 17-36-29 is amended to read:
2841 17-36-29. Special fund ceases -- Transfer.
2842 (1) (a) Except as provided in Subsection (1)(b), if a county legislative body determines
2843 that the purpose no longer exists for which the legislative body created a special fund or any
2844 portion of the special fund, the legislative body may authorize the transfer of the remaining
2845 balance or a portion of the remaining balance to the fund balance account in the county general
2846 fund.
2847 (b) The legislative body may redistribute the remaining balance or a portion of the
2848 remaining balance described in Subsection (1)(a) in accordance with Subsection (1)(c) if:
2849 (i) the county levied the fund primarily on property in the unincorporated areas of the
2850 county;
2851 (ii) the county established a municipal services fund to provide municipal services
2852 under Sections 17-34-1 and 17-36-9; and
2853 (iii) the area from which the county levied the fund has since incorporated as a city[
2854 or town[
2855 (c) The legislative body of a county described in Subsection (1)(b) may set aside the
2856 remaining balance or a portion of the remaining balance described in Subsection (1)(a) in a
2857 fund from which the county may make disbursements to support and benefit the area and the
2858 residents in the area from which the county originally derived the special fund.
2859 (2) Any balance which remains in a special assessment fund and any unrequired
2860 balance in a special improvement guaranty fund shall be treated as provided in Subsection
2861 11-42-701(5).
2862 (3) Any balance which remains in a capital projects fund shall be transferred to the
2863 appropriate debt service fund or such other fund as the bond ordinance requires or to the county
2864 general fund balance account.
2865 Section 49. Section 17B-1-102 is amended to read:
2866 17B-1-102. Definitions.
2867 As used in this title:
2868 (1) "Appointing authority" means the person or body authorized to make an
2869 appointment to the board of trustees.
2870 (2) "Basic special district":
2871 (a) means a special district that is not a specialized special district; and
2872 (b) includes an entity that was, under the law in effect before April 30, 2007, created
2873 and operated as a special district, as defined under the law in effect before April 30, 2007.
2874 (3) "Bond" means:
2875 (a) a written obligation to repay borrowed money, whether denominated a bond, note,
2876 warrant, certificate of indebtedness, or otherwise; and
2877 (b) a lease agreement, installment purchase agreement, or other agreement that:
2878 (i) includes an obligation by the district to pay money; and
2879 (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
2880 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
2881 Act.
2882 (4) "Cemetery maintenance district" means a special district that operates under and is
2883 subject to the provisions of this chapter and Chapter 2a, Part1, Cemetery Maintenance District
2884 Act, including an entity that was created and operated as a cemetery maintenance district under
2885 the law in effect before April 30, 2007.
2886 (5) "Drainage district" means a special district that operates under and is subject to the
2887 provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
2888 was created and operated as a drainage district under the law in effect before April 30, 2007.
2889 (6) "Facility" or "facilities" includes any structure, building, system, land, water right,
2890 water, or other real or personal property required to provide a service that a special district is
2891 authorized to provide, including any related or appurtenant easement or right-of-way,
2892 improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
2893 (7) "Fire protection district" means a special district that operates under and is subject
2894 to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including
2895 an entity that was created and operated as a fire protection district under the law in effect before
2896 April 30, 2007.
2897 (8) "General obligation bond":
2898 (a) means a bond that is directly payable from and secured by ad valorem property
2899 taxes that are:
2900 (i) levied:
2901 (A) by the district that issues the bond; and
2902 (B) on taxable property within the district; and
2903 (ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
2904 and
2905 (b) does not include:
2906 (i) a short-term bond;
2907 (ii) a tax and revenue anticipation bond; or
2908 (iii) a special assessment bond.
2909 (9) "Improvement assurance" means a surety bond, letter of credit, cash, or other
2910 security:
2911 (a) to guarantee the proper completion of an improvement;
2912 (b) that is required before a special district may provide a service requested by a
2913 service applicant; and
2914 (c) that is offered to a special district to induce the special district before construction
2915 of an improvement begins to:
2916 (i) provide the requested service; or
2917 (ii) commit to provide the requested service.
2918 (10) "Improvement assurance warranty" means a promise that the materials and
2919 workmanship of an improvement:
2920 (a) comply with standards adopted by a special district; and
2921 (b) will not fail in any material respect within an agreed warranty period.
2922 (11) "Improvement district" means a special district that operates under and is subject
2923 to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
2924 entity that was created and operated as a county improvement district under the law in effect
2925 before April 30, 2007.
2926 (12) "Irrigation district" means a special district that operates under and is subject to
2927 the provisions of this chapter and Chapter 2a, Part5, Irrigation District Act, including an entity
2928 that was created and operated as an irrigation district under the law in effect before April 30,
2929 2007.
2930 (13) "Metropolitan water district" means a special district that operates under and is
2931 subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
2932 Act, including an entity that was created and operated as a metropolitan water district under the
2933 law in effect before April 30, 2007.
2934 (14) "Mosquito abatement district" means a special district that operates under and is
2935 subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
2936 Act, including an entity that was created and operated as a mosquito abatement district under
2937 the law in effect before April 30, 2007.
2938 (15) "Municipal" means of or relating to a municipality.
2939 (16) "Municipality" means a city[
2940 (17) "Municipal services district" means a special district that operates under and is
2941 subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District
2942 Act.
2943 (18) "Person" means an individual, corporation, partnership, organization, association,
2944 trust, governmental agency, or other legal entity.
2945 (19) "Political subdivision" means a county, city, town, [
2946 district under this title, special service district under Title 17D, Chapter 1, Special Service
2947 District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13,
2948 Interlocal Cooperation Act, or any other governmental entity designated in statute as a political
2949 subdivision of the state.
2950 (20) "Private," with respect to real property, means not owned by the United States or
2951 any agency of the federal government, the state, a county, or a political subdivision.
2952 (21) "Public entity" means:
2953 (a) the United States or an agency of the United States;
2954 (b) the state or an agency of the state;
2955 (c) a political subdivision of the state or an agency of a political subdivision of the
2956 state;
2957 (d) another state or an agency of that state; or
2958 (e) a political subdivision of another state or an agency of that political subdivision.
2959 (22) "Public transit district" means a special district that operates under and is subject
2960 to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including
2961 an entity that was created and operated as a public transit district under the law in effect before
2962 April 30, 2007.
2963 (23) "Revenue bond":
2964 (a) means a bond payable from designated taxes or other revenues other than the
2965 special district's ad valorem property taxes; and
2966 (b) does not include:
2967 (i) an obligation constituting an indebtedness within the meaning of an applicable
2968 constitutional or statutory debt limit;
2969 (ii) a tax and revenue anticipation bond; or
2970 (iii) a special assessment bond.
2971 (24) "Rules of order and procedure" means a set of rules that govern and prescribe in a
2972 public meeting:
2973 (a) parliamentary order and procedure;
2974 (b) ethical behavior; and
2975 (c) civil discourse.
2976 (25) "Service applicant" means a person who requests that a special district provide a
2977 service that the special district is authorized to provide.
2978 (26) "Service area" means a special district that operates under and is subject to the
2979 provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
2980 created and operated as a county service area or a regional service area under the law in effect
2981 before April 30, 2007.
2982 (27) "Short-term bond" means a bond that is required to be repaid during the fiscal year
2983 in which the bond is issued.
2984 (28) "Special assessment" means an assessment levied against property to pay all or a
2985 portion of the costs of making improvements that benefit the property.
2986 (29) "Special assessment bond" means a bond payable from special assessments.
2987 (30) "Special district" means a limited purpose local government entity, as described in
2988 Section 17B-1-103, that operates under, is subject to, and has the powers described in:
2989 (a) this chapter; or
2990 (b) (i) this chapter; and
2991 (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
2992 (B) Chapter 2a, Part 2, Drainage District Act;
2993 (C) Chapter 2a, Part 3, Fire Protection District Act;
2994 (D) Chapter 2a, Part 4, Improvement District Act;
2995 (E) Chapter 2a, Part 5, Irrigation District Act;
2996 (F) Chapter 2a, Part 6, Metropolitan Water District Act;
2997 (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
2998 (H) Chapter 2a, Part 8, Public Transit District Act;
2999 (I) Chapter 2a, Part 9, Service Area Act;
3000 (J) Chapter 2a, Part 10, Water Conservancy District Act; or
3001 (K) Chapter 2a, Part 11, Municipal Services District Act.
3002 (31) "Specialized special district" means a special district that is a cemetery
3003 maintenance district, a drainage district, a fire protection district, an improvement district, an
3004 irrigation district, a metropolitan water district, a mosquito abatement district, a public transit
3005 district, a service area, a water conservancy district, a municipal services district, or a public
3006 infrastructure district.
3007 (32) "Taxable value" means the taxable value of property as computed from the most
3008 recent equalized assessment roll for county purposes.
3009 (33) "Tax and revenue anticipation bond" means a bond:
3010 (a) issued in anticipation of the collection of taxes or other revenues or a combination
3011 of taxes and other revenues; and
3012 (b) that matures within the same fiscal year as the fiscal year in which the bond is
3013 issued.
3014 (34) "Unincorporated" means not included within a municipality.
3015 (35) "Water conservancy district" means a special district that operates under and is
3016 subject to the provisions of this chapter and Chapter 2a, Part10, Water Conservancy District
3017 Act, including an entity that was created and operated as a water conservancy district under the
3018 law in effect before April 30, 2007.
3019 (36) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel,
3020 power plant, and any facility, improvement, or property necessary or convenient for supplying
3021 or treating water for any beneficial use, and for otherwise accomplishing the purposes of a
3022 special district.
3023 Section 50. Section 17B-1-502 is amended to read:
3024 17B-1-502. Withdrawal of area from special district -- Automatic withdrawal in
3025 certain circumstances.
3026 (1) (a) An area within the boundaries of a special district may be withdrawn from the
3027 special district only as provided in this part or, if applicable, as provided in Chapter 2a, Part 11,
3028 Municipal Services District Act.
3029 (b) Except as provided in Subsections (2) and (3), the inclusion of an area of a special
3030 district within a municipality because of a municipal incorporation under Title 10, Chapter 2a,
3031 Municipal Incorporation, or a municipal annexation or boundary adjustment under Title 10,
3032 Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
3033 of withdrawing that area from the special district.
3034 (2) (a) An area within the boundaries of a special district is automatically withdrawn
3035 from the special district by the annexation of the area to a municipality or the adding of the area
3036 to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
3037 (i) the special district provides:
3038 (A) fire protection, paramedic, and emergency services; or
3039 (B) law enforcement service;
3040 (ii) an election for the creation of the special district was not required because of
3041 Subsection 17B-1-214(3)(d) or (g); and
3042 (iii) before annexation or boundary adjustment, the boundaries of the special district do
3043 not include any of the annexing municipality.
3044 (b) The effective date of a withdrawal under this Subsection (2) is governed by
3045 Subsection 17B-1-512(2)(b).
3046 (3) (a) Except as provided in Subsection (3)(c) or (d), an area within the boundaries of
3047 a special district located in a county of the first class is automatically withdrawn from the
3048 special district by the incorporation of a municipality whose boundaries include the area if:
3049 (i) the special district provides municipal services, as defined in Section 17B-2a-1102,
3050 excluding fire protection, paramedic, emergency, and law enforcement services;
3051 (ii) an election for the creation of the special district was not required because of
3052 Subsection 17B-1-214(3) (g); and
3053 (iii) the legislative body of the newly incorporated municipality:
3054 [
3055
3056
3057 [
3058 incorporation approving the withdrawal that includes the legal description of the area to be
3059 withdrawn; and
3060 [
3061 (b) The effective date of a withdrawal under this Subsection (3) is governed by
3062 Subsection 17B-1-512(2)(a).
3063 (c) Section 17B-1-505 [
3064 within a county of the first class if:
3065 (i) the special district from which the area is withdrawn provides:
3066 (A) fire protection, paramedic, and emergency services;
3067 (B) law enforcement service; or
3068 (C) municipal services, as defined in Section 17B-2a-1102;
3069 (ii) an election for the creation of the special district was not required under Subsection
3070 17B-1-214(3)(d) or (g); and
3071 (iii) for a special district that provides municipal services, as defined in Section
3072 17B-2a-1102, excluding fire protection, paramedic, emergency, and law enforcement services,
3073 the 180-day period described in Subsection [
3074 (d) An area may not be withdrawn from a special district that provides municipal
3075 services, as defined in Section 17B-2a-1102, excluding fire protection, paramedic, emergency,
3076 and law enforcement services, if[
3077 within a converted municipality, as defined in Section 10-1-201.5.
3078 [
3079
3080 Section 51. Section 17B-2a-1102 is amended to read:
3081 17B-2a-1102. Definitions.
3082 As used in this part[
3083 services identified in Section 17-34-1, 17-36-3, or 17B-1-202.
3084 [
3085 [
3086
3087 [
3088 Section 52. Section 17B-2a-1104 is amended to read:
3089 17B-2a-1104. Additional municipal services district powers.
3090 (1) In addition to the powers conferred on a municipal services district under Section
3091 17B-1-103, a municipal services district may:
3092 [
3093 municipal services;
3094 [
3095 providing staffing and administrative services, including:
3096 [
3097 [
3098 [
3099 (iv) treasurer, recorder or clerk, surveyor, engineer, or auditor services; and
3100 [
3101 Bonds, to carry out the purposes of the district.
3102 (2) A municipal services district that includes a converted municipality, as defined in
3103 Section 10-1-201.5, shall, upon request by the converted municipality, collect on behalf of the
3104 converted municipality all fines, fees, charges, levies, and other payments imposed by the
3105 converted municipality.
3106 Section 53. Section 17B-2a-1106 is amended to read:
3107 17B-2a-1106. Municipal services district board of trustees -- Governance.
3108 (1) Notwithstanding any other provision of law regarding the membership of a special
3109 district board of trustees, the initial board of trustees of a municipal services district shall
3110 consist of the county legislative body.
3111 (2) (a) If, after the initial creation of a municipal services district, an area within the
3112 district is incorporated as a municipality as defined in Section 10-1-104 and the area is not
3113 withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area
3114 within the municipality is annexed into the municipal services district in accordance with
3115 Section 17B-2a-1103, the district's board of trustees shall be as follows:
3116 (i) subject to Subsection (2)(b), a member of that municipality's governing body;
3117 (ii) one member of the county council of the county in which the municipal services
3118 district is located; and
3119 (iii) the total number of board members is not required to be an odd number.
3120 (b) A member described in Subsection (2)(a)(i) shall be[
3121
3122 [
3123
3124
3125 (3) For a board of trustees described in Subsection (2), each board member's vote is
3126 weighted using the proportion of the municipal services district population that resides:
3127 (a) for each member described in Subsection (2)(a)(i), within that member's
3128 municipality; and
3129 (b) for the member described in Subsection (2)(a)(ii), within the unincorporated
3130 county.
3131 (4) The board may adopt a resolution providing for future board members to be
3132 appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
3133 (5) Notwithstanding Subsections 17B-1-309(1) or 17B-1-310(1), the board of trustees
3134 may adopt a resolution to determine the internal governance of the board.
3135 (6) The municipal services district and the county may enter into an agreement for the
3136 provision of legal services to the municipal services district.
3137 Section 54. Section 17B-2a-1110 is amended to read:
3138 17B-2a-1110. Withdrawal from a municipal services district upon incorporation
3139 -- Feasibility study required for city or town withdrawal -- Public hearing -- Notice --
3140 Revenues transferred to municipal services district.
3141 (1) (a) A municipality may withdraw from a municipal services district in accordance
3142 with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
3143 (b) If a municipality engages a feasibility consultant to conduct a feasibility study
3144 under Subsection (2)(a), the 180 days described in Subsection [
3145 17B-1-502(3)(a)(iii)(A) is tolled from the day that the municipality engages the feasibility
3146 consultant to the day on which the municipality holds the final public hearing under Subsection
3147 (5).
3148 (2) (a) If a municipality decides to withdraw from a municipal services district, the
3149 municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
3150 17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
3151 (b) The feasibility consultant shall be chosen:
3152 (i) by the municipal legislative body; and
3153 (ii) in accordance with applicable municipal procurement procedures.
3154 (3) The municipal legislative body shall require the feasibility consultant to:
3155 (a) complete the feasibility study and submit the written results to the municipal
3156 legislative body before the council adopts a resolution under Section 17B-1-502;
3157 (b) submit with the full written results of the feasibility study a summary of the results
3158 no longer than one page in length; and
3159 (c) attend the public hearings under Subsection (5).
3160 (4) (a) The feasibility study shall consider:
3161 (i) population and population density within the withdrawing municipality;
3162 (ii) current and five-year projections of demographics and economic base in the
3163 withdrawing municipality, including household size and income, commercial and industrial
3164 development, and public facilities;
3165 (iii) projected growth in the withdrawing municipality during the next five years;
3166 (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
3167 including overhead, of municipal services in the withdrawing municipality;
3168 (v) assuming the same tax categories and tax rates as currently imposed by the
3169 municipal services district and all other current service providers, the present and five-year
3170 projected revenue for the withdrawing municipality;
3171 (vi) a projection of any new taxes per household that may be levied within the
3172 withdrawing municipality within five years of the withdrawal; and
3173 (vii) the fiscal impact on other municipalities serviced by the municipal services
3174 district.
3175 (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
3176 level and quality of municipal services to be provided to the withdrawing municipality in the
3177 future that fairly and reasonably approximates the level and quality of municipal services being
3178 provided to the withdrawing municipality at the time of the feasibility study.
3179 (ii) In determining the present cost of a municipal service, the feasibility consultant
3180 shall consider:
3181 (A) the amount it would cost the withdrawing municipality to provide municipal
3182 services for the first five years after withdrawing; and
3183 (B) the municipal services district's present and five-year projected cost of providing
3184 municipal services.
3185 (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
3186 and anticipated growth.
3187 (5) If the results of the feasibility study meet the requirements of Subsection (4), the
3188 municipal legislative body shall, at its next regular meeting after receipt of the results of the
3189 feasibility study, schedule at least one public hearing to be held:
3190 (a) within the following 60 days; and
3191 (b) for the purpose of allowing:
3192 (i) the feasibility consultant to present the results of the study; and
3193 (ii) the public to become informed about the feasibility study results, including the
3194 requirement that if the municipality withdraws from the municipal services district, the
3195 municipality must comply with Subsection (9), and to ask questions about those results of the
3196 feasibility consultant.
3197 (6) At a public hearing described in Subsection (5), the municipal legislative body
3198 shall:
3199 (a) provide a copy of the feasibility study for public review; and
3200 (b) allow the public to express its views about the proposed withdrawal from the
3201 municipal services district.
3202 (7) (a) The municipal clerk or recorder shall publish notice of the public hearings
3203 required under Subsection (5) for the municipality, as a class A notice under Section
3204 63G-30-102, for at least three weeks before the day of the first hearing described in Subsection
3205 (5).
3206 (b) The notice under Subsection (7)(a) shall include the feasibility study summary and
3207 shall indicate that a full copy of the study is available for inspection and copying at the office
3208 of the municipal clerk or recorder.
3209 (8) At a public meeting held after the public hearing required under Subsection (5), the
3210 municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
3211 applicable, if the municipality is in compliance with the other requirements of that section.
3212 (9) The municipality shall pay revenues in excess of 5% to the municipal services
3213 district for 10 years beginning on the next fiscal year immediately following the municipal
3214 legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
3215 or 17B-1-505 if the results of the feasibility study show that the average annual amount of
3216 revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
3217 (4)(a)(iv) by more than 5%.
3218 Section 55. Section 17B-2a-1111 is amended to read:
3219 17B-2a-1111. Withdrawal of a municipality that changes form of government.
3220 If a municipality after the 180-day period described in Subsection
3221 [
3222 with Title 10, Chapter 3b, Part 6, Changing to Another Form of Municipal Government, the
3223 municipality under the new form of government may withdraw from a municipal services
3224 district only in accordance with the provisions of Section 17B-1-505.
3225 Section 56. Section 17C-1-102 is amended to read:
3226 17C-1-102. Definitions.
3227 As used in this title:
3228 (1) "Active project area" means a project area that has not been dissolved in accordance
3229 with Section 17C-1-702.
3230 (2) "Adjusted tax increment" means the percentage of tax increment, if less than
3231 100%, that an agency is authorized to receive:
3232 (a) for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax
3233 increment under Subsection 17C-1-403(3);
3234 (b) for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax
3235 increment under Section 17C-1-406;
3236 (c) under a project area budget approved by a taxing entity committee; or
3237 (d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
3238 tax increment.
3239 (3) "Affordable housing" means housing owned or occupied by a low or moderate
3240 income family, as determined by resolution of the agency.
3241 (4) "Agency" or "community reinvestment agency" means a separate body corporate
3242 and politic, created under Section 17C-1-201.5 or as a redevelopment agency or community
3243 development and renewal agency under previous law:
3244 (a) that is a political subdivision of the state;
3245 (b) that is created to undertake or promote project area development as provided in this
3246 title; and
3247 (c) whose geographic boundaries are coterminous with:
3248 (i) for an agency created by a county, the unincorporated area of the county; and
3249 (ii) for an agency created by a municipality, the boundaries of the municipality.
3250 (5) "Agency funds" means money that an agency collects or receives for agency
3251 operations, implementing a project area plan or an implementation plan as defined in Section
3252 17C-1-1001, or other agency purposes, including:
3253 (a) project area funds;
3254 (b) income, proceeds, revenue, or property derived from or held in connection with the
3255 agency's undertaking and implementation of project area development or agency-wide project
3256 development as defined in Section 17C-1-1001;
3257 (c) a contribution, loan, grant, or other financial assistance from any public or private
3258 source;
3259 (d) project area incremental revenue as defined in Section 17C-1-1001; or
3260 (e) property tax revenue as defined in Section 17C-1-1001.
3261 (6) "Annual income" means the same as that term is defined in regulations of the
3262 United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
3263 amended or as superseded by replacement regulations.
3264 (7) "Assessment roll" means the same as that term is defined in Section 59-2-102.
3265 (8) "Base taxable value" means, unless otherwise adjusted in accordance with
3266 provisions of this title, a property's taxable value as shown upon the assessment roll last
3267 equalized during the base year.
3268 (9) "Base year" means, except as provided in Subsection 17C-1-402(4)(c), the year
3269 during which the assessment roll is last equalized:
3270 (a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
3271 before the project area plan's effective date;
3272 (b) for a post-June 30, 1993, urban renewal or economic development project area
3273 plan, or a community reinvestment project area plan that is subject to a taxing entity
3274 committee:
3275 (i) before the date on which the taxing entity committee approves the project area
3276 budget; or
3277 (ii) if taxing entity committee approval is not required for the project area budget,
3278 before the date on which the community legislative body adopts the project area plan;
3279 (c) for a project on an inactive airport site, after the later of:
3280 (i) the date on which the inactive airport site is sold for remediation and development;
3281 or
3282 (ii) the date on which the airport that operated on the inactive airport site ceased
3283 operations; or
3284 (d) for a community development project area plan or a community reinvestment
3285 project area plan that is subject to an interlocal agreement, as described in the interlocal
3286 agreement.
3287 (10) "Basic levy" means the portion of a school district's tax levy constituting the
3288 minimum basic levy under Section 59-2-902.
3289 (11) "Board" means the governing body of an agency, as described in Section
3290 17C-1-203.
3291 (12) "Budget hearing" means the public hearing on a proposed project area budget
3292 required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget,
3293 Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection
3294 17C-5-302(2)(e) for a community reinvestment project area budget.
3295 (13) "Closed military base" means land within a former military base that the Defense
3296 Base Closure and Realignment Commission has voted to close or realign when that action has
3297 been sustained by the president of the United States and Congress.
3298 (14) "Combined incremental value" means the combined total of all incremental values
3299 from all project areas, except project areas that contain some or all of a military installation or
3300 inactive industrial site, within the agency's boundaries under project area plans and project area
3301 budgets at the time that a project area budget for a new project area is being considered.
3302 (15) "Community" means a county or municipality.
3303 (16) "Community development project area plan" means a project area plan adopted
3304 under Chapter 4, Part 1, Community Development Project Area Plan.
3305 (17) "Community legislative body" means the legislative body of the community that
3306 created the agency.
3307 (18) "Community reinvestment project area plan" means a project area plan adopted
3308 under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
3309 (19) "Contest" means to file a written complaint in the district court of the county in
3310 which the agency is located.
3311 (20) "Development impediment" means a condition of an area that meets the
3312 requirements described in Section 17C-2-303 for an urban renewal project area or Section
3313 17C-5-405 for a community reinvestment project area.
3314 (21) "Development impediment hearing" means a public hearing regarding whether a
3315 development impediment exists within a proposed:
3316 (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section
3317 17C-2-302; or
3318 (b) community reinvestment project area under Section 17C-5-404.
3319 (22) "Development impediment study" means a study to determine whether a
3320 development impediment exists within a survey area as described in Section 17C-2-301 for an
3321 urban renewal project area or Section 17C-5-403 for a community reinvestment project area.
3322 (23) "Economic development project area plan" means a project area plan adopted
3323 under Chapter 3, Part 1, Economic Development Project Area Plan.
3324 (24) "Fair share ratio" means the ratio derived by:
3325 (a) for a municipality, comparing the percentage of all housing units within the
3326 municipality that are publicly subsidized income targeted housing units to the percentage of all
3327 housing units within the county in which the municipality is located that are publicly
3328 subsidized income targeted housing units; or
3329 (b) for the unincorporated part of a county, comparing the percentage of all housing
3330 units within the unincorporated county that are publicly subsidized income targeted housing
3331 units to the percentage of all housing units within the whole county that are publicly subsidized
3332 income targeted housing units.
3333 (25) "Family" means the same as that term is defined in regulations of the United
3334 States Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
3335 or as superseded by replacement regulations.
3336 (26) "Greenfield" means land not developed beyond agricultural, range, or forestry use.
3337 (27) "Hazardous waste" means any substance defined, regulated, or listed as a
3338 hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
3339 or toxic substance, or identified as hazardous to human health or the environment, under state
3340 or federal law or regulation.
3341 (28) "Housing allocation" means project area funds allocated for housing under Section
3342 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412.
3343 (29) "Housing fund" means a fund created by an agency for purposes described in
3344 Section 17C-1-411 or 17C-1-412 that is comprised of:
3345 (a) project area funds, project area incremental revenue as defined in Section
3346 17C-1-1001, or property tax revenue as defined in Section 17C-1-1001 allocated for the
3347 purposes described in Section 17C-1-411; or
3348 (b) an agency's housing allocation.
3349 (30) (a) "Inactive airport site" means land that:
3350 (i) consists of at least 100 acres;
3351 (ii) is occupied by an airport:
3352 (A) (I) that is no longer in operation as an airport; or
3353 (II) (Aa) that is scheduled to be decommissioned; and
3354 (Bb) for which a replacement commercial service airport is under construction; and
3355 (B) that is owned or was formerly owned and operated by a public entity; and
3356 (iii) requires remediation because:
3357 (A) of the presence of hazardous waste or solid waste; or
3358 (B) the site lacks sufficient public infrastructure and facilities, including public roads,
3359 electric service, water system, and sewer system, needed to support development of the site.
3360 (b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land
3361 described in Subsection (30)(a).
3362 (31) (a) "Inactive industrial site" means land that:
3363 (i) consists of at least 1,000 acres;
3364 (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
3365 facility; and
3366 (iii) requires remediation because of the presence of hazardous waste or solid waste.
3367 (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
3368 described in Subsection (31)(a).
3369 (32) "Income targeted housing" means housing that is owned or occupied by a family
3370 whose annual income is at or below 80% of the median annual income for a family within the
3371 county in which the housing is located.
3372 (33) "Incremental value" means a figure derived by multiplying the marginal value of
3373 the property located within a project area on which tax increment is collected by a number that
3374 represents the adjusted tax increment from that project area that is paid to the agency.
3375 (34) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
3376 established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
3377 (35) (a) " Local government building" means a building owned and operated by a
3378 community for the primary purpose of providing one or more primary community functions,
3379 including:
3380 (i) a fire station;
3381 (ii) a police station;
3382 (iii) a city hall; or
3383 (iv) a court or other judicial building.
3384 (b) " Local government building" does not include a building the primary purpose of
3385 which is cultural or recreational in nature.
3386 (36) "Major transit investment corridor" means the same as that term is defined in
3387 Section 10-9a-103.
3388 (37) "Marginal value" means the difference between actual taxable value and base
3389 taxable value.
3390 (38) "Military installation project area" means a project area or a portion of a project
3391 area located within a federal military installation ordered closed by the federal Defense Base
3392 Realignment and Closure Commission.
3393 (39) "Municipality" means a city[
3394
3395 (40) "Participant" means one or more persons that enter into a participation agreement
3396 with an agency.
3397 (41) "Participation agreement" means a written agreement between a person and an
3398 agency that:
3399 (a) includes a description of:
3400 (i) the project area development that the person will undertake;
3401 (ii) the amount of project area funds the person may receive; and
3402 (iii) the terms and conditions under which the person may receive project area funds;
3403 and
3404 (b) is approved by resolution of the board.
3405 (42) "Plan hearing" means the public hearing on a proposed project area plan required
3406 under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection
3407 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d)
3408 for a community development project area plan, or Subsection 17C-5-104(3)(e) for a
3409 community reinvestment project area plan.
3410 (43) "Post-June 30, 1993, project area plan" means a project area plan adopted on or
3411 after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the project
3412 area plan's adoption.
3413 (44) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July
3414 1, 1993, whether or not amended subsequent to the project area plan's adoption.
3415 (45) "Private," with respect to real property, means property not owned by a public
3416 entity or any other governmental entity.
3417 (46) "Project area" means the geographic area described in a project area plan within
3418 which the project area development described in the project area plan takes place or is
3419 proposed to take place.
3420 (47) "Project area budget" means a multiyear projection of annual or cumulative
3421 revenues and expenses and other fiscal matters pertaining to a project area prepared in
3422 accordance with:
3423 (a) for an urban renewal project area, Section 17C-2-201;
3424 (b) for an economic development project area, Section 17C-3-201;
3425 (c) for a community development project area, Section 17C-4-204; or
3426 (d) for a community reinvestment project area, Section 17C-5-302.
3427 (48) "Project area development" means activity within a project area that, as
3428 determined by the board, encourages, promotes, or provides development or redevelopment for
3429 the purpose of implementing a project area plan, including:
3430 (a) promoting, creating, or retaining public or private jobs within the state or a
3431 community;
3432 (b) providing office, manufacturing, warehousing, distribution, parking, or other
3433 facilities or improvements;
3434 (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
3435 remediating environmental issues;
3436 (d) providing residential, commercial, industrial, public, or other structures or spaces,
3437 including recreational and other facilities incidental or appurtenant to the structures or spaces;
3438 (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
3439 existing structures;
3440 (f) providing open space, including streets or other public grounds or space around
3441 buildings;
3442 (g) providing public or private buildings, infrastructure, structures, or improvements;
3443 (h) relocating a business;
3444 (i) improving public or private recreation areas or other public grounds;
3445 (j) eliminating a development impediment or the causes of a development impediment;
3446 (k) redevelopment as defined under the law in effect before May 1, 2006; or
3447 (l) any activity described in this Subsection (48) outside of a project area that the board
3448 determines to be a benefit to the project area.
3449 (49) "Project area funds" means tax increment or sales and use tax revenue that an
3450 agency receives under a project area budget adopted by a taxing entity committee or an
3451 interlocal agreement.
3452 (50) "Project area funds collection period" means the period of time that:
3453 (a) begins the day on which the first payment of project area funds is distributed to an
3454 agency under a project area budget approved by a taxing entity committee or an interlocal
3455 agreement; and
3456 (b) ends the day on which the last payment of project area funds is distributed to an
3457 agency under a project area budget approved by a taxing entity committee or an interlocal
3458 agreement.
3459 (51) "Project area plan" means an urban renewal project area plan, an economic
3460 development project area plan, a community development project area plan, or a community
3461 reinvestment project area plan that, after the project area plan's effective date, guides and
3462 controls the project area development.
3463 (52) (a) "Property tax" means each levy on an ad valorem basis on tangible or
3464 intangible personal or real property.
3465 (b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege
3466 Tax.
3467 (53) "Public entity" means:
3468 (a) the United States, including an agency of the United States;
3469 (b) the state, including any of the state's departments or agencies; or
3470 (c) a political subdivision of the state, including a county, municipality, school district,
3471 special district, special service district, community reinvestment agency, or interlocal
3472 cooperation entity.
3473 (54) "Publicly owned infrastructure and improvements" means water, sewer, storm
3474 drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets,
3475 roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or
3476 other facilities, infrastructure, and improvements benefitting the public and to be publicly
3477 owned or publicly maintained or operated.
3478 (55) "Record property owner" or "record owner of property" means the owner of real
3479 property, as shown on the records of the county in which the property is located, to whom the
3480 property's tax notice is sent.
3481 (56) "Sales and use tax revenue" means revenue that is:
3482 (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
3483 and
3484 (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205.
3485 (57) "Superfund site":
3486 (a) means an area included in the National Priorities List under the Comprehensive
3487 Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
3488 (b) includes an area formerly included in the National Priorities List, as described in
3489 Subsection (57)(a), but removed from the list following remediation that leaves on site the
3490 waste that caused the area to be included in the National Priorities List.
3491 (58) "Survey area" means a geographic area designated for study by a survey area
3492 resolution to determine whether:
3493 (a) one or more project areas within the survey area are feasible; or
3494 (b) a development impediment exists within the survey area.
3495 (59) "Survey area resolution" means a resolution adopted by a board that designates a
3496 survey area.
3497 (60) "Taxable value" means:
3498 (a) the taxable value of all real property a county assessor assesses in accordance with
3499 Title 59, Chapter 2, Part 3, County Assessment, for the current year;
3500 (b) the taxable value of all real and personal property the commission assesses in
3501 accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
3502 (c) the year end taxable value of all personal property a county assessor assesses in
3503 accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's
3504 tax rolls of the taxing entity.
3505 (61) (a) "Tax increment" means the difference between:
3506 (i) the amount of property tax revenue generated each tax year by a taxing entity from
3507 the area within a project area designated in the project area plan as the area from which tax
3508 increment is to be collected, using the current assessed value of the property and each taxing
3509 entity's current certified tax rate as defined in Section 59-2-924; and
3510 (ii) the amount of property tax revenue that would be generated from that same area
3511 using the base taxable value of the property and each taxing entity's current certified tax rate as
3512 defined in Section 59-2-924.
3513 (b) "Tax increment" does not include taxes levied and collected under Section
3514 59-2-1602 on or after January 1, 1994, upon the taxable property in the project area unless:
3515 (i) the project area plan was adopted before May 4, 1993, whether or not the project
3516 area plan was subsequently amended; and
3517 (ii) the taxes were pledged to support bond indebtedness or other contractual
3518 obligations of the agency.
3519 (62) "Taxing entity" means a public entity that:
3520 (a) levies a tax on property located within a project area; or
3521 (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
3522 (63) "Taxing entity committee" means a committee representing the interests of taxing
3523 entities, created in accordance with Section 17C-1-402.
3524 (64) "Unincorporated" means not within a municipality.
3525 (65) "Urban renewal project area plan" means a project area plan adopted under
3526 Chapter 2, Part 1, Urban Renewal Project Area Plan.
3527 Section 57. Section 18-1-1 is amended to read:
3528 18-1-1. Liability and damages for dog injury -- Exceptions.
3529 (1) (a) Except as provided in Subsections (2) and (3), a person who owns or keeps a
3530 dog is liable for an injury caused by the dog, regardless of whether:
3531 (i) the dog is vicious or mischievous; or
3532 (ii) the owner knows the dog is vicious or mischievous.
3533 (b) Damages for an injury described in Subsection (1)(a) shall be determined in
3534 accordance with Section 78B-5-818.
3535 (2) Neither the state nor any county, city, [
3536 peace officer employed by the state, a county, a city, [
3537 liable in damages for an injury caused by a dog, if:
3538 (a) the dog and the dog's law enforcement handler are trained to assist in law
3539 enforcement and are certified according to the standards adopted in Title 53, Chapter 6, Part 4,
3540 Law Enforcement Canine Team Certification Act;
3541 (b) the governmental agency has adopted a written policy on the necessary and
3542 appropriate use of dogs in official law enforcement duties;
3543 (c) the actions of the dog's handler do not violate the agency's written policy; and
3544 (d) the injury occurs while the dog is reasonably and carefully being used in the
3545 apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
3546 public order.
3547 (3) A person who owns or keeps a dog is not liable for an injury or death caused by the
3548 dog if:
3549 (a) the injury or death is to another animal;
3550 (b) the injury or death occurs:
3551 (i) on the person's private property; and
3552 (ii) while the dog is reasonably secured within a fence or other enclosure; and
3553 (c) the animal described in Subsection (3)(a) entered the person's private property
3554 without consent.
3555 Section 58. Section 19-5-108.5 is amended to read:
3556 19-5-108.5. Storm water permits.
3557 (1) As used in this section:
3558 (a) "Applicant" means a person who is conducting or proposing to conduct a use of
3559 land and who a permittee requires or allows to use low impact development.
3560 (b) "Independent review" is a review conducted:
3561 (i) in accordance with this section; and
3562 (ii) by an engineer, or engineering firm, designated by the division as having technical
3563 expertise in the area of storm water calculations.
3564 (c) "Low impact development" means structural or natural engineered systems located
3565 close to the source of storm water that use or mimic natural processes to encourage infiltration,
3566 evapotranspiration, or reuse of the storm water.
3567 (d) "Permittee" means a municipality[
3568 permit under the Utah Pollutant Discharge Elimination System.
3569 (e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and
3570 drainage.
3571 (f) "Storm water permit" means a permit issued to a permittee by the division for the
3572 permittee's municipal separate storm sewer system.
3573 (g) "Utah Pollutant Discharge Elimination System" means the state-wide program for
3574 issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
3575 under this chapter.
3576 (2) A permittee shall reduce any requirement for an applicant to manage or control
3577 storm water runoff rates or storm water runoff volumes for flood control purposes to account
3578 for the reduction in storm water associated with approved low impact development practices.
3579 (3) The director shall create and maintain a list of engineers, including engineering
3580 firms, capable of providing independent review of low impact development designs and storm
3581 water calculations for use by an applicant and a permittee pursuant to an appeal described in
3582 Subsection (4).
3583 (4) (a) An applicant who appeals a permittee's determination regarding
3584 post-construction retention requirements under the permittee's storm water permit may request
3585 the permittee to refer the appeal to independent review for purposes of determining the
3586 technical aspects of the appeal, including:
3587 (i) the required size of any low impact development system;
3588 (ii) the calculations of reductions in storm water runoff rates or storm water runoff
3589 volumes for flood control due to the use of low impact development; and
3590 (iii) the feasibility of constructing low impact development practices required by the
3591 permittee.
3592 (b) If an applicant makes a request under Subsection (4)(a):
3593 (i) the permittee shall:
3594 (A) select an engineer or engineering firm from the list described in Subsection (3);
3595 and
3596 (B) pay one-half of the cost of the independent review.
3597 (ii) An engineer or engineering firm selected by the permittee under Subsection
3598 (4)(b)(i) may not be:
3599 (A) associated with the application that is the subject of the appeal; or
3600 (B) employed by the permittee.
3601 (iii) The applicant shall pay:
3602 (A) one-half of the cost of the independent review; and
3603 (B) the municipality's published appeal fee.
3604 Section 59. Section 20A-1-102 is amended to read:
3605 20A-1-102. Definitions.
3606 As used in this title:
3607 (1) "Active voter" means a registered voter who has not been classified as an inactive
3608 voter by the county clerk.
3609 (2) "Automatic tabulating equipment" means apparatus that automatically examines
3610 and counts votes recorded on ballots and tabulates the results.
3611 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
3612 storage medium, that records an individual voter's vote.
3613 (b) "Ballot" does not include a record to tally multiple votes.
3614 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
3615 on the ballot for their approval or rejection including:
3616 (a) an opinion question specifically authorized by the Legislature;
3617 (b) a constitutional amendment;
3618 (c) an initiative;
3619 (d) a referendum;
3620 (e) a bond proposition;
3621 (f) a judicial retention question;
3622 (g) an incorporation of a city or town; or
3623 (h) any other ballot question specifically authorized by the Legislature.
3624 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
3625 together using staples or another means in at least three places across the top of the paper in the
3626 blank space reserved for securing the paper.
3627 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
3628 20A-4-306 to canvass election returns.
3629 (7) "Bond election" means an election held for the purpose of approving or rejecting
3630 the proposed issuance of bonds by a government entity.
3631 (8) "Business reply mail envelope" means an envelope that may be mailed free of
3632 charge by the sender.
3633 (9) "Canvass" means the review of election returns and the official declaration of
3634 election results by the board of canvassers.
3635 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
3636 the canvass.
3637 (11) "Contracting election officer" means an election officer who enters into a contract
3638 or interlocal agreement with a provider election officer.
3639 (12) "Convention" means the political party convention at which party officers and
3640 delegates are selected.
3641 (13) "Counting center" means one or more locations selected by the election officer in
3642 charge of the election for the automatic counting of ballots.
3643 (14) "Counting judge" means a poll worker designated to count the ballots during
3644 election day.
3645 (15) "Counting room" means a suitable and convenient private place or room for use
3646 by the poll workers and counting judges to count ballots.
3647 (16) "County officers" means those county officers that are required by law to be
3648 elected.
3649 (17) "Date of the election" or "election day" or "day of the election":
3650 (a) means the day that is specified in the calendar year as the day that the election
3651 occurs; and
3652 (b) does not include:
3653 (i) deadlines established for voting by mail, military-overseas voting, or emergency
3654 voting; or
3655 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
3656 Voting.
3657 (18) "Elected official" means:
3658 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
3659 Municipal Alternate Voting Methods Pilot Project;
3660 (b) a person who is considered to be elected to a municipal office in accordance with
3661 Subsection 20A-1-206(1)(c)(ii); or
3662 (c) a person who is considered to be elected to a special district office in accordance
3663 with Subsection 20A-1-206(3)(b)(ii).
3664 (19) "Election" means a regular general election, a municipal general election, a
3665 statewide special election, a local special election, a regular primary election, a municipal
3666 primary election, and a special district election.
3667 (20) "Election Assistance Commission" means the commission established by the Help
3668 America Vote Act of 2002, Pub. L. No. 107-252.
3669 (21) "Election cycle" means the period beginning on the first day persons are eligible to
3670 file declarations of candidacy and ending when the canvass is completed.
3671 (22) "Election judge" means a poll worker that is assigned to:
3672 (a) preside over other poll workers at a polling place;
3673 (b) act as the presiding election judge; or
3674 (c) serve as a canvassing judge, counting judge, or receiving judge.
3675 (23) "Election officer" means:
3676 (a) the lieutenant governor, for all statewide ballots and elections;
3677 (b) the county clerk for:
3678 (i) a county ballot and election; and
3679 (ii) a ballot and election as a provider election officer as provided in Section
3680 20A-5-400.1 or 20A-5-400.5;
3681 (c) the municipal clerk for:
3682 (i) a municipal ballot and election; and
3683 (ii) a ballot and election as a provider election officer as provided in Section
3684 20A-5-400.1 or 20A-5-400.5;
3685 (d) the special district clerk or chief executive officer for:
3686 (i) a special district ballot and election; and
3687 (ii) a ballot and election as a provider election officer as provided in Section
3688 20A-5-400.1 or 20A-5-400.5; or
3689 (e) the business administrator or superintendent of a school district for:
3690 (i) a school district ballot and election; and
3691 (ii) a ballot and election as a provider election officer as provided in Section
3692 20A-5-400.1 or 20A-5-400.5.
3693 (24) "Election official" means any election officer, election judge, or poll worker.
3694 (25) "Election results" means:
3695 (a) for an election other than a bond election, the count of votes cast in the election and
3696 the election returns requested by the board of canvassers; or
3697 (b) for bond elections, the count of those votes cast for and against the bond
3698 proposition plus any or all of the election returns that the board of canvassers may request.
3699 (26) "Election returns" includes:
3700 (a) the pollbook, the military and overseas absentee voter registration and voting
3701 certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
3702 ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
3703 cast form; and
3704 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
3705 ballot.
3706 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
3707 or logically associated with a record and executed or adopted by a person with the intent to sign
3708 the record.
3709 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
3710 clerk under Subsection 20A-2-505(4)(c)(i) or (ii).
3711 (29) "Judicial office" means the office filled by any judicial officer.
3712 (30) "Judicial officer" means any justice or judge of a court of record or any county
3713 court judge.
3714 (31) "Local election" means a regular county election, a regular municipal election, a
3715 municipal primary election, a local special election, a special district election, and a bond
3716 election.
3717 (32) "Local political subdivision" means a county, a municipality, a special district, or
3718 a local school district.
3719 (33) "Local special election" means a special election called by the governing body of a
3720 local political subdivision in which all registered voters of the local political subdivision may
3721 vote.
3722 (34) "Manual ballot" means a paper document produced by an election officer on
3723 which an individual records an individual's vote by directly placing a mark on the paper
3724 document using a pen or other marking instrument.
3725 (35) "Mechanical ballot" means a record, including a paper record, electronic record, or
3726 mechanical record, that:
3727 (a) is created via electronic or mechanical means; and
3728 (b) records an individual voter's vote cast via a method other than an individual directly
3729 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
3730 (36) "Municipal executive" means:
3731 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
3732 or
3733 (b) the mayor in the council-manager form of government defined in Subsection
3734 [
3735 [
3736 (37) "Municipal general election" means the election held in municipalities and, as
3737 applicable, special districts on the first Tuesday after the first Monday in November of each
3738 odd-numbered year for the purposes established in Section 20A-1-202.
3739 (38) "Municipal legislative body" means[
3740 form of municipal government[
3741 [
3742 (39) "Municipal office" means an elective office in a municipality.
3743 (40) "Municipal officers" means those municipal officers that are required by law to be
3744 elected.
3745 (41) "Municipal primary election" means an election held to nominate candidates for
3746 municipal office.
3747 (42) "Municipality" means a city[
3748 (43) "Official ballot" means the ballots distributed by the election officer for voters to
3749 record their votes.
3750 (44) "Official endorsement" means the information on the ballot that identifies:
3751 (a) the ballot as an official ballot;
3752 (b) the date of the election; and
3753 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
3754 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
3755 (ii) for a ballot prepared by a county clerk, the words required by Subsection
3756 20A-6-301(1)(b)(iii).
3757 (45) "Official register" means the official record furnished to election officials by the
3758 election officer that contains the information required by Section 20A-5-401.
3759 (46) "Political party" means an organization of registered voters that has qualified to
3760 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
3761 and Procedures.
3762 (47) (a) "Poll worker" means a person assigned by an election official to assist with an
3763 election, voting, or counting votes.
3764 (b) "Poll worker" includes election judges.
3765 (c) "Poll worker" does not include a watcher.
3766 (48) "Pollbook" means a record of the names of voters in the order that they appear to
3767 cast votes.
3768 (49) "Polling place" means a building where voting is conducted.
3769 (50) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
3770 in which the voter marks the voter's choice.
3771 (51) "Presidential Primary Election" means the election established in Chapter 9, Part
3772 8, Presidential Primary Election.
3773 (52) "Primary convention" means the political party conventions held during the year
3774 of the regular general election.
3775 (53) "Protective counter" means a separate counter, which cannot be reset, that:
3776 (a) is built into a voting machine; and
3777 (b) records the total number of movements of the operating lever.
3778 (54) "Provider election officer" means an election officer who enters into a contract or
3779 interlocal agreement with a contracting election officer to conduct an election for the
3780 contracting election officer's local political subdivision in accordance with Section
3781 20A-5-400.1.
3782 (55) "Provisional ballot" means a ballot voted provisionally by a person:
3783 (a) whose name is not listed on the official register at the polling place;
3784 (b) whose legal right to vote is challenged as provided in this title; or
3785 (c) whose identity was not sufficiently established by a poll worker.
3786 (56) "Provisional ballot envelope" means an envelope printed in the form required by
3787 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
3788 verify a person's legal right to vote.
3789 (57) (a) "Public figure" means an individual who, due to the individual being
3790 considered for, holding, or having held a position of prominence in a public or private capacity,
3791 or due to the individual's celebrity status, has an increased risk to the individual's safety.
3792 (b) "Public figure" does not include an individual:
3793 (i) elected to public office; or
3794 (ii) appointed to fill a vacancy in an elected public office.
3795 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
3796 duties of the position for which the individual was elected.
3797 (59) "Receiving judge" means the poll worker that checks the voter's name in the
3798 official register at a polling place and provides the voter with a ballot.
3799 (60) "Registration form" means a form by which an individual may register to vote
3800 under this title.
3801 (61) "Regular ballot" means a ballot that is not a provisional ballot.
3802 (62) "Regular general election" means the election held throughout the state on the first
3803 Tuesday after the first Monday in November of each even-numbered year for the purposes
3804 established in Section 20A-1-201.
3805 (63) "Regular primary election" means the election, held on the date specified in
3806 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
3807 local school board positions to advance to the regular general election.
3808 (64) "Resident" means a person who resides within a specific voting precinct in Utah.
3809 (65) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
3810 provided to a voter with a manual ballot:
3811 (a) into which the voter places the manual ballot after the voter has voted the manual
3812 ballot in order to preserve the secrecy of the voter's vote; and
3813 (b) that includes the voter affidavit and a place for the voter's signature.
3814 (66) "Sample ballot" means a mock ballot similar in form to the official ballot,
3815 published as provided in Section 20A-5-405.
3816 (67) "Special district" means a local government entity under Title 17B, Limited
3817 Purpose Local Government Entities - Special Districts, and includes a special service district
3818 under Title 17D, Chapter 1, Special Service District Act.
3819 (68) "Special district officers" means those special district board members who are
3820 required by law to be elected.
3821 (69) "Special election" means an election held as authorized by Section 20A-1-203.
3822 (70) "Spoiled ballot" means each ballot that:
3823 (a) is spoiled by the voter;
3824 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
3825 (c) lacks the official endorsement.
3826 (71) "Statewide special election" means a special election called by the governor or the
3827 Legislature in which all registered voters in Utah may vote.
3828 (72) "Tabulation system" means a device or system designed for the sole purpose of
3829 tabulating votes cast by voters at an election.
3830 (73) "Ticket" means a list of:
3831 (a) political parties;
3832 (b) candidates for an office; or
3833 (c) ballot propositions.
3834 (74) "Transfer case" means the sealed box used to transport voted ballots to the
3835 counting center.
3836 (75) "Vacancy" means:
3837 (a) except as provided in Subsection (75)(b), the absence of an individual to serve in a
3838 position created by state constitution or state statute, whether that absence occurs because of
3839 death, disability, disqualification, resignation, or other cause; or
3840 (b) in relation to a candidate for a position created by state constitution or state statute,
3841 the removal of a candidate due to the candidate's death, resignation, or disqualification.
3842 (76) "Valid voter identification" means:
3843 (a) a form of identification that bears the name and photograph of the voter which may
3844 include:
3845 (i) a currently valid Utah driver license;
3846 (ii) a currently valid identification card that is issued by:
3847 (A) the state; or
3848 (B) a branch, department, or agency of the United States;
3849 (iii) a currently valid Utah permit to carry a concealed weapon;
3850 (iv) a currently valid United States passport; or
3851 (v) a currently valid United States military identification card;
3852 (b) one of the following identification cards, whether or not the card includes a
3853 photograph of the voter:
3854 (i) a valid tribal identification card;
3855 (ii) a Bureau of Indian Affairs card; or
3856 (iii) a tribal treaty card; or
3857 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
3858 the name of the voter and provide evidence that the voter resides in the voting precinct, which
3859 may include:
3860 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
3861 election;
3862 (ii) a bank or other financial account statement, or a legible copy thereof;
3863 (iii) a certified birth certificate;
3864 (iv) a valid social security card;
3865 (v) a check issued by the state or the federal government or a legible copy thereof;
3866 (vi) a paycheck from the voter's employer, or a legible copy thereof;
3867 (vii) a currently valid Utah hunting or fishing license;
3868 (viii) certified naturalization documentation;
3869 (ix) a currently valid license issued by an authorized agency of the United States;
3870 (x) a certified copy of court records showing the voter's adoption or name change;
3871 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
3872 (xii) a currently valid identification card issued by:
3873 (A) a local government within the state;
3874 (B) an employer for an employee; or
3875 (C) a college, university, technical school, or professional school located within the
3876 state; or
3877 (xiii) a current Utah vehicle registration.
3878 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
3879 candidate by following the procedures and requirements of this title.
3880 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
3881 (a) mailing the ballot to the location designated in the mailing; or
3882 (b) depositing the ballot in a ballot drop box designated by the election officer.
3883 (79) "Voter" means an individual who:
3884 (a) meets the requirements for voting in an election;
3885 (b) meets the requirements of election registration;
3886 (c) is registered to vote; and
3887 (d) is listed in the official register book.
3888 (80) "Voter registration deadline" means the registration deadline provided in Section
3889 20A-2-102.5.
3890 (81) "Voting area" means the area within six feet of the voting booths, voting
3891 machines, and ballot box.
3892 (82) "Voting booth" means:
3893 (a) the space or compartment within a polling place that is provided for the preparation
3894 of ballots, including the voting enclosure or curtain; or
3895 (b) a voting device that is free standing.
3896 (83) "Voting device" means any device provided by an election officer for a voter to
3897 vote a mechanical ballot.
3898 (84) "Voting precinct" means the smallest geographical voting unit, established under
3899 Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
3900 (85) "Watcher" means an individual who complies with the requirements described in
3901 Section 20A-3a-801 to become a watcher for an election.
3902 (86) "Write-in ballot" means a ballot containing any write-in votes.
3903 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
3904 the ballot, in accordance with the procedures established in this title.
3905 Section 60. Section 20A-1-201.5 is amended to read:
3906 20A-1-201.5. Primary election dates.
3907 (1) The regular primary election shall be held throughout the state on the fourth
3908 Tuesday of June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
3909 20A-9-408, as applicable, to nominate persons for[
3910 county offices[
3911 [
3912 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
3913 following the first Monday in August before the regular municipal election to nominate persons
3914 for municipal offices.
3915 (3) A presidential primary election shall be held throughout the state on the first
3916 Tuesday in March in the year in which a presidential election will be held.
3917 Section 61. Section 20A-1-203 is amended to read:
3918 20A-1-203. Calling and purpose of special elections -- Two-thirds vote
3919 limitations.
3920 (1) Statewide and local special elections may be held for any purpose authorized by
3921 law.
3922 (2) (a) Statewide special elections shall be conducted using the procedure for regular
3923 general elections.
3924 (b) Except as otherwise provided in this title, local special elections shall be conducted
3925 using the procedures for regular municipal elections.
3926 (3) The governor may call a statewide special election by issuing an executive order
3927 that designates:
3928 (a) the date for the statewide special election; and
3929 (b) the purpose for the statewide special election.
3930 (4) The Legislature may call a statewide special election by passing a joint or
3931 concurrent resolution that designates:
3932 (a) the date for the statewide special election; and
3933 (b) the purpose for the statewide special election.
3934 (5) (a) The legislative body of a local political subdivision may call a local special
3935 election only for:
3936 (i) a vote on a bond or debt issue;
3937 (ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
3938 (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
3939 (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
3940 (v) if required or authorized by federal law, a vote to determine whether Utah's legal
3941 boundaries should be changed;
3942 (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
3943 (vii) a vote to elect members to school district boards for a new school district and a
3944 remaining school district, as defined in Section 53G-3-102, following the creation of a new
3945 school district under Section 53G-3-302;
3946 (viii) a vote on a municipality providing cable television services or public
3947 telecommunications services under Section 10-18-204;
3948 (ix) a vote to create a new county under Section 17-3-1;
3949 (x) a vote on a special property tax under Section 53F-8-402; or
3950 (xi) a vote on the incorporation of a municipality in accordance with Section
3951 10-2a-210[
3952 [
3953 (b) The legislative body of a local political subdivision may call a local special election
3954 by adopting an ordinance or resolution that designates:
3955 (i) the date for the local special election as authorized by Section 20A-1-204; and
3956 (ii) the purpose for the local special election.
3957 (c) A local political subdivision may not call a local special election unless the
3958 ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
3959 two-thirds majority of all members of the legislative body, if the local special election is for:
3960 (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
3961 (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
3962 (iii) a vote authorized or required for a sales tax issue as described in Subsection
3963 (5)(a)(vi).
3964 Section 62. Section 20A-1-306 is amended to read:
3965 20A-1-306. Electronic signatures prohibited.
3966 Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
3967 Subsections 68-3-12(1)(e) and [
3968 signature may not be used to sign a petition to:
3969 (1) except as provided in Section 20A-21-201, qualify a ballot proposition for the
3970 ballot under Chapter 7, Issues Submitted to the Voters;
3971 (2) organize and register a political party under Chapter 8, Political Party Formation
3972 and Procedures; or
3973 (3) except as provided in Section 20A-21-201, qualify a candidate for the ballot under
3974 Chapter 9, Candidate Qualifications and Nominating Procedures.
3975 Section 63. Section 20A-1-510 is amended to read:
3976 20A-1-510. Midterm vacancies in municipal offices.
3977 (1) (a) As used in this section:
3978 (i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
3979 in Section 20A-1-102.
3980 (ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
3981 (b) Except as otherwise provided in this section, if any vacancy occurs in the office of
3982 municipal executive or member of a municipal legislative body, the municipal legislative body
3983 shall, within 30 calendar days after the day on which the vacancy occurs, appoint a registered
3984 voter in the municipality who meets the qualifications for office described in Section 10-3-301
3985 to fill the unexpired term of the vacated office.
3986 (c) Before acting to fill the vacancy, the municipal legislative body shall:
3987 (i) give public notice of the vacancy at least 14 calendar days before the day on which
3988 the municipal legislative body meets to fill the vacancy;
3989 (ii) identify, in the notice:
3990 (A) the date, time, and place of the meeting where the vacancy will be filled;
3991 (B) the person to whom an individual interested in being appointed to fill the vacancy
3992 may submit the interested individual's name for consideration; and
3993 (C) the deadline for submitting an interested individual's name; and
3994 (iii) in an open meeting, interview each individual whose name is submitted for
3995 consideration, and who meets the qualifications for office, regarding the individual's
3996 qualifications.
3997 (d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
3998 among the names of the candidates interviewed under Subsection (1)(c)(iii).
3999 (ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
4000 initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
4001 the initial vote, as determined by the tie-breaking procedures described in Subsections
4002 (1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
4003 a second vote to fill the vacancy.
4004 (B) If the initial vote results in a tie for second place, the candidates tied for second
4005 place shall be reduced to one by a coin toss conducted in accordance with Subsection
4006 (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the
4007 candidate that received the most votes in the initial vote and the candidate that wins the coin
4008 toss described in this Subsection (1)(d)(ii)(B).
4009 (C) If the initial vote results in a tie among three or more candidates for first place, the
4010 candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
4011 with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
4012 be between the two candidates that remain after the coin toss described in this Subsection
4013 (1)(d)(ii)(C).
4014 (D) A coin toss required under this Subsection (1)(d) shall be conducted by the
4015 municipal clerk or recorder in the presence of the municipal legislative body.
4016 (iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
4017 receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
4018 coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
4019 (e) If the municipal legislative body does not timely comply with Subsections (1)(b)
4020 through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.
4021 (f) After receiving notice that a municipal legislative body has failed to timely comply
4022 with Subsections (1)(b) through (d), the lieutenant governor shall:
4023 (i) notify the municipal legislative body of the violation; and
4024 (ii) direct the municipal legislative body to, within 30 calendar days after the day on
4025 which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint
4026 an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
4027 (g) If the municipality fails to timely comply with a directive described in Subsection
4028 (1)(f):
4029 (i) the lieutenant governor shall notify the governor of the municipality's failure to fill
4030 the vacancy; and
4031 (ii) the governor shall, within 45 days after the day on which the governor receives the
4032 notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
4033 vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
4034 (2) (a) A vacancy in the office of municipal executive or member of a municipal
4035 legislative body shall be filled by an interim appointment, followed by an election to fill a
4036 two-year term, if:
4037 (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
4038 at least 14 days before the deadline for filing for election in an odd-numbered year; and
4039 (ii) two years of the vacated term will remain after the first Monday of January
4040 following the next municipal election.
4041 (b) In appointing an interim replacement, the municipal legislative body shall:
4042 (i) comply with the notice requirements of this section; and
4043 (ii) in an open meeting, interview each individual whose name is submitted for
4044 consideration, and who meets the qualifications for office, regarding the individual's
4045 qualifications.
4046 (3) (a) In a municipality operating under the council-mayor form of government, as
4047 defined in Section 10-3b-102:
4048 (i) the council may appoint an individual to fill a vacancy in the office of mayor before
4049 the effective date of the mayor's resignation by making the effective date of the appointment
4050 the same as the effective date of the mayor's resignation; and
4051 (ii) if a vacancy in the office of mayor occurs before the effective date of an
4052 appointment under Subsection (1) or (2) to fill the vacancy, the remaining council members, by
4053 majority vote, shall appoint a council member to serve as acting mayor during the time between
4054 the creation of the vacancy and the effective date of the appointment to fill the vacancy.
4055 (b) A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
4056 (i) act as a council member; and
4057 (ii) vote at council meetings.
4058 (4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
4059 this section, the municipal legislative body member whose resignation creates the vacancy on
4060 the municipal legislative body may:
4061 (A) interview an individual whose name is submitted for consideration under
4062 Subsection (1)(c)(iii) or (2)(b)(ii); and
4063 (B) vote on the appointment of an individual to fill the vacancy.
4064 (ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
4065 removed from office in accordance with state law may not cast a vote under Subsection
4066 (4)(a)(i).
4067 (b) A member of a municipal legislative body who submits his or her resignation to the
4068 municipal legislative body may not rescind the resignation.
4069 (c) A member of a municipal legislative body may not vote on an appointment under
4070 this section for himself or herself to fill a vacancy in the municipal legislative body.
4071 (5) In a municipality operating under the six-member council form of government or
4072 the council-manager form of government, defined in Subsection [
4073 if the voting members of the city council reach a tie vote on a matter of filling a vacancy, the
4074 mayor may vote to break the tie.
4075 (6) In a municipality operating under the council-mayor form of government, the
4076 mayor may not:
4077 (a) participate in the vote to fill a vacancy;
4078 (b) veto a decision of the council to fill a vacancy; or
4079 (c) vote in the case of a tie.
4080 (7) A mayor whose resignation from the municipal legislative body is due to election
4081 or appointment as mayor may, in the case of a tie, participate in the vote under this section.
4082 (8) A municipal legislative body may, consistent with the provisions of state law, adopt
4083 procedures governing the appointment, interview, and voting process for filling vacancies in
4084 municipal offices.
4085 Section 64. Section 20A-5-301 is amended to read:
4086 20A-5-301. Combined voting precincts -- Municipalities.
4087 (1) (a) The municipal legislative body of a city of the first or second class may combine
4088 up to four regular county voting precincts into one municipal voting precinct for purposes of a
4089 municipal election if they designate the location and address of each of those combined voting
4090 precincts.
4091 (b) The polling place shall be within the combined voting precinct or within 1/2 mile
4092 of the boundaries of the voting precinct.
4093 (2) (a) The municipal legislative body of a city of the third, fourth, or fifth class[
4094 town[
4095 municipal voting precinct for purposes of an election if it designates the location and address of
4096 that combined voting precinct.
4097 (b) If only two precincts are combined, the polling place shall be within the combined
4098 precinct or within 1/2 mile of the boundaries of the combined voting precinct.
4099 (c) If more than two precincts are combined, the polling place should be as near as
4100 practical to the middle of the combined precinct.
4101 Section 65. Section 20A-6-401 is amended to read:
4102 20A-6-401. Ballots for municipal primary elections.
4103 (1) Each election officer shall ensure that:
4104 (a) the following endorsements are printed in 18 point bold type:
4105 (i) "Official Primary Ballot for ____ (City[
4106 (ii) the date of the election; and
4107 (iii) a facsimile of the signature of the election officer and the election officer's title in
4108 eight point type;
4109 (b) immediately below the election officer's title, two one-point parallel horizontal
4110 rules separate endorsements from the rest of the ballot;
4111 (c) immediately below the horizontal rules, an "Instructions to Voters" section is
4112 printed in 10 point bold type that states: "To vote for a candidate, mark the space following the
4113 name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by
4114 two one-point parallel rules;
4115 (d) after the rules, the designation of the office for which the candidates seek
4116 nomination is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
4117 candidates for which the voter may vote)" are printed in 10-point bold type, followed by a
4118 hair-line rule;
4119 (e) after the hair-line rule, the names of the candidates are printed in heavy face type
4120 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
4121 with surnames last and grouped according to the office that they seek;
4122 (f) a square with sides not less than one-fourth inch long is printed immediately
4123 adjacent to the names of the candidates; and
4124 (g) the candidate groups are separated from each other by one light and one heavy line
4125 or rule.
4126 (2) A municipal primary ballot may not contain any space for write-in votes.
4127 Section 66. Section 20A-6-402 is amended to read:
4128 20A-6-402. Ballots for municipal general elections.
4129 (1) Except as otherwise required for a race conducted by instant runoff voting under
4130 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, for a manual
4131 ballot at a municipal general election, an election officer shall ensure that:
4132 (a) the names of the two candidates who received the highest number of votes for
4133 mayor in the municipal primary are placed upon the ballot;
4134 (b) if no municipal primary election was held, the names of the candidates who filed
4135 declarations of candidacy for municipal offices are placed upon the ballot;
4136 (c) for other offices:
4137 (i) twice the number of candidates as there are positions to be filled are certified as
4138 eligible for election in the municipal general election from those candidates who received the
4139 greater number of votes in the primary election; and
4140 (ii) the names of those candidates are placed upon the municipal general election
4141 ballot;
4142 (d) the names of the candidates are placed on the ballot in the order specified under
4143 Section 20A-6-305;
4144 (e) in an election in which a voter is authorized to cast a write-in vote and where a
4145 write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the
4146 ballot that contains, for each office in which there is a qualified write-in candidate:
4147 (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
4148 (ii) a square or other conforming area that is adjacent to or opposite the blank
4149 horizontal line to enable the voter to indicate the voter's vote;
4150 (f) ballot propositions that have qualified for the ballot, including propositions
4151 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
4152 listed on the ballot in accordance with Section 20A-6-107; and
4153 (g) bond propositions that have qualified for the ballot are listed on the ballot under the
4154 title assigned to each bond proposition under Section 11-14-206.
4155 (2) Except as otherwise required for a race conducted by instant runoff voting under
4156 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
4157 mechanical ballot at municipal general elections, each election officer shall ensure that:
4158 (a) the following endorsements are displayed on the first portion of the ballot:
4159 (i) "Official Ballot for ____ (City[
4160 (ii) the date of the election; and
4161 (iii) a facsimile of the signature of the election officer and the election officer's title;
4162 (b) immediately below the election officer's title, a distinct border or line separates the
4163 endorsements from the rest of the ballot;
4164 (c) immediately below the border or line, an "Instructions to Voters" section is
4165 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
4166 the candidate(s) for each respective office." followed by another border or line;
4167 (d) after the border or line, the designation of the office for which the candidates seek
4168 election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
4169 candidates for which the voter may vote)" are displayed, followed by a line or border;
4170 (e) after the line or border, the names of the candidates are displayed in the order
4171 specified under Section 20A-6-305 with surnames last and grouped according to the office that
4172 they seek;
4173 (f) a voting square or position is located adjacent to the name of each candidate;
4174 (g) following the name of the last candidate for each office in which a write-in
4175 candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
4176 voter may enter the name of and vote for a valid write-in candidate for the office; and
4177 (h) the candidate groups are separated from each other by a line or border.
4178 (3) When a municipality has chosen to nominate candidates by convention or
4179 committee, the election officer shall ensure that the party name is included with the candidate's
4180 name on the ballot.
4181 Section 67. Section 20A-7-101 is amended to read:
4182 20A-7-101. Definitions.
4183 As used in this chapter:
4184 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
4185 gather signatures for the electronic initiative process, the electronic referendum process, or the
4186 electronic candidate qualification process.
4187 (2) "Budget officer" means:
4188 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
4189 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
4190 (c) for a town, the town council[
4191 [
4192
4193 (3) "Certified" means that the county clerk has acknowledged a signature as being the
4194 signature of a registered voter.
4195 (4) "Circulation" means the process of submitting an initiative petition or a referendum
4196 petition to legal voters for their signature.
4197 (5) "Electronic initiative process" means:
4198 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
4199 and 20A-21-201, for gathering signatures; or
4200 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
4201 20A-21-201, for gathering signatures.
4202 (6) "Electronic referendum process" means:
4203 (a) as it relates to a statewide referendum, the process, described in Sections
4204 20A-7-313 and 20A-21-201, for gathering signatures; or
4205 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
4206 20A-21-201, for gathering signatures.
4207 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
4208 city, or town that is holding an election on a ballot proposition.
4209 (8) "Final fiscal impact statement" means a financial statement prepared after voters
4210 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
4211 20A-7-502.5(2).
4212 (9) "Initial fiscal impact statement" means
4213 a financial statement prepared under Section 20A-7-202.5 after the filing of a statewide
4214 initiative application.
4215 (10) "Initial fiscal impact and legal statement" means a financial and legal statement
4216 prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
4217 referendum.
4218 (11) "Initiative" means a new law proposed for adoption by the public as provided in
4219 this chapter.
4220 (12) "Initiative application" means:
4221 (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
4222 includes all the information, statements, documents, and notarized signatures required under
4223 Subsection 20A-7-202(2); or
4224 (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
4225 includes all the information, statements, documents, and notarized signatures required under
4226 Subsection 20A-7-502(2).
4227 (13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
4228 law, and the signature sheets, all of which have been bound together as a unit.
4229 (14) "Initiative petition":
4230 (a) as it relates to a statewide initiative, using the manual initiative process:
4231 (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
4232 submission of the initiative to the Legislature or the legal voters; and
4233 (ii) if the initiative proposes a tax increase, includes the statement described in
4234 Subsection 20A-7-203(2)(b);
4235 (b) as it relates to a statewide initiative, using the electronic initiative process:
4236 (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
4237 submission of the initiative to the Legislature or the legal voters; and
4238 (ii) if the initiative proposes a tax increase, includes the statement described in
4239 Subsection 20A-7-215(5)(b);
4240 (c) as it relates to a local initiative, using the manual initiative process:
4241 (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
4242 submission of the initiative to the legislative body or the legal voters; and
4243 (ii) if the initiative proposes a tax increase, includes the statement described in
4244 Subsection 20A-7-503(2)(b); or
4245 (d) as it relates to a local initiative, using the electronic initiative process:
4246 (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
4247 submission of the initiative to the legislative body or the legal voters; and
4248 (ii) if the initiative proposes a tax increase, includes the statement described in
4249 Subsection 20A-7-514(4)(a).
4250 (15) (a) "Land use law" means a law of general applicability, enacted based on the
4251 weighing of broad, competing policy considerations, that relates to the use of land, including
4252 land use regulation, a general plan, a land use development code, an annexation ordinance, the
4253 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
4254 resolution.
4255 (b) "Land use law" does not include a land use decision, as defined in Section
4256 10-9a-103 or 17-27a-103.
4257 (16) "Legal signatures" means the number of signatures of legal voters that:
4258 (a) meet the numerical requirements of this chapter; and
4259 (b) have been obtained, certified, and verified as provided in this chapter.
4260 (17) "Legal voter" means an individual who is registered to vote in Utah.
4261 (18) "Legally referable to voters" means:
4262 (a) for a proposed local initiative, that the proposed local initiative is legally referable
4263 to voters under Section 20A-7-502.7; or
4264 (b) for a proposed local referendum, that the proposed local referendum is legally
4265 referable to voters under Section 20A-7-602.7.
4266 (19) "Local attorney" means the county attorney, city attorney, or town attorney in
4267 whose jurisdiction a local initiative or referendum petition is circulated.
4268 (20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
4269 jurisdiction a local initiative or referendum petition is circulated.
4270 (21) (a) "Local law" includes:
4271 (i) an ordinance;
4272 (ii) a resolution;
4273 (iii) a land use law;
4274 (iv) a land use regulation, as defined in Section 10-9a-103; or
4275 (v) other legislative action of a local legislative body.
4276 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
4277 (22) "Local legislative body" means the legislative body of a county, city, or town[
4278
4279 (23) "Local obligation law" means a local law passed by the local legislative body
4280 regarding a bond that was approved by a majority of qualified voters in an election.
4281 (24) "Local tax law" means a law, passed by a political subdivision with an annual or
4282 biannual calendar fiscal year, that increases a tax or imposes a new tax.
4283 (25) "Manual initiative process" means the process for gathering signatures for an
4284 initiative using paper signature packets that a signer physically signs.
4285 (26) "Manual referendum process" means the process for gathering signatures for a
4286 referendum using paper signature packets that a signer physically signs.
4287 (27) "Measure" means a proposed constitutional amendment, an initiative, or
4288 referendum.
4289 (28) "Referendum" means a process by which a law passed by the Legislature or by a
4290 local legislative body is submitted or referred to the voters for their approval or rejection.
4291 (29) "Referendum application" means:
4292 (a) for a statewide referendum, an application described in Subsection 20A-7-302(2)
4293 that includes all the information, statements, documents, and notarized signatures required
4294 under Subsection 20A-7-302(2); or
4295 (b) for a local referendum, an application described in Subsection 20A-7-602(2) that
4296 includes all the information, statements, documents, and notarized signatures required under
4297 Subsection 20A-7-602(2).
4298 (30) "Referendum packet" means a copy of the referendum petition, a copy of the law
4299 being submitted or referred to the voters for their approval or rejection, and the signature
4300 sheets, all of which have been bound together as a unit.
4301 (31) "Referendum petition" means:
4302 (a) as it relates to a statewide referendum, using the manual referendum process, the
4303 form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by
4304 the Legislature to legal voters for their approval or rejection;
4305 (b) as it relates to a statewide referendum, using the electronic referendum process, the
4306 form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the
4307 Legislature to legal voters for their approval or rejection;
4308 (c) as it relates to a local referendum, using the manual referendum process, the form
4309 described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal
4310 voters for their approval or rejection; or
4311 (d) as it relates to a local referendum, using the electronic referendum process, the form
4312 described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters
4313 for their approval or rejection.
4314 (32) "Signature":
4315 (a) for a statewide initiative:
4316 (i) as it relates to the electronic initiative process, means an electronic signature
4317 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
4318 (ii) as it relates to the manual initiative process:
4319 (A) means a holographic signature collected physically on a signature sheet described
4320 in Section 20A-7-203; and
4321 (B) does not include an electronic signature;
4322 (b) for a statewide referendum:
4323 (i) as it relates to the electronic referendum process, means an electronic signature
4324 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
4325 (ii) as it relates to the manual referendum process:
4326 (A) means a holographic signature collected physically on a signature sheet described
4327 in Section 20A-7-303; and
4328 (B) does not include an electronic signature;
4329 (c) for a local initiative:
4330 (i) as it relates to the electronic initiative process, means an electronic signature
4331 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
4332 (ii) as it relates to the manual initiative process:
4333 (A) means a holographic signature collected physically on a signature sheet described
4334 in Section 20A-7-503; and
4335 (B) does not include an electronic signature; or
4336 (d) for a local referendum:
4337 (i) as it relates to the electronic referendum process, means an electronic signature
4338 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
4339 (ii) as it relates to the manual referendum process:
4340 (A) means a holographic signature collected physically on a signature sheet described
4341 in Section 20A-7-603; and
4342 (B) does not include an electronic signature.
4343 (33) "Signature sheets" means sheets in the form required by this chapter that are used
4344 under the manual initiative process or the manual referendum process to collect signatures in
4345 support of an initiative or referendum.
4346 (34) "Special local ballot proposition" means a local ballot proposition that is not a
4347 standard local ballot proposition.
4348 (35) "Sponsors" means the legal voters who support the initiative or referendum and
4349 who sign the initiative application or referendum application.
4350 (36) (a) "Standard local ballot proposition" means a local ballot proposition for an
4351 initiative or a referendum.
4352 (b) "Standard local ballot proposition" does not include a property tax referendum
4353 described in Section 20A-7-613.
4354 (37) "Tax percentage difference" means the difference between the tax rate proposed
4355 by an initiative or an initiative petition and the current tax rate.
4356 (38) "Tax percentage increase" means a number calculated by dividing the tax
4357 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
4358 (39) "Verified" means acknowledged by the person circulating the petition as required
4359 in Section 20A-7-105.
4360 Section 68. Section 20A-7-401.3 is amended to read:
4361 20A-7-401.3. Voter participation areas.
4362 (1) (a) Except as provided in Subsection (2):
4363 (i) [
4364 class[
4365 January 1, 2022, and January 1 each 10 years after 2022, divide the [
4366 county into eight contiguous and compact voter participation areas of substantially equal
4367 population; and
4368 (ii) [
4369 class[
4370 January 1, 2022, and January 1 each 10 years after 2022, divide the [
4371 county into four contiguous and compact voter participation areas of substantially equal
4372 population.
4373 (b) A [
4374 described in Subsection (1)(a) or (2)(b) for the purpose described in Sections 20A-7-501 and
4375 20A-7-601.
4376 (2) (a) This section does not apply to [
4377
4378 (b) A [
4379 not at-large districts may, regardless of the number of council districts that are not at-large
4380 districts, use the council districts as voter participation areas under this section.
4381 Section 69. Section 20A-7-501 is amended to read:
4382 20A-7-501. Initiatives -- Signature requirements -- Time requirements.
4383 (1) As used in this section:
4384 (a) "Number of active voters" means the number of active voters in the county, city, or
4385 town on the immediately preceding January 1.
4386 (b) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
4387 or (2)(b).
4388 (2) An eligible voter seeking to have an initiative submitted to a local legislative body
4389 or to a vote of the people for approval or rejection shall, after filing an initiative application,
4390 obtain legal signatures equal to:
4391 (a) for a county of the first class:
4392 (i) 7.75% of the number of active voters in the county; and
4393 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
4394 of the county's voter participation areas;
4395 (b) for [
4396 class:
4397 (i) 7.5% of the number of active voters in the [
4398 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
4399 of the [
4400 (c) for a county of the second class:
4401 (i) 8% of the number of active voters in the county; and
4402 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
4403 the county's voter participation areas;
4404 (d) for [
4405
4406 (i) 8.25% of the number of active voters in the [
4407 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
4408 of the [
4409 (e) for a county of the third class:
4410 (i) 9.5% of the number of active voters in the county; and
4411 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
4412 of the county's voter participation areas;
4413 (f) for [
4414 a city of the third class:
4415 (i) 10% of the number of active voters in the [
4416 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
4417 of the [
4418 (g) for a county of the fourth class:
4419 (i) 11.5% of the number of active voters in the county; and
4420 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
4421 of the county's voter participation areas;
4422 (h) for [
4423 a city of the fourth class:
4424 (i) 11.5% of the number of active voters in the [
4425 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
4426 of the [
4427 (i) for [
4428 city of the fifth class[
4429 [
4430 (j) for [
4431 the sixth class, 35% of the number of active voters in the [
4432 (3) If the total number of certified signatures collected for the initiative petition equals
4433 or exceeds the number of signatures required by this section, the clerk or recorder shall deliver
4434 the proposed law to the local legislative body at the local legislative body's next meeting.
4435 (4) (a) The local legislative body shall either adopt or reject the proposed law without
4436 change or amendment within 30 days after the day on which the local legislative body receives
4437 the proposed law under Subsection (3).
4438 (b) The local legislative body may:
4439 (i) adopt the proposed law and refer the proposed law to the people;
4440 (ii) adopt the proposed law without referring the proposed law to the people; or
4441 (iii) reject the proposed law.
4442 (c) If the local legislative body adopts the proposed law but does not refer the proposed
4443 law to the people, the proposed law is subject to referendum as with other local laws.
4444 (d) (i) If a county legislative body rejects a proposed law, or takes no action on a
4445 proposed law, the county clerk shall submit the proposed law to the voters of the county at the
4446 next regular general election immediately after the initiative application for the proposed law is
4447 filed under Section 20A-7-502.
4448 (ii) If a local legislative body of a municipality rejects a proposed law, or takes no
4449 action on a proposed law, the municipal recorder or clerk shall submit the proposed law to the
4450 voters of the municipality at the next municipal general election immediately after the initiative
4451 application is filed under Section 20A-7-502.
4452 (e) (i) If a local legislative body rejects a proposed law, or takes no action on a
4453 proposed law, the local legislative body may adopt a competing local law.
4454 (ii) The local legislative body shall prepare and adopt the competing local law within
4455 the 30-day period described in Subsection (4)(a).
4456 (iii) If a local legislative body adopts a competing local law, the clerk or recorder shall
4457 refer the competing local law to the voters of the county or municipality at the same election at
4458 which the law proposed by initiative is submitted under Subsection (4)(d).
4459 (f) If conflicting local laws are submitted to the people at the same election and two or
4460 more of the conflicting measures are approved by the people, the proposed law that receives the
4461 greatest number of affirmative votes shall control all conflicts.
4462 Section 70. Section 20A-7-502.7 is amended to read:
4463 20A-7-502.7. Referability to voters.
4464 (1) Within 20 days after the day on which an eligible voter files an initiative
4465 application under Section 20A-7-502, counsel for the county, city, or town[
4466
4467 (a) review the proposed law that is the subject of the initiative application to determine
4468 whether the law is legally referable to voters; and
4469 (b) notify the first three sponsors, in writing, whether the proposed law is:
4470 (i) legally referable to voters; or
4471 (ii) rejected as not legally referable to voters.
4472 (2) A proposed law that is the subject of an initiative application is legally referable to
4473 voters unless:
4474 (a) the proposed law:
4475 (i) is patently unconstitutional;
4476 (ii) is nonsensical;
4477 (iii) is administrative, rather than legislative, in nature;
4478 (iv) could not become law if passed;
4479 (v) contains more than one subject as evaluated in accordance with Subsection
4480 20A-7-502(3); or
4481 (b) is identical or substantially similar to a legally referable proposed law sought by an
4482 initiative application submitted to the local clerk, under Section 20A-7-502, within two years
4483 before the day on which the initiative application for the current proposed law is filed;
4484 (c) the subject of the proposed law is not clearly expressed in the law's title; or
4485 (d) the initiative application was not timely filed or does not comply with the
4486 requirements of this part.
4487 (3) After the end of the 20-day period described in Subsection (1), a county, city, or
4488 town[
4489 (a) reject a proposed initiative as not legally referable to voters; or
4490 (b) bring a legal action, other than to appeal a court decision, challenging a proposed
4491 initiative on the grounds that the proposed initiative is not legally referable to voters.
4492 (4) If a county, city, or town[
4493 sponsor of the proposed initiative may, within 10 days after the day on which a sponsor is
4494 notified under Subsection (1)(b), appeal the decision to:
4495 (a) district court; or
4496 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
4497 (5) If, on appeal, the court determines that the law proposed by the initiative
4498 application is legally referable to voters, the local clerk shall comply with Subsection
4499 20A-7-504(3), or give the sponsors access to the website defined in Section 20A-21-101,
4500 within five days after the day on which the determination, and any appeal of the determination,
4501 is final.
4502 Section 71. Section 20A-7-504 is amended to read:
4503 20A-7-504. Manual initiative process -- Circulation requirements -- Local clerk to
4504 provide sponsors with materials.
4505 (1) This section applies only to the manual initiative process.
4506 (2) In order to obtain the necessary number of signatures required by this part, the
4507 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
4508 in Subsections (3) and 20A-7-401.5(4)(b), circulate initiative packets that meet the form
4509 requirements of this part.
4510 (3) Within five days after the day on which a county, city, town, [
4511 court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
4512 petition is legally referable to voters, the local clerk shall provide to the sponsors:
4513 (a) a copy of the initiative petition; and
4514 (b) a signature sheet.
4515 (4) The sponsors of the initiative shall:
4516 (a) arrange and pay for the printing of all documents that are part of the initiative
4517 packets; and
4518 (b) ensure that the initiative packets and the documents described in Subsection (4)(a)
4519 meet the requirements of this part.
4520 (5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
4521 circulation by creating multiple initiative packets.
4522 (b) The sponsors or an agent of the sponsors shall create initiative packets by binding a
4523 copy of the initiative petition with the text of the proposed law and no more than 50 signature
4524 sheets together at the top in a manner that the initiative packets may be conveniently opened for
4525 signing.
4526 (c) An initiative packet is not required to have a uniform number of signature sheets.
4527 (d) The sponsors or an agent of the sponsors shall include, with each initiative packet, a
4528 copy of the proposition information pamphlet provided to the sponsors under Subsection
4529 20A-7-401.5(4)(b).
4530 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
4531 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
4532 number initiative packets; and
4533 (ii) number each initiative packet, sequentially, within the range of numbers provided
4534 by the county clerk, starting with the lowest number in the range.
4535 (b) The sponsors or an agent of the sponsors may not:
4536 (i) number an initiative packet in a manner not directed by the county clerk; or
4537 (ii) circulate or submit an initiative packet that is not numbered in the manner directed
4538 by the county clerk.
4539 (c) The county clerk shall keep a record of the number range provided under
4540 Subsection (6)(a).
4541 Section 72. Section 20A-7-601 is amended to read:
4542 20A-7-601. Referenda -- General signature requirements -- Signature
4543 requirements for land use laws, subjurisdictional laws, and transit area land use laws --
4544 Time requirements.
4545 (1) As used in this section:
4546 (a) "Number of active voters" means the number of active voters in the county, city, or
4547 town on the immediately preceding January 1.
4548 (b) "Qualifying county" means a county that has created a small public transit district,
4549 as defined in Section 17B-2a-802, on or before January 1, 2022.
4550 (c) "Qualifying transit area" means:
4551 (i) a station area, as defined in Section 10-9a-403.1, for which the municipality with
4552 jurisdiction over the station area has satisfied the requirements of Subsection
4553 10-9a-403.1(2)(a)(i), as demonstrated by the adoption of a station area plan or resolution under
4554 Subsection 10-9a-403.1(2); or
4555 (ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created
4556 within a qualifying county.
4557 (d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
4558 jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
4559 (e) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
4560 local legislative body that imposes a tax or other payment obligation on property in an area that
4561 does not include all precincts and subprecincts under the jurisdiction of the county, city, or
4562 town[
4563 (ii) "Subjurisdictional law" does not include a land use law.
4564 (f) "Transit area land use law" means a land use law that relates to the use of land
4565 within a qualifying transit area.
4566 (g) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
4567 or (2)(b).
4568 (2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have
4569 a local law passed by the local legislative body submitted to a vote of the people shall, after
4570 filing a referendum application, obtain legal signatures equal to:
4571 (a) for a county of the first class:
4572 (i) 7.75% of the number of active voters in the county; and
4573 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
4574 of the county's voter participation areas;
4575 (b) for [
4576 class:
4577 (i) 7.5% of the number of active voters in the [
4578 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
4579 of the [
4580 (c) for a county of the second class:
4581 (i) 8% of the number of active voters in the county; and
4582 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
4583 the county's voter participation areas;
4584 (d) for [
4585
4586 (i) 8.25% of the number of active voters in the [
4587 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
4588 of the [
4589 (e) for a county of the third class:
4590 (i) 9.5% of the number of active voters in the county; and
4591 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
4592 of the county's voter participation areas;
4593 (f) for [
4594 a city of the third class:
4595 (i) 10% of the number of active voters in the [
4596 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
4597 of the [
4598 (g) for a county of the fourth class:
4599 (i) 11.5% of the number of active voters in the county; and
4600 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
4601 of the county's voter participation areas;
4602 (h) for [
4603 a city of the fourth class:
4604 (i) 11.5% of the number of active voters in the [
4605 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
4606 of the [
4607 (i) for [
4608 city of the fifth class[
4609 [
4610 (j) for [
4611 the sixth class, 35% of the number of active voters in the [
4612 (3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land
4613 use law or local obligation law passed by the local legislative body submitted to a vote of the
4614 people shall, after filing a referendum application, obtain legal signatures equal to:
4615 (a) for a county of the first, second, third, or fourth class:
4616 (i) 16% of the number of active voters in the county; and
4617 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
4618 of the county's voter participation areas;
4619 (b) for a county of the fifth or sixth class:
4620 (i) 16% of the number of active voters in the county; and
4621 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
4622 of the county's voter participation areas;
4623 (c) for [
4624 class:
4625 (i) 15% of the number of active voters in the [
4626 (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
4627 of the [
4628 (d) for [
4629 or a city of the second class:
4630 (i) 16% of the number of active voters in the [
4631 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
4632 of the [
4633 (e) for [
4634 a city of the third class:
4635 (i) 27.5% of the number of active voters in the [
4636 (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
4637 of the [
4638 (f) for [
4639 a city of the fourth class:
4640 (i) 29% of the number of active voters in the [
4641 (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
4642 of the [
4643 (g) for [
4644 city of the fifth class, 35% of the number of active voters in the [
4645 (h) for [
4646 number of active voters in the [
4647 (4) A person seeking to have a subjurisdictional law passed by the local legislative
4648 body submitted to a vote of the people shall, after filing a referendum application, obtain legal
4649 signatures of the residents in the subjurisdiction equal to:
4650 (a) 10% of the number of active voters in the subjurisdiction if the number of active
4651 voters exceeds 25,000;
4652 (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
4653 active voters does not exceed 25,000 but is more than 10,000;
4654 (c) 15% of the number of active voters in the subjurisdiction if the number of active
4655 voters does not exceed 10,000 but is more than 2,500;
4656 (d) 20% of the number of active voters in the subjurisdiction if the number of active
4657 voters does not exceed 2,500 but is more than 500;
4658 (e) 25% of the number of active voters in the subjurisdiction if the number of active
4659 voters does not exceed 500 but is more than 250; and
4660 (f) 30% of the number of active voters in the subjurisdiction if the number of active
4661 voters does not exceed 250.
4662 (5) An eligible voter seeking to have a transit area land use law passed by the local
4663 legislative body submitted to a vote of the people shall, after filing a referendum application,
4664 obtain legal signatures equal to:
4665 (a) for a county:
4666 (i) 20% of the number of active voters in the county; and
4667 (ii) 21% of the number of active voters in at least 75% of the county's voter
4668 participation areas;
4669 (b) for [
4670 class:
4671 (i) 20% of the number of active voters in the [
4672 (ii) 20% of the number of active voters in at least 75% of the [
4673 city's voter participation areas;
4674 (c) for [
4675
4676 (i) 20% of the number of active voters in the [
4677 (ii) 21% of the number of active voters in at least 75% of the [
4678 city's voter participation areas;
4679 (d) for [
4680 a city of the third class:
4681 (i) 34% of the number of active voters in the [
4682 (ii) 34% of the number of active voters in at least 75% of the [
4683 city's voter participation areas;
4684 (e) for [
4685 a city of the fourth class:
4686 (i) 36% of the number of active voters in the [
4687 (ii) 36% of the number of active voters in at least 75% of the [
4688 city's voter participation areas; or
4689 (f) for [
4690 or a town, 40% of the number of active voters in the [
4691 (6) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), or
4692 (5), any local law passed by a local legislative body shall file the application before 5 p.m.
4693 within seven days after the day on which the local law was passed.
4694 (7) Nothing in this section authorizes a local legislative body to impose a tax or other
4695 payment obligation on a subjurisdiction in order to benefit an area outside of the
4696 subjurisdiction.
4697 Section 73. Section 20A-7-602.7 is amended to read:
4698 20A-7-602.7. Referability to voters of local law other than land use law.
4699 (1) Within 20 days after the day on which an eligible voter files a referendum
4700 application under Section 20A-7-602 for a local law other than a land use law, counsel for the
4701 county, city, or town[
4702 (a) review the referendum application to determine whether the proposed referendum is
4703 legally referable to voters; and
4704 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
4705 (i) legally referable to voters; or
4706 (ii) rejected as not legally referable to voters.
4707 (2) For a local law other than a land use law, a proposed referendum is legally referable
4708 to voters unless:
4709 (a) the proposed referendum challenges an action that is administrative, rather than
4710 legislative, in nature;
4711 (b) the proposed referendum challenges more than one law passed by the local
4712 legislative body; or
4713 (c) the referendum application was not timely filed or does not comply with the
4714 requirements of this part.
4715 (3) After the end of the 20-day period described in Subsection (1), a county, city, or
4716 town[
4717 (a) reject a proposed referendum as not legally referable to voters; or
4718 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
4719 proposed referendum on the grounds that the proposed referendum is not legally referable to
4720 voters.
4721 (4) (a) If, under Subsection (1)(b)(ii), a county, city, or town[
4722 rejects a proposed referendum concerning a local law other than a land use law, a sponsor of
4723 the proposed referendum may, within 10 days after the day on which a sponsor is notified
4724 under Subsection (1)(b), challenge or appeal the decision to:
4725 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
4726 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
4727 under Subsection (4)(a)(i).
4728 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
4729 (4)(a) terminates the referendum.
4730 (5) If, on a challenge or appeal, the court determines that the proposed referendum
4731 described in Subsection (4) is legally referable to voters, the local clerk shall comply with
4732 Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section
4733 20A-21-101, within five days after the day on which the determination, and any challenge or
4734 appeal of the determination, is final.
4735 Section 74. Section 20A-7-602.8 is amended to read:
4736 20A-7-602.8. Referability to voters of local land use law.
4737 (1) Within 20 days after the day on which a referendum eligible voter files an
4738 application under Section 20A-7-602 for a land use law, counsel for the county, city, or town[
4739
4740 (a) review the referendum application to determine whether the proposed referendum is
4741 legally referable to voters; and
4742 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
4743 (i) legally referable to voters; or
4744 (ii) rejected as not legally referable to voters.
4745 (2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
4746 legally referable to voters unless:
4747 (i) the proposed referendum challenges an action that is administrative, rather than
4748 legislative, in nature;
4749 (ii) the proposed referendum challenges a land use decision, rather than a land use
4750 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
4751 (iii) the proposed referendum challenges more than one law passed by the local
4752 legislative body; or
4753 (iv) the referendum application was not timely filed or does not comply with the
4754 requirements of this part.
4755 (b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
4756 legally referable to voters for a:
4757 (i) municipal land use law, as defined in Section 20A-7-101, if the land use law was
4758 passed by a unanimous vote of the local legislative body; or
4759 (ii) transit area land use law, as defined in Section 20A-7-601, if the transit area land
4760 use law was passed by a two-thirds vote of the local legislative body.
4761 (3) After the end of the 20-day period described in Subsection (1), a county, city, or
4762 town[
4763 (a) reject a proposed referendum as not legally referable to voters; or
4764 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
4765 proposed referendum on the grounds that the proposed referendum is not legally referable to
4766 voters.
4767 (4) (a) If a county, city, or town[
4768 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
4769 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
4770 to:
4771 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
4772 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
4773 under Subsection (4)(a)(i).
4774 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
4775 (4)(a) terminates the referendum.
4776 (5) If, on challenge or appeal, the court determines that the proposed referendum is
4777 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give
4778 the sponsors access to the website defined in Section 20A-21-101, within five days after the
4779 day on which the determination, and any challenge or appeal of the determination, is final.
4780 Section 75. Section 20A-7-604 is amended to read:
4781 20A-7-604. Manual referendum process -- Circulation requirements -- Local
4782 clerk to provide sponsors with materials.
4783 (1) This section applies only to the manual referendum process.
4784 (2) In order to obtain the necessary number of signatures required by this part, the
4785 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
4786 in Subsections (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the form
4787 requirements of this part.
4788 (3) Within five days after the day on which a county, city, town, [
4789 court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
4790 legally referable to voters, the local clerk shall provide the sponsors with
4791 a copy of the referendum petition and a signature sheet.
4792 (4) The sponsors of the referendum petition shall:
4793 (a) arrange and pay for the printing of all documents that are part of the referendum
4794 packets; and
4795 (b) ensure that the referendum packets and the documents described in Subsection
4796 (4)(a) meet the form requirements of this section.
4797 (5) (a) The sponsors or an agent of the sponsors may prepare the referendum packets
4798 for circulation by creating multiple referendum packets.
4799 (b) The sponsors or an agent of the sponsors shall create referendum packets by
4800 binding a copy of the referendum petition with the text of the law that is the subject of the
4801 referendum and no more than 50 signature sheets together at the top in a manner that the
4802 referendum packets may be conveniently opened for signing.
4803 (c) A referendum packet is not required to have a uniform number of signature sheets.
4804 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
4805 the proposition information pamphlet provided to the sponsors under Subsection
4806 20A-7-401.5(4)(b).
4807 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
4808 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
4809 number referendum packets;
4810 (ii) sign an agreement with the local clerk, specifying the range of numbers that the
4811 sponsor will use to number the referendum packets; and
4812 (iii) number each referendum packet, sequentially, within the range of numbers
4813 provided by the county clerk, starting with the lowest number in the range.
4814 (b) The sponsors or an agent of the sponsors may not:
4815 (i) number a referendum packet in a manner not directed by the county clerk; or
4816 (ii) circulate or submit a referendum packet that is not numbered in the manner
4817 directed by the county clerk.
4818 Section 76. Section 20A-11-101 is amended to read:
4819 20A-11-101. Definitions.
4820 As used in this chapter:
4821 (1) (a) "Address" means the number and street where an individual resides or where a
4822 reporting entity has its principal office.
4823 (b) "Address" does not include a post office box.
4824 (2) "Agent of a reporting entity" means:
4825 (a) a person acting on behalf of a reporting entity at the direction of the reporting
4826 entity;
4827 (b) a person employed by a reporting entity in the reporting entity's capacity as a
4828 reporting entity;
4829 (c) the personal campaign committee of a candidate or officeholder;
4830 (d) a member of the personal campaign committee of a candidate or officeholder in the
4831 member's capacity as a member of the personal campaign committee of the candidate or
4832 officeholder; or
4833 (e) a political consultant of a reporting entity.
4834 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
4835 amendments, and any other ballot propositions submitted to the voters that are authorized by
4836 the Utah Code Annotated 1953.
4837 (4) "Candidate" means any person who:
4838 (a) files a declaration of candidacy for a public office; or
4839 (b) receives contributions, makes expenditures, or gives consent for any other person to
4840 receive contributions or make expenditures to bring about the person's nomination or election
4841 to a public office.
4842 (5) "Chief election officer" means:
4843 (a) the lieutenant governor for state office candidates, legislative office candidates,
4844 officeholders, political parties, political action committees, corporations, political issues
4845 committees, state school board candidates, judges, and labor organizations, as defined in
4846 Section 20A-11-1501; and
4847 (b) the county clerk for local school board candidates.
4848 (6) (a) "Contribution" means any of the following when done for political purposes:
4849 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
4850 value given to the filing entity;
4851 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
4852 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
4853 anything of value to the filing entity;
4854 (iii) any transfer of funds from another reporting entity to the filing entity;
4855 (iv) compensation paid by any person or reporting entity other than the filing entity for
4856 personal services provided without charge to the filing entity;
4857 (v) remuneration from:
4858 (A) any organization or its directly affiliated organization that has a registered lobbyist;
4859 or
4860 (B) any agency or subdivision of the state, including school districts;
4861 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
4862 (vii) in-kind contributions.
4863 (b) "Contribution" does not include:
4864 (i) services provided by individuals volunteering a portion or all of their time on behalf
4865 of the filing entity if the services are provided without compensation by the filing entity or any
4866 other person;
4867 (ii) money lent to the filing entity by a financial institution in the ordinary course of
4868 business;
4869 (iii) goods or services provided for the benefit of a political entity at less than fair
4870 market value that are not authorized by or coordinated with the political entity; or
4871 (iv) data or information described in Subsection (24)(b).
4872 (7) "Coordinated with" means that goods or services provided for the benefit of a
4873 political entity are provided:
4874 (a) with the political entity's prior knowledge, if the political entity does not object;
4875 (b) by agreement with the political entity;
4876 (c) in coordination with the political entity; or
4877 (d) using official logos, slogans, and similar elements belonging to a political entity.
4878 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
4879 organization that is registered as a corporation or is authorized to do business in a state and
4880 makes any expenditure from corporate funds for:
4881 (i) the purpose of expressly advocating for political purposes; or
4882 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
4883 proposition.
4884 (b) "Corporation" does not mean:
4885 (i) a business organization's political action committee or political issues committee; or
4886 (ii) a business entity organized as a partnership or a sole proprietorship.
4887 (9) "County political party" means, for each registered political party, all of the persons
4888 within a single county who, under definitions established by the political party, are members of
4889 the registered political party.
4890 (10) "County political party officer" means a person whose name is required to be
4891 submitted by a county political party to the lieutenant governor in accordance with Section
4892 20A-8-402.
4893 (11) "Detailed listing" means:
4894 (a) for each contribution or public service assistance:
4895 (i) the name and address of the individual or source making the contribution or public
4896 service assistance, except to the extent that the name or address of the individual or source is
4897 unknown;
4898 (ii) the amount or value of the contribution or public service assistance; and
4899 (iii) the date the contribution or public service assistance was made; and
4900 (b) for each expenditure:
4901 (i) the amount of the expenditure;
4902 (ii) the goods or services acquired by the expenditure; and
4903 (iii) the date the expenditure was made.
4904 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
4905 for membership in the corporation, to a corporation without receiving full and adequate
4906 consideration for the money.
4907 (b) "Donor" does not include a person that signs a statement that the corporation may
4908 not use the money for an expenditure or political issues expenditure.
4909 (13) "Election" means each:
4910 (a) regular general election;
4911 (b) regular primary election; and
4912 (c) special election at which candidates are eliminated and selected.
4913 (14) "Electioneering communication" means a communication that:
4914 (a) has at least a value of $10,000;
4915 (b) clearly identifies a candidate or judge; and
4916 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
4917 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
4918 identified candidate's or judge's election date.
4919 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
4920 agent of a reporting entity on behalf of the reporting entity:
4921 (i) any disbursement from contributions, receipts, or from the separate bank account
4922 required by this chapter;
4923 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
4924 or anything of value made for political purposes;
4925 (iii) an express, legally enforceable contract, promise, or agreement to make any
4926 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
4927 value for political purposes;
4928 (iv) compensation paid by a filing entity for personal services rendered by a person
4929 without charge to a reporting entity;
4930 (v) a transfer of funds between the filing entity and a candidate's personal campaign
4931 committee;
4932 (vi) goods or services provided by the filing entity to or for the benefit of another
4933 reporting entity for political purposes at less than fair market value; or
4934 (vii) an independent expenditure, as defined in Section 20A-11-1702.
4935 (b) "Expenditure" does not include:
4936 (i) services provided without compensation by individuals volunteering a portion or all
4937 of their time on behalf of a reporting entity;
4938 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
4939 business; or
4940 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
4941 candidates for office or officeholders in states other than Utah.
4942 (16) "Federal office" means the office of president of the United States, United States
4943 Senator, or United States Representative.
4944 (17) "Filing entity" means the reporting entity that is required to file a financial
4945 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
4946 (18) "Financial statement" includes any summary report, interim report, verified
4947 financial statement, or other statement disclosing contributions, expenditures, receipts,
4948 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
4949 Retention Elections.
4950 (19) "Governing board" means the individual or group of individuals that determine the
4951 candidates and committees that will receive expenditures from a political action committee,
4952 political party, or corporation.
4953 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
4954 Incorporation, by which a geographical area becomes legally recognized as a city[
4955
4956 (21) "Incorporation election" means the election conducted under Section 10-2a-210
4957 [
4958 (22) "Incorporation petition" means a petition described in Section 10-2a-208.
4959 (23) "Individual" means a natural person.
4960 (24) (a) "In-kind contribution" means anything of value, other than money, that is
4961 accepted by or coordinated with a filing entity.
4962 (b) "In-kind contribution" does not include survey results, voter lists, voter contact
4963 information, demographic data, voting trend data, or other information that:
4964 (i) is not commissioned for the benefit of a particular candidate or officeholder; and
4965 (ii) is offered at no cost to a candidate or officeholder.
4966 (25) "Interim report" means a report identifying the contributions received and
4967 expenditures made since the last report.
4968 (26) "Legislative office" means the office of state senator, state representative, speaker
4969 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
4970 whip of any party caucus in either house of the Legislature.
4971 (27) "Legislative office candidate" means a person who:
4972 (a) files a declaration of candidacy for the office of state senator or state representative;
4973 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
4974 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
4975 assistant whip of any party caucus in either house of the Legislature; or
4976 (c) receives contributions, makes expenditures, or gives consent for any other person to
4977 receive contributions or make expenditures to bring about the person's nomination, election, or
4978 appointment to a legislative office.
4979 (28) "Loan" means any of the following provided by a person that benefits a filing
4980 entity if the person expects repayment or reimbursement:
4981 (a) an expenditure made using any form of payment;
4982 (b) money or funds received by the filing entity;
4983 (c) the provision of a good or service with an agreement or understanding that payment
4984 or reimbursement will be delayed; or
4985 (d) use of any line of credit.
4986 (29) "Major political party" means either of the two registered political parties that
4987 have the greatest number of members elected to the two houses of the Legislature.
4988 (30) "Officeholder" means a person who holds a public office.
4989 (31) "Party committee" means any committee organized by or authorized by the
4990 governing board of a registered political party.
4991 (32) "Person" means both natural and legal persons, including individuals, business
4992 organizations, personal campaign committees, party committees, political action committees,
4993 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
4994 (33) "Personal campaign committee" means the committee appointed by a candidate to
4995 act for the candidate as provided in this chapter.
4996 (34) "Personal use expenditure" has the same meaning as provided under Section
4997 20A-11-104.
4998 (35) (a) "Political action committee" means an entity, or any group of individuals or
4999 entities within or outside this state, a major purpose of which is to:
5000 (i) solicit or receive contributions from any other person, group, or entity for political
5001 purposes; or
5002 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
5003 vote for or against any candidate or person seeking election to a municipal or county office.
5004 (b) "Political action committee" includes groups affiliated with a registered political
5005 party but not authorized or organized by the governing board of the registered political party
5006 that receive contributions or makes expenditures for political purposes.
5007 (c) "Political action committee" does not mean:
5008 (i) a party committee;
5009 (ii) any entity that provides goods or services to a candidate or committee in the regular
5010 course of its business at the same price that would be provided to the general public;
5011 (iii) an individual;
5012 (iv) individuals who are related and who make contributions from a joint checking
5013 account;
5014 (v) a corporation, except a corporation a major purpose of which is to act as a political
5015 action committee; or
5016 (vi) a personal campaign committee.
5017 (36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
5018 by another person on behalf of and with the knowledge of the reporting entity, to provide
5019 political advice to the reporting entity.
5020 (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
5021 where the person:
5022 (i) has already been paid, with money or other consideration;
5023 (ii) expects to be paid in the future, with money or other consideration; or
5024 (iii) understands that the person may, in the discretion of the reporting entity or another
5025 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
5026 money or other consideration.
5027 (37) "Political convention" means a county or state political convention held by a
5028 registered political party to select candidates.
5029 (38) "Political entity" means a candidate, a political party, a political action committee,
5030 or a political issues committee.
5031 (39) (a) "Political issues committee" means an entity, or any group of individuals or
5032 entities within or outside this state, a major purpose of which is to:
5033 (i) solicit or receive donations from any other person, group, or entity to assist in
5034 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
5035 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
5036 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
5037 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
5038 proposed ballot proposition or an incorporation in an incorporation election; or
5039 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
5040 ballot or to assist in keeping a ballot proposition off the ballot.
5041 (b) "Political issues committee" does not mean:
5042 (i) a registered political party or a party committee;
5043 (ii) any entity that provides goods or services to an individual or committee in the
5044 regular course of its business at the same price that would be provided to the general public;
5045 (iii) an individual;
5046 (iv) individuals who are related and who make contributions from a joint checking
5047 account;
5048 (v) a corporation, except a corporation a major purpose of which is to act as a political
5049 issues committee; or
5050 (vi) a group of individuals who:
5051 (A) associate together for the purpose of challenging or supporting a single ballot
5052 proposition, ordinance, or other governmental action by a county, city, town, special district,
5053 special service district, or other local political subdivision of the state;
5054 (B) have a common liberty, property, or financial interest that is directly impacted by
5055 the ballot proposition, ordinance, or other governmental action;
5056 (C) do not associate together, for the purpose described in Subsection (39)(b)(vi)(A),
5057 via a legal entity;
5058 (D) do not receive funds for challenging or supporting the ballot proposition,
5059 ordinance, or other governmental action from a person other than an individual in the group;
5060 and
5061 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
5062 (39)(b)(vi)(A).
5063 (40) (a) "Political issues contribution" means any of the following:
5064 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
5065 anything of value given to a political issues committee;
5066 (ii) an express, legally enforceable contract, promise, or agreement to make a political
5067 issues donation to influence the approval or defeat of any ballot proposition;
5068 (iii) any transfer of funds received by a political issues committee from a reporting
5069 entity;
5070 (iv) compensation paid by another reporting entity for personal services rendered
5071 without charge to a political issues committee; and
5072 (v) goods or services provided to or for the benefit of a political issues committee at
5073 less than fair market value.
5074 (b) "Political issues contribution" does not include:
5075 (i) services provided without compensation by individuals volunteering a portion or all
5076 of their time on behalf of a political issues committee; or
5077 (ii) money lent to a political issues committee by a financial institution in the ordinary
5078 course of business.
5079 (41) (a) "Political issues expenditure" means any of the following when made by a
5080 political issues committee or on behalf of a political issues committee by an agent of the
5081 reporting entity:
5082 (i) any payment from political issues contributions made for the purpose of influencing
5083 the approval or the defeat of:
5084 (A) a ballot proposition; or
5085 (B) an incorporation petition or incorporation election;
5086 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
5087 the express purpose of influencing the approval or the defeat of:
5088 (A) a ballot proposition; or
5089 (B) an incorporation petition or incorporation election;
5090 (iii) an express, legally enforceable contract, promise, or agreement to make any
5091 political issues expenditure;
5092 (iv) compensation paid by a reporting entity for personal services rendered by a person
5093 without charge to a political issues committee; or
5094 (v) goods or services provided to or for the benefit of another reporting entity at less
5095 than fair market value.
5096 (b) "Political issues expenditure" does not include:
5097 (i) services provided without compensation by individuals volunteering a portion or all
5098 of their time on behalf of a political issues committee; or
5099 (ii) money lent to a political issues committee by a financial institution in the ordinary
5100 course of business.
5101 (42) "Political purposes" means an act done with the intent or in a way to influence or
5102 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
5103 against any:
5104 (a) candidate or a person seeking a municipal or county office at any caucus, political
5105 convention, or election; or
5106 (b) judge standing for retention at any election.
5107 (43) (a) "Poll" means the survey of a person regarding the person's opinion or
5108 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
5109 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
5110 person or by telephone, facsimile, Internet, postal mail, or email.
5111 (b) "Poll" does not include:
5112 (i) a ballot; or
5113 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
5114 (A) the focus group consists of more than three, and less than thirteen, individuals; and
5115 (B) all individuals in the focus group are present during the interview.
5116 (44) "Primary election" means any regular primary election held under the election
5117 laws.
5118 (45) "Publicly identified class of individuals" means a group of 50 or more individuals
5119 sharing a common occupation, interest, or association that contribute to a political action
5120 committee or political issues committee and whose names can be obtained by contacting the
5121 political action committee or political issues committee upon whose financial statement the
5122 individuals are listed.
5123 (46) "Public office" means the office of governor, lieutenant governor, state auditor,
5124 state treasurer, attorney general, state school board member, state senator, state representative,
5125 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
5126 assistant whip of any party caucus in either house of the Legislature.
5127 (47) (a) "Public service assistance" means the following when given or provided to an
5128 officeholder to defray the costs of functioning in a public office or aid the officeholder to
5129 communicate with the officeholder's constituents:
5130 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
5131 money or anything of value to an officeholder; or
5132 (ii) goods or services provided at less than fair market value to or for the benefit of the
5133 officeholder.
5134 (b) "Public service assistance" does not include:
5135 (i) anything provided by the state;
5136 (ii) services provided without compensation by individuals volunteering a portion or all
5137 of their time on behalf of an officeholder;
5138 (iii) money lent to an officeholder by a financial institution in the ordinary course of
5139 business;
5140 (iv) news coverage or any publication by the news media; or
5141 (v) any article, story, or other coverage as part of any regular publication of any
5142 organization unless substantially all the publication is devoted to information about the
5143 officeholder.
5144 (48) "Receipts" means contributions and public service assistance.
5145 (49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11,
5146 Lobbyist Disclosure and Regulation Act.
5147 (50) "Registered political action committee" means any political action committee that
5148 is required by this chapter to file a statement of organization with the Office of the Lieutenant
5149 Governor.
5150 (51) "Registered political issues committee" means any political issues committee that
5151 is required by this chapter to file a statement of organization with the Office of the Lieutenant
5152 Governor.
5153 (52) "Registered political party" means an organization of voters that:
5154 (a) participated in the last regular general election and polled a total vote equal to 2%
5155 or more of the total votes cast for all candidates for the United States House of Representatives
5156 for any of its candidates for any office; or
5157 (b) has complied with the petition and organizing procedures of Chapter 8, Political
5158 Party Formation and Procedures.
5159 (53) (a) "Remuneration" means a payment:
5160 (i) made to a legislator for the period the Legislature is in session; and
5161 (ii) that is approximately equivalent to an amount a legislator would have earned
5162 during the period the Legislature is in session in the legislator's ordinary course of business.
5163 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
5164 (i) the legislator's primary employer in the ordinary course of business; or
5165 (ii) a person or entity in the ordinary course of business:
5166 (A) because of the legislator's ownership interest in the entity; or
5167 (B) for services rendered by the legislator on behalf of the person or entity.
5168 (54) "Reporting entity" means a candidate, a candidate's personal campaign committee,
5169 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
5170 action committee, a political issues committee, a corporation, or a labor organization, as
5171 defined in Section 20A-11-1501.
5172 (55) "School board office" means the office of state school board.
5173 (56) (a) "Source" means the person or entity that is the legal owner of the tangible or
5174 intangible asset that comprises the contribution.
5175 (b) "Source" means, for political action committees and corporations, the political
5176 action committee and the corporation as entities, not the contributors to the political action
5177 committee or the owners or shareholders of the corporation.
5178 (57) "State office" means the offices of governor, lieutenant governor, attorney general,
5179 state auditor, and state treasurer.
5180 (58) "State office candidate" means a person who:
5181 (a) files a declaration of candidacy for a state office; or
5182 (b) receives contributions, makes expenditures, or gives consent for any other person to
5183 receive contributions or make expenditures to bring about the person's nomination, election, or
5184 appointment to a state office.
5185 (59) "Summary report" means the year end report containing the summary of a
5186 reporting entity's contributions and expenditures.
5187 (60) "Supervisory board" means the individual or group of individuals that allocate
5188 expenditures from a political issues committee.
5189 Section 77. Section 26B-2-101 is amended to read:
5190 26B-2-101. Definitions.
5191 As used in this part:
5192 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
5193 (2) "Adult day care" means nonresidential care and supervision:
5194 (a) for three or more adults for at least four but less than 24 hours a day; and
5195 (b) that meets the needs of functionally impaired adults through a comprehensive
5196 program that provides a variety of health, social, recreational, and related support services in a
5197 protective setting.
5198 (3) "Applicant" means a person that applies for an initial license or a license renewal
5199 under this part.
5200 (4) (a) "Associated with the licensee" means that an individual is:
5201 (i) affiliated with a licensee as an owner, director, member of the governing body,
5202 employee, agent, provider of care, department contractor, or volunteer; or
5203 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
5204 (4)(a)(i).
5205 (b) "Associated with the licensee" does not include:
5206 (i) service on the following bodies, unless that service includes direct access to a child
5207 or a vulnerable adult:
5208 (A) a local mental health authority described in Section 17-43-301;
5209 (B) a local substance abuse authority described in Section 17-43-201; or
5210 (C) a board of an organization operating under a contract to provide mental health or
5211 substance use programs, or services for the local mental health authority or substance abuse
5212 authority; or
5213 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
5214 at all times.
5215 (5) (a) "Boarding school" means a private school that:
5216 (i) uses a regionally accredited education program;
5217 (ii) provides a residence to the school's students:
5218 (A) for the purpose of enabling the school's students to attend classes at the school; and
5219 (B) as an ancillary service to educating the students at the school;
5220 (iii) has the primary purpose of providing the school's students with an education, as
5221 defined in Subsection (5)(b)(i); and
5222 (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or
5223 (B) provides the treatment or services described in Subsection (38)(a) on a limited
5224 basis, as described in Subsection (5)(b)(ii).
5225 (b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
5226 one or more grades from kindergarten through grade 12.
5227 (ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
5228 services described in Subsection (38)(a) on a limited basis if:
5229 (A) the treatment or services described in Subsection (38)(a) are provided only as an
5230 incidental service to a student; and
5231 (B) the school does not:
5232 (I) specifically solicit a student for the purpose of providing the treatment or services
5233 described in Subsection (38)(a); or
5234 (II) have a primary purpose of providing the treatment or services described in
5235 Subsection (38)(a).
5236 (c) "Boarding school" does not include a therapeutic school.
5237 (6) "Child" means an individual under 18 years old.
5238 (7) "Child placing" means receiving, accepting, or providing custody or care for any
5239 child, temporarily or permanently, for the purpose of:
5240 (a) finding a person to adopt the child;
5241 (b) placing the child in a home for adoption; or
5242 (c) foster home placement.
5243 (8) "Child-placing agency" means a person that engages in child placing.
5244 (9) "Client" means an individual who receives or has received services from a licensee.
5245 (10) (a) "Congregate care program" means any of the following that provide services to
5246 a child:
5247 (i) an outdoor youth program;
5248 (ii) a residential support program;
5249 (iii) a residential treatment program; or
5250 (iv) a therapeutic school.
5251 (b) "Congregate care program" does not include a human services program that:
5252 (i) is licensed to serve adults; and
5253 (ii) is approved by the office to service a child for a limited time.
5254 (11) "Day treatment" means specialized treatment that is provided to:
5255 (a) a client less than 24 hours a day; and
5256 (b) four or more persons who:
5257 (i) are unrelated to the owner or provider; and
5258 (ii) have emotional, psychological, developmental, physical, or behavioral
5259 dysfunctions, impairments, or chemical dependencies.
5260 (12) "Department contractor" means an individual who:
5261 (a) provides services under a contract with the department; and
5262 (b) due to the contract with the department, has or will likely have direct access to a
5263 child or vulnerable adult.
5264 (13) "Direct access" means that an individual has, or likely will have:
5265 (a) contact with or access to a child or vulnerable adult that provides the individual
5266 with an opportunity for personal communication or touch; or
5267 (b) an opportunity to view medical, financial, or other confidential personal identifying
5268 information of the child, the child's parents or legal guardians, or the vulnerable adult.
5269 (14) "Directly supervised" means that an individual is being supervised under the
5270 uninterrupted visual and auditory surveillance of another individual who has a current
5271 background screening approval issued by the office.
5272 (15) "Director" means the director of the office.
5273 (16) "Domestic violence" means the same as that term is defined in Section 77-36-1.
5274 (17) "Domestic violence treatment program" means a nonresidential program designed
5275 to provide psychological treatment and educational services to perpetrators and victims of
5276 domestic violence.
5277 (18) "Elder adult" means a person 65 years old or older.
5278 (19) "Foster home" means a residence that is licensed or certified by the office for the
5279 full-time substitute care of a child.
5280 (20) "Health benefit plan" means the same as that term is defined in Section
5281 31A-22-634.
5282 (21) "Health care provider" means the same as that term is defined in Section
5283 78B-3-403.
5284 (22) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
5285 (23) (a) "Human services program" means:
5286 (i) a foster home;
5287 (ii) a therapeutic school;
5288 (iii) a youth program;
5289 (iv) an outdoor youth program;
5290 (v) a residential treatment program;
5291 (vi) a residential support program;
5292 (vii) a resource family home;
5293 (viii) a recovery residence; or
5294 (ix) a facility or program that provides:
5295 (A) adult day care;
5296 (B) day treatment;
5297 (C) outpatient treatment;
5298 (D) domestic violence treatment;
5299 (E) child-placing services;
5300 (F) social detoxification; or
5301 (G) any other human services that are required by contract with the department to be
5302 licensed with the department.
5303 (b) "Human services program" does not include:
5304 (i) a boarding school; or
5305 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
5306 (24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
5307 (25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
5308 (26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
5309 (27) "Intermediate secure treatment" means 24-hour specialized residential treatment or
5310 care for an individual who:
5311 (a) cannot live independently or in a less restrictive environment; and
5312 (b) requires, without the individual's consent or control, the use of locked doors to care
5313 for the individual.
5314 (28) "Licensee" means an individual or a human services program licensed by the
5315 office.
5316 (29) "Local government" means a city, town[
5317 (30) "Minor" means child.
5318 (31) "Office" means the Office of Licensing within the department.
5319 (32) "Outdoor youth program" means a program that provides:
5320 (a) services to a child that has:
5321 (i) a chemical dependency; or
5322 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
5323 physical, or behavioral;
5324 (b) a 24-hour outdoor group living environment; and
5325 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
5326 (ii) informal therapy or similar services, including wilderness therapy, adventure
5327 therapy, or outdoor behavioral healthcare.
5328 (33) "Outpatient treatment" means individual, family, or group therapy or counseling
5329 designed to improve and enhance social or psychological functioning for those whose physical
5330 and emotional status allows them to continue functioning in their usual living environment.
5331 (34) "Practice group" or "group practice" means two or more health care providers
5332 legally organized as a partnership, professional corporation, or similar association, for which:
5333 (a) substantially all of the services of the health care providers who are members of the
5334 group are provided through the group and are billed in the name of the group and amounts
5335 received are treated as receipts of the group; and
5336 (b) the overhead expenses of and the income from the practice are distributed in
5337 accordance with methods previously determined by members of the group.
5338 (35) "Private-placement child" means a child whose parent or guardian enters into a
5339 contract with a congregate care program for the child to receive services.
5340 (36) (a) "Recovery residence" means a home, residence, or facility that meets at least
5341 two of the following requirements:
5342 (i) provides a supervised living environment for individuals recovering from a
5343 substance use disorder;
5344 (ii) provides a living environment in which more than half of the individuals in the
5345 residence are recovering from a substance use disorder;
5346 (iii) provides or arranges for residents to receive services related to the resident's
5347 recovery from a substance use disorder, either on or off site;
5348 (iv) is held out as a living environment in which individuals recovering from substance
5349 abuse disorders live together to encourage continued sobriety; or
5350 (v) (A) receives public funding; or
5351 (B) is run as a business venture, either for-profit or not-for-profit.
5352 (b) "Recovery residence" does not mean:
5353 (i) a residential treatment program;
5354 (ii) residential support program; or
5355 (iii) a home, residence, or facility, in which:
5356 (A) residents, by a majority vote of the residents, establish, implement, and enforce
5357 policies governing the living environment, including the manner in which applications for
5358 residence are approved and the manner in which residents are expelled;
5359 (B) residents equitably share rent and housing-related expenses; and
5360 (C) a landlord, owner, or operator does not receive compensation, other than fair
5361 market rental income, for establishing, implementing, or enforcing policies governing the
5362 living environment.
5363 (37) "Regular business hours" means:
5364 (a) the hours during which services of any kind are provided to a client; or
5365 (b) the hours during which a client is present at the facility of a licensee.
5366 (38) (a) "Residential support program" means a program that arranges for or provides
5367 the necessities of life as a protective service to individuals or families who have a disability or
5368 who are experiencing a dislocation or emergency that prevents them from providing these
5369 services for themselves or their families.
5370 (b) "Residential support program" includes a program that provides a supervised living
5371 environment for individuals with dysfunctions or impairments that are:
5372 (i) emotional;
5373 (ii) psychological;
5374 (iii) developmental; or
5375 (iv) behavioral.
5376 (c) Treatment is not a necessary component of a residential support program.
5377 (d) "Residential support program" does not include:
5378 (i) a recovery residence; or
5379 (ii) a program that provides residential services that are performed:
5380 (A) exclusively under contract with the department and provided to individuals through
5381 the Division of Services for People with Disabilities; or
5382 (B) in a facility that serves fewer than four individuals.
5383 (39) (a) "Residential treatment" means a 24-hour group living environment for four or
5384 more individuals unrelated to the owner or provider that offers room or board and specialized
5385 treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
5386 services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
5387 impairments, or chemical dependencies.
5388 (b) "Residential treatment" does not include a:
5389 (i) boarding school;
5390 (ii) foster home; or
5391 (iii) recovery residence.
5392 (40) "Residential treatment program" means a program or facility that provides:
5393 (a) residential treatment; or
5394 (b) intermediate secure treatment.
5395 (41) "Seclusion" means the involuntary confinement of an individual in a room or an
5396 area:
5397 (a) away from the individual's peers; and
5398 (b) in a manner that physically prevents the individual from leaving the room or area.
5399 (42) "Social detoxification" means short-term residential services for persons who are
5400 experiencing or have recently experienced drug or alcohol intoxication, that are provided
5401 outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
5402 Inspection, and that include:
5403 (a) room and board for persons who are unrelated to the owner or manager of the
5404 facility;
5405 (b) specialized rehabilitation to acquire sobriety; and
5406 (c) aftercare services.
5407 (43) "Substance abuse disorder" or "substance use disorder" mean the same as
5408 "substance use disorder" is defined in Section 26B-5-501.
5409 (44) "Substance abuse treatment program" or "substance use disorder treatment
5410 program" means a program:
5411 (a) designed to provide:
5412 (i) specialized drug or alcohol treatment;
5413 (ii) rehabilitation; or
5414 (iii) habilitation services; and
5415 (b) that provides the treatment or services described in Subsection (44)(a) to persons
5416 with:
5417 (i) a diagnosed substance use disorder; or
5418 (ii) chemical dependency disorder.
5419 (45) "Therapeutic school" means a residential group living facility:
5420 (a) for four or more individuals that are not related to:
5421 (i) the owner of the facility; or
5422 (ii) the primary service provider of the facility;
5423 (b) that serves students who have a history of failing to function:
5424 (i) at home;
5425 (ii) in a public school; or
5426 (iii) in a nonresidential private school; and
5427 (c) that offers:
5428 (i) room and board; and
5429 (ii) an academic education integrated with:
5430 (A) specialized structure and supervision; or
5431 (B) services or treatment related to:
5432 (I) a disability;
5433 (II) emotional development;
5434 (III) behavioral development;
5435 (IV) familial development; or
5436 (V) social development.
5437 (46) "Unrelated persons" means persons other than parents, legal guardians,
5438 grandparents, brothers, sisters, uncles, or aunts.
5439 (47) "Vulnerable adult" means an elder adult or an adult who has a temporary or
5440 permanent mental or physical impairment that substantially affects the person's ability to:
5441 (a) provide personal protection;
5442 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
5443 (c) obtain services necessary for health, safety, or welfare;
5444 (d) carry out the activities of daily living;
5445 (e) manage the adult's own resources; or
5446 (f) comprehend the nature and consequences of remaining in a situation of abuse,
5447 neglect, or exploitation.
5448 (48) (a) "Youth program" means a program designed to provide behavioral, substance
5449 use, or mental health services to minors that:
5450 (i) serves adjudicated or nonadjudicated youth;
5451 (ii) charges a fee for the program's services;
5452 (iii) may provide host homes or other arrangements for overnight accommodation of
5453 the youth;
5454 (iv) may provide all or part of the program's services in the outdoors;
5455 (v) may limit or censor access to parents or guardians; and
5456 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
5457 minor's own free will.
5458 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
5459 Scouts, 4-H, and other such organizations.
5460 (49) (a) "Youth transportation company" means any person that transports a child for
5461 payment to or from a congregate care program in Utah.
5462 (b) "Youth transportation company" does not include:
5463 (i) a relative of the child;
5464 (ii) a state agency; or
5465 (iii) a congregate care program's employee who transports the child from the
5466 congregate care program that employs the employee and returns the child to the same
5467 congregate care program.
5468 Section 78. Section 32B-1-102 is amended to read:
5469 32B-1-102. Definitions.
5470 As used in this title:
5471 (1) "Airport lounge" means a business location:
5472 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
5473 (b) that is located at an international airport or domestic airport.
5474 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
5475 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
5476 (3) "Alcoholic beverage" means the following:
5477 (a) beer; or
5478 (b) liquor.
5479 (4) (a) "Alcoholic product" means a product that:
5480 (i) contains at least .5% of alcohol by volume; and
5481 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
5482 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
5483 in an amount equal to or greater than .5% of alcohol by volume.
5484 (b) "Alcoholic product" includes an alcoholic beverage.
5485 (c) "Alcoholic product" does not include any of the following common items that
5486 otherwise come within the definition of an alcoholic product:
5487 (i) except as provided in Subsection (4)(d), an extract;
5488 (ii) vinegar;
5489 (iii) preserved nonintoxicating cider;
5490 (iv) essence;
5491 (v) tincture;
5492 (vi) food preparation; or
5493 (vii) an over-the-counter medicine.
5494 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
5495 when it is used as a flavoring in the manufacturing of an alcoholic product.
5496 (5) "Alcohol training and education seminar" means a seminar that is:
5497 (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
5498 (b) described in Section 26B-5-205.
5499 (6) "Arena" means an enclosed building:
5500 (a) that is managed by:
5501 (i) the same person who owns the enclosed building;
5502 (ii) a person who has a majority interest in each person who owns or manages a space
5503 in the enclosed building; or
5504 (iii) a person who has authority to direct or exercise control over the management or
5505 policy of each person who owns or manages a space in the enclosed building;
5506 (b) that operates as a venue; and
5507 (c) that has an occupancy capacity of at least 12,500.
5508 (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
5509 License Act, and Chapter 8c, Arena License Act.
5510 (8) "Banquet" means an event:
5511 (a) that is a private event or a privately sponsored event;
5512 (b) that is held at one or more designated locations approved by the commission in or
5513 on the premises of:
5514 (i) a hotel;
5515 (ii) a resort facility;
5516 (iii) a sports center;
5517 (iv) a convention center;
5518 (v) a performing arts facility;
5519 (vi) an arena; or
5520 (vii) a restaurant venue;
5521 (c) for which there is a contract:
5522 (i) between a person operating a facility listed in Subsection (8)(b) and another person
5523 that has common ownership of less than 20% with the person operating the facility; and
5524 (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
5525 provide an alcoholic product at the event; and
5526 (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
5527 (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
5528 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
5529 (b) "Bar establishment license" includes:
5530 (i) a dining club license;
5531 (ii) an equity license;
5532 (iii) a fraternal license; or
5533 (iv) a bar license.
5534 (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
5535 Act, and Chapter 6, Part 4, Bar Establishment License.
5536 (11) (a) "Beer" means a product that:
5537 (i) contains:
5538 (A) at least .5% of alcohol by volume; and
5539 (B) no more than 5% of alcohol by volume or 4% by weight;
5540 (ii) is obtained by fermentation, infusion, or decoction of:
5541 (A) malt; or
5542 (B) a malt substitute; and
5543 (iii) is clearly marketed, labeled, and identified as:
5544 (A) beer;
5545 (B) ale;
5546 (C) porter;
5547 (D) stout;
5548 (E) lager;
5549 (F) a malt;
5550 (G) a malted beverage; or
5551 (H) seltzer.
5552 (b) "Beer" may contain:
5553 (i) hops extract;
5554 (ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
5555 (iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
5556 (A) is used in the production of beer;
5557 (B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
5558 Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
5559 (C) does not contribute more than 10% of the overall alcohol content of the beer.
5560 (c) "Beer" does not include:
5561 (i) a flavored malt beverage;
5562 (ii) a product that contains alcohol derived from:
5563 (A) except as provided in Subsection (11)(b)(iii), spirituous liquor; or
5564 (B) wine; or
5565 (iii) a product that contains an additive masking or altering a physiological effect of
5566 alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
5567 (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
5568 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
5569 (13) "Beer retailer" means a business that:
5570 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
5571 for consumption on or off the business premises; and
5572 (b) is licensed as:
5573 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
5574 Retailer Local Authority; or
5575 (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
5576 Chapter 6, Part 7, On-Premise Beer Retailer License.
5577 (14) "Beer wholesaling license" means a license:
5578 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
5579 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
5580 retail licensees or off-premise beer retailers.
5581 (15) "Billboard" means a public display used to advertise, including:
5582 (a) a light device;
5583 (b) a painting;
5584 (c) a drawing;
5585 (d) a poster;
5586 (e) a sign;
5587 (f) a signboard; or
5588 (g) a scoreboard.
5589 (16) "Brewer" means a person engaged in manufacturing:
5590 (a) beer;
5591 (b) heavy beer; or
5592 (c) a flavored malt beverage.
5593 (17) "Brewery manufacturing license" means a license issued in accordance with
5594 Chapter 11, Part 5, Brewery Manufacturing License.
5595 (18) "Certificate of approval" means a certificate of approval obtained from the
5596 department under Section 32B-11-201.
5597 (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
5598 a bus company to a group of persons pursuant to a common purpose:
5599 (a) under a single contract;
5600 (b) at a fixed charge in accordance with the bus company's tariff; and
5601 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
5602 motor vehicle, and a driver to travel together to one or more specified destinations.
5603 (20) "Church" means a building:
5604 (a) set apart for worship;
5605 (b) in which religious services are held;
5606 (c) with which clergy is associated; and
5607 (d) that is tax exempt under the laws of this state.
5608 (21) "Commission" means the Alcoholic Beverage Services Commission created in
5609 Section 32B-2-201.
5610 (22) "Commissioner" means a member of the commission.
5611 (23) "Community location" means:
5612 (a) a public or private school;
5613 (b) a church;
5614 (c) a public library;
5615 (d) a public playground; or
5616 (e) a public park.
5617 (24) "Community location governing authority" means:
5618 (a) the governing body of the community location; or
5619 (b) if the commission does not know who is the governing body of a community
5620 location, a person who appears to the commission to have been given on behalf of the
5621 community location the authority to prohibit an activity at the community location.
5622 (25) "Container" means a receptacle that contains an alcoholic product, including:
5623 (a) a bottle;
5624 (b) a vessel; or
5625 (c) a similar item.
5626 (26) "Controlled group of manufacturers" means as the commission defines by rule
5627 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5628 (27) "Convention center" means a facility that is:
5629 (a) in total at least 30,000 square feet; and
5630 (b) otherwise defined as a "convention center" by the commission by rule.
5631 (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
5632 where seating is provided to a patron for service of food.
5633 (b) "Counter" does not include a dispensing structure.
5634 (29) "Crime involving moral turpitude" is as defined by the commission by rule.
5635 (30) "Department" means the Department of Alcoholic Beverage Services created in
5636 Section 32B-2-203.
5637 (31) "Department compliance officer" means an individual who is:
5638 (a) an auditor or inspector; and
5639 (b) employed by the department.
5640 (32) "Department sample" means liquor that is placed in the possession of the
5641 department for testing, analysis, and sampling.
5642 (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
5643 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
5644 commission as a dining club license.
5645 (34) "Director," unless the context requires otherwise, means the director of the
5646 department.
5647 (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
5648 title:
5649 (a) against a person subject to administrative action; and
5650 (b) that is brought on the basis of a violation of this title.
5651 (36) (a) Subject to Subsection (36)(b), "dispense" means:
5652 (i) drawing an alcoholic product; and
5653 (ii) using the alcoholic product at the location from which it was drawn to mix or
5654 prepare an alcoholic product to be furnished to a patron of the retail licensee.
5655 (b) The definition of "dispense" in this Subsection (36) applies only to:
5656 (i) a full-service restaurant license;
5657 (ii) a limited-service restaurant license;
5658 (iii) a reception center license;
5659 (iv) a beer-only restaurant license;
5660 (v) a bar license;
5661 (vi) an on-premise beer retailer;
5662 (vii) an airport lounge license;
5663 (viii) an on-premise banquet license; and
5664 (ix) a hospitality amenity license.
5665 (37) "Dispensing structure" means a surface or structure on a licensed premises:
5666 (a) where an alcoholic product is dispensed; or
5667 (b) from which an alcoholic product is served.
5668 (38) "Distillery manufacturing license" means a license issued in accordance with
5669 Chapter 11, Part 4, Distillery Manufacturing License.
5670 (39) "Distressed merchandise" means an alcoholic product in the possession of the
5671 department that is saleable, but for some reason is unappealing to the public.
5672 (40) "Domestic airport" means an airport that:
5673 (a) has at least 15,000 commercial airline passenger boardings in any five-year period;
5674 (b) receives scheduled commercial passenger aircraft service; and
5675 (c) is not an international airport.
5676 (41) "Equity license" means a license issued in accordance with Chapter 5, Retail
5677 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
5678 commission as an equity license.
5679 (42) "Event permit" means:
5680 (a) a single event permit; or
5681 (b) a temporary beer event permit.
5682 (43) "Exempt license" means a license exempt under Section 32B-1-201 from being
5683 considered in determining the total number of retail licenses that the commission may issue at
5684 any time.
5685 (44) (a) "Flavored malt beverage" means a beverage:
5686 (i) that contains at least .5% alcohol by volume;
5687 (ii) for which the producer is required to file a formula for approval with the federal
5688 Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
5689 is treated by processing, filtration, or another method of manufacture that is not generally
5690 recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
5691 liquor; and
5692 (iii) for which the producer is required to file a formula for approval with the federal
5693 Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
5694 includes an ingredient containing alcohol.
5695 (b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
5696 ethanol-based flavoring agent that contributes to the overall alcohol content of the beverage.
5697 (c) "Flavored malt beverage" does not include beer or heavy beer.
5698 (d) "Flavored malt beverage" is considered liquor for purposes of this title.
5699 (45) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
5700 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
5701 commission as a fraternal license.
5702 (46) "Full-service restaurant license" means a license issued in accordance with
5703 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
5704 (47) (a) "Furnish" means by any means to provide with, supply, or give an individual
5705 an alcoholic product, by sale or otherwise.
5706 (b) "Furnish" includes to:
5707 (i) serve;
5708 (ii) deliver; or
5709 (iii) otherwise make available.
5710 (48) "Guest" means an individual who meets the requirements of Subsection
5711 32B-6-407(9).
5712 (49) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
5713 (50) "Health care practitioner" means:
5714 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
5715 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
5716 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
5717 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
5718 Act;
5719 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
5720 Nurse Practice Act;
5721 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
5722 Practice Act;
5723 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
5724 Therapy Practice Act;
5725 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
5726 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
5727 Professional Practice Act;
5728 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
5729 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
5730 Practice Act;
5731 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
5732 Hygienist Practice Act; and
5733 (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
5734 Assistant Act.
5735 (51) (a) "Heavy beer" means a product that:
5736 (i) (A) contains more than 5% alcohol by volume;
5737 (B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
5738 volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring
5739 agent that contributes more than 10% of the overall alcohol content of the product; or
5740 (C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
5741 volume or 4% by weight, and has a label or packaging that is rejected under Subsection
5742 32B-1-606(3)(b); and
5743 (ii) is obtained by fermentation, infusion, or decoction of:
5744 (A) malt; or
5745 (B) a malt substitute.
5746 (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
5747 contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to
5748 the overall alcohol content of the heavy beer.
5749 (c) "Heavy beer" does not include:
5750 (i) a flavored malt beverage;
5751 (ii) a product that contains alcohol derived from:
5752 (A) except as provided in Subsections (51)(a)(i)(B) and (51)(b), spirituous liquor; or
5753 (B) wine; or
5754 (iii) a product that contains an additive masking or altering a physiological effect of
5755 alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
5756 (d) "Heavy beer" is considered liquor for the purposes of this title.
5757 (52) "Hospitality amenity license" means a license issued in accordance with Chapter
5758 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
5759 (53) (a) "Hotel" means a commercial lodging establishment that:
5760 (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
5761 (ii) is capable of hosting conventions, conferences, and food and beverage functions
5762 under a banquet contract; and
5763 (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
5764 meals;
5765 (B) has at least 1,000 square feet of function space consisting of meeting or dining
5766 rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
5767 (C) if the establishment is located in a small or unincorporated locality, has an
5768 appropriate amount of function space consisting of meeting or dining rooms that can be
5769 reserved for private use under a banquet contract, as determined by the commission.
5770 (b) "Hotel" includes a commercial lodging establishment that:
5771 (i) meets the requirements under Subsection (53)(a); and
5772 (ii) has one or more privately owned dwelling units.
5773 (54) "Hotel license" means a license issued in accordance with Chapter 5, Retail
5774 License Act, and Chapter 8b, Hotel License Act.
5775 (55) "Identification card" means an identification card issued under Title 53, Chapter 3,
5776 Part 8, Identification Card Act.
5777 (56) "Industry representative" means an individual who is compensated by salary,
5778 commission, or other means for representing and selling an alcoholic product of a
5779 manufacturer, supplier, or importer of liquor.
5780 (57) "Industry representative sample" means liquor that is placed in the possession of
5781 the department for testing, analysis, and sampling by a local industry representative on the
5782 premises of the department to educate the local industry representative of the quality and
5783 characteristics of the product.
5784 (58) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
5785 of an alcoholic product is prohibited by:
5786 (a) law; or
5787 (b) court order.
5788 (59) "International airport" means an airport:
5789 (a) with a United States Customs and Border Protection office on the premises of the
5790 airport; and
5791 (b) at which international flights may enter and depart.
5792 (60) "Intoxicated" or "intoxication" means that
5793 an individual exhibits plain and easily observable outward manifestations of behavior
5794 or physical signs produced by or as a result of the use of:
5795 (a) an alcoholic product;
5796 (b) a controlled substance;
5797 (c) a substance having the property of releasing toxic vapors; or
5798 (d) a combination of products or substances described in Subsections (60)(a) through
5799 (c).
5800 (61) "Investigator" means an individual who is:
5801 (a) a department compliance officer; or
5802 (b) a nondepartment enforcement officer.
5803 (62) "License" means:
5804 (a) a retail license;
5805 (b) a sublicense;
5806 (c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer
5807 State License;
5808 (d) a license issued in accordance with Chapter 11, Manufacturing and Related
5809 Licenses Act;
5810 (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
5811 (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
5812 (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
5813 (63) "Licensee" means a person who holds a license.
5814 (64) "Limited-service restaurant license" means a license issued in accordance with
5815 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
5816 (65) "Limousine" means a motor vehicle licensed by the state or a local authority, other
5817 than a bus or taxicab:
5818 (a) in which the driver and a passenger are separated by a partition, glass, or other
5819 barrier;
5820 (b) that is provided by a business entity to one or more individuals at a fixed charge in
5821 accordance with the business entity's tariff; and
5822 (c) to give the one or more individuals the exclusive use of the limousine and a driver
5823 to travel to one or more specified destinations.
5824 (66) (a) (i) "Liquor" means a liquid that:
5825 (A) is:
5826 (I) alcohol;
5827 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
5828 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
5829 (IV) other drink or drinkable liquid; and
5830 (B) (I) contains at least .5% alcohol by volume; and
5831 (II) is suitable to use for beverage purposes.
5832 (ii) "Liquor" includes:
5833 (A) heavy beer;
5834 (B) wine; and
5835 (C) a flavored malt beverage.
5836 (b) "Liquor" does not include beer.
5837 (67) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
5838 (68) "Liquor transport license" means a license issued in accordance with Chapter 17,
5839 Liquor Transport License Act.
5840 (69) "Liquor warehousing license" means a license that is issued:
5841 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
5842 (b) to a person, other than a licensed manufacturer, who engages in the importation for
5843 storage, sale, or distribution of liquor regardless of amount.
5844 (70) "Local authority" means:
5845 (a) for premises that are located in an unincorporated area of a county, the governing
5846 body of a county;
5847 (b) for premises that are located in an incorporated city[
5848 the governing body of the city[
5849 (c) for premises that are located in a project area as defined in Section 63H-1-102 and
5850 in a project area plan adopted by the Military Installation Development Authority under Title
5851 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
5852 Development Authority.
5853 (71) "Lounge or bar area" is as defined by rule made by the commission.
5854 (72) "Malt substitute" means:
5855 (a) rice;
5856 (b) grain;
5857 (c) bran;
5858 (d) glucose;
5859 (e) sugar; or
5860 (f) molasses.
5861 (73) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
5862 otherwise make an alcoholic product for personal use or for sale or distribution to others.
5863 (74) "Member" means an individual who, after paying regular dues, has full privileges
5864 in an equity licensee or fraternal licensee.
5865 (75) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
5866 or homeport facility for a ship:
5867 (i) (A) under the control of the United States Department of Defense; or
5868 (B) of the National Guard;
5869 (ii) that is located within the state; and
5870 (iii) including a leased facility.
5871 (b) "Military installation" does not include a facility used primarily for:
5872 (i) civil works;
5873 (ii) a rivers and harbors project; or
5874 (iii) a flood control project.
5875 (76) "Minibar" means an area of a hotel guest room where one or more alcoholic
5876 products are kept and offered for self-service sale or consumption.
5877 (77) "Minor" means an individual under 21 years old.
5878 (78) "Nondepartment enforcement agency" means an agency that:
5879 (a) (i) is a state agency other than the department; or
5880 (ii) is an agency of a county, city, or town[
5881 (b) has a responsibility to enforce one or more provisions of this title.
5882 (79) "Nondepartment enforcement officer" means an individual who is:
5883 (a) a peace officer, examiner, or investigator; and
5884 (b) employed by a nondepartment enforcement agency.
5885 (80) (a) "Off-premise beer retailer" means a beer retailer who is:
5886 (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
5887 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
5888 premises.
5889 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
5890 (81) "Off-premise beer retailer state license" means a state license issued in accordance
5891 with Chapter 7, Part 4, Off-premise Beer Retailer State License.
5892 (82) "On-premise banquet license" means a license issued in accordance with Chapter
5893 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
5894 (83) "On-premise beer retailer" means a beer retailer who is:
5895 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
5896 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
5897 Retailer License; and
5898 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
5899 premises:
5900 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
5901 premises; and
5902 (ii) on and after March 1, 2012, operating:
5903 (A) as a tavern; or
5904 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
5905 (84) "Opaque" means impenetrable to sight.
5906 (85) "Package agency" means a retail liquor location operated:
5907 (a) under an agreement with the department; and
5908 (b) by a person:
5909 (i) other than the state; and
5910 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
5911 Agency, to sell packaged liquor for consumption off the premises of the package agency.
5912 (86) "Package agent" means a person who holds a package agency.
5913 (87) "Patron" means an individual to whom food, beverages, or services are sold,
5914 offered for sale, or furnished, or who consumes an alcoholic product including:
5915 (a) a customer;
5916 (b) a member;
5917 (c) a guest;
5918 (d) an attendee of a banquet or event;
5919 (e) an individual who receives room service;
5920 (f) a resident of a resort; or
5921 (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
5922 license.
5923 (88) (a) "Performing arts facility" means a multi-use performance space that:
5924 (i) is primarily used to present various types of performing arts, including dance,
5925 music, and theater;
5926 (ii) contains over 2,500 seats;
5927 (iii) is owned and operated by a governmental entity; and
5928 (iv) is located in a city of the first class.
5929 (b) "Performing arts facility" does not include a space that is used to present sporting
5930 events or sporting competitions.
5931 (89) "Permittee" means a person issued a permit under:
5932 (a) Chapter 9, Event Permit Act; or
5933 (b) Chapter 10, Special Use Permit Act.
5934 (90) "Person subject to administrative action" means:
5935 (a) a licensee;
5936 (b) a permittee;
5937 (c) a manufacturer;
5938 (d) a supplier;
5939 (e) an importer;
5940 (f) one of the following holding a certificate of approval:
5941 (i) an out-of-state brewer;
5942 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
5943 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
5944 (g) staff of:
5945 (i) a person listed in Subsections (90)(a) through (f); or
5946 (ii) a package agent.
5947 (91) "Premises" means a building, enclosure, or room used in connection with the
5948 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
5949 unless otherwise defined in this title or rules made by the commission.
5950 (92) "Prescription" means an order issued by a health care practitioner when:
5951 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
5952 to prescribe a controlled substance, other drug, or device for medicinal purposes;
5953 (b) the order is made in the course of that health care practitioner's professional
5954 practice; and
5955 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
5956 (93) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
5957 (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
5958 (94) "Principal license" means:
5959 (a) a resort license;
5960 (b) a hotel license; or
5961 (c) an arena license.
5962 (95) (a) "Private event" means a specific social, business, or recreational event:
5963 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
5964 group; and
5965 (ii) that is limited in attendance to people who are specifically designated and their
5966 guests.
5967 (b) "Private event" does not include an event to which the general public is invited,
5968 whether for an admission fee or not.
5969 (96) "Privately sponsored event" means a specific social, business, or recreational
5970 event:
5971 (a) that is held in or on the premises of an on-premise banquet licensee; and
5972 (b) to which entry is restricted by an admission fee.
5973 (97) (a) "Proof of age" means:
5974 (i) an identification card;
5975 (ii) an identification that:
5976 (A) is substantially similar to an identification card;
5977 (B) is issued in accordance with the laws of a state other than Utah in which the
5978 identification is issued;
5979 (C) includes date of birth; and
5980 (D) has a picture affixed;
5981 (iii) a valid driver license certificate that:
5982 (A) includes date of birth;
5983 (B) has a picture affixed; and
5984 (C) is issued:
5985 (I) under Title 53, Chapter 3, Uniform Driver License Act;
5986 (II) in accordance with the laws of the state in which it is issued; or
5987 (III) in accordance with federal law by the United States Department of State;
5988 (iv) a military identification card that:
5989 (A) includes date of birth; and
5990 (B) has a picture affixed; or
5991 (v) a valid passport.
5992 (b) "Proof of age" does not include a driving privilege card issued in accordance with
5993 Section 53-3-207.
5994 (98) "Provisions applicable to a sublicense" means:
5995 (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
5996 restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
5997 (b) for a limited-service restaurant sublicense, the provisions applicable to a
5998 limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
5999 (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
6000 license under Chapter 6, Part 4, Bar Establishment License;
6001 (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
6002 banquet license under Chapter 6, Part 6, On-Premise Banquet License;
6003 (e) for an on-premise beer retailer sublicense, the provisions applicable to an
6004 on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
6005 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
6006 restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
6007 (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
6008 license under Chapter 6, Part 10, Hospitality Amenity License; and
6009 (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
6010 Part 2, Resort Spa Sublicense.
6011 (99) (a) "Public building" means a building or permanent structure that is:
6012 (i) owned or leased by:
6013 (A) the state; or
6014 (B) a local government entity; and
6015 (ii) used for:
6016 (A) public education;
6017 (B) transacting public business; or
6018 (C) regularly conducting government activities.
6019 (b) "Public building" does not include a building owned by the state or a local
6020 government entity when the building is used by a person, in whole or in part, for a proprietary
6021 function.
6022 (100) "Public conveyance" means a conveyance that the public or a portion of the
6023 public has access to and a right to use for transportation, including an airline, railroad, bus,
6024 boat, or other public conveyance.
6025 (101) "Reception center" means a business that:
6026 (a) operates facilities that are at least 5,000 square feet; and
6027 (b) has as its primary purpose the leasing of the facilities described in Subsection
6028 (101)(a) to a third party for the third party's event.
6029 (102) "Reception center license" means a license issued in accordance with Chapter 5,
6030 Retail License Act, and Chapter 6, Part 8, Reception Center License.
6031 (103) (a) "Record" means information that is:
6032 (i) inscribed on a tangible medium; or
6033 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
6034 (b) "Record" includes:
6035 (i) a book;
6036 (ii) a book of account;
6037 (iii) a paper;
6038 (iv) a contract;
6039 (v) an agreement;
6040 (vi) a document; or
6041 (vii) a recording in any medium.
6042 (104) "Residence" means a person's principal place of abode within Utah.
6043 (105) "Resident," in relation to a resort, means the same as that term is defined in
6044 Section 32B-8-102.
6045 (106) "Resort" means the same as that term is defined in Section 32B-8-102.
6046 (107) "Resort facility" is as defined by the commission by rule.
6047 (108) "Resort license" means a license issued in accordance with Chapter 5, Retail
6048 License Act, and Chapter 8, Resort License Act.
6049 (109) "Responsible alcohol service plan" means a written set of policies and
6050 procedures that outlines measures to prevent employees from:
6051 (a) over-serving alcoholic beverages to customers;
6052 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
6053 intoxicated; and
6054 (c) serving alcoholic beverages to minors.
6055 (110) "Restaurant" means a business location:
6056 (a) at which a variety of foods are prepared;
6057 (b) at which complete meals are served; and
6058 (c) that is engaged primarily in serving meals.
6059 (111) "Restaurant license" means one of the following licenses issued under this title:
6060 (a) a full-service restaurant license;
6061 (b) a limited-service restaurant license; or
6062 (c) a beer-only restaurant license.
6063 (112) "Restaurant venue" means a room within a restaurant that:
6064 (a) is located on the licensed premises of a restaurant licensee;
6065 (b) is separated from the area within the restaurant for a patron's consumption of food
6066 by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a
6067 patron in the area within the restaurant for a patron's consumption of food; and
6068 (c) (i) has at least 1,000 square feet that:
6069 (A) may be reserved for a banquet; and
6070 (B) accommodates at least 75 individuals; or
6071 (ii) if the restaurant is located in a small or unincorporated locality, has an appropriate
6072 amount of space, as determined by the commission, that may be reserved for a banquet.
6073 (113) "Retail license" means one of the following licenses issued under this title:
6074 (a) a full-service restaurant license;
6075 (b) a master full-service restaurant license;
6076 (c) a limited-service restaurant license;
6077 (d) a master limited-service restaurant license;
6078 (e) a bar establishment license;
6079 (f) an airport lounge license;
6080 (g) an on-premise banquet license;
6081 (h) an on-premise beer license;
6082 (i) a reception center license;
6083 (j) a beer-only restaurant license;
6084 (k) a hospitality amenity license;
6085 (l) a resort license;
6086 (m) a hotel license; or
6087 (n) an arena license.
6088 (114) "Room service" means furnishing an alcoholic product to a person in a guest
6089 room or privately owned dwelling unit of a:
6090 (a) hotel; or
6091 (b) resort facility.
6092 (115) (a) "School" means a building in which any part is used for more than three
6093 hours each weekday during a school year as a public or private:
6094 (i) elementary school;
6095 (ii) secondary school; or
6096 (iii) kindergarten.
6097 (b) "School" does not include:
6098 (i) a nursery school;
6099 (ii) a day care center;
6100 (iii) a trade and technical school;
6101 (iv) a preschool; or
6102 (v) a home school.
6103 (116) "Secondary flavoring ingredient" means any spirituous liquor added to a
6104 beverage for additional flavoring that is different in type, flavor, or brand from the primary
6105 spirituous liquor in the beverage.
6106 (117) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
6107 consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
6108 delivered for value, or by a means or under a pretext is promised or obtained, whether done by
6109 a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
6110 made by the commission.
6111 (118) "Serve" means to place an alcoholic product before an individual.
6112 (119) "Sexually oriented entertainer" means a person who while in a state of
6113 seminudity appears at or performs:
6114 (a) for the entertainment of one or more patrons;
6115 (b) on the premises of:
6116 (i) a bar licensee; or
6117 (ii) a tavern;
6118 (c) on behalf of or at the request of the licensee described in Subsection (119)(b);
6119 (d) on a contractual or voluntary basis; and
6120 (e) whether or not the person is designated as:
6121 (i) an employee;
6122 (ii) an independent contractor;
6123 (iii) an agent of the licensee; or
6124 (iv) a different type of classification.
6125 (120) "Shared seating area" means the licensed premises of two or more restaurant
6126 licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
6127 accordance with Subsection 32B-5-207(3).
6128 (121) "Single event permit" means a permit issued in accordance with Chapter 9, Part
6129 3, Single Event Permit.
6130 (122) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
6131 beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
6132 (a) if the brewer is part of a controlled group of manufacturers, including the combined
6133 volume totals of production for all breweries that constitute the controlled group of
6134 manufacturers; and
6135 (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
6136 (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
6137 determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
6138 Rulemaking Act; and
6139 (ii) does not sell for consumption as, or in, a beverage.
6140 (123) "Small or unincorporated locality" means:
6141 (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
6142 (b) a town, as classified under Section 10-2-301; or
6143 (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
6144 under Section 17-50-501.
6145 (124) "Spa sublicense" means a sublicense:
6146 (a) to a resort license or hotel license; and
6147 (b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
6148 Sublicense.
6149 (125) "Special use permit" means a permit issued in accordance with Chapter 10,
6150 Special Use Permit Act.
6151 (126) (a) "Spirituous liquor" means liquor that is distilled.
6152 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
6153 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
6154 (127) "Sports center" is as defined by the commission by rule.
6155 (128) (a) "Staff" means an individual who engages in activity governed by this title:
6156 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
6157 holder;
6158 (ii) at the request of the business, including a package agent, licensee, permittee, or
6159 certificate holder; or
6160 (iii) under the authority of the business, including a package agent, licensee, permittee,
6161 or certificate holder.
6162 (b) "Staff" includes:
6163 (i) an officer;
6164 (ii) a director;
6165 (iii) an employee;
6166 (iv) personnel management;
6167 (v) an agent of the licensee, including a managing agent;
6168 (vi) an operator; or
6169 (vii) a representative.
6170 (129) "State of nudity" means:
6171 (a) the appearance of:
6172 (i) the nipple or areola of a female human breast;
6173 (ii) a human genital;
6174 (iii) a human pubic area; or
6175 (iv) a human anus; or
6176 (b) a state of dress that fails to opaquely cover:
6177 (i) the nipple or areola of a female human breast;
6178 (ii) a human genital;
6179 (iii) a human pubic area; or
6180 (iv) a human anus.
6181 (130) "State of seminudity" means a state of dress in which opaque clothing covers no
6182 more than:
6183 (a) the nipple and areola of the female human breast in a shape and color other than the
6184 natural shape and color of the nipple and areola; and
6185 (b) the human genitals, pubic area, and anus:
6186 (i) with no less than the following at its widest point:
6187 (A) four inches coverage width in the front of the human body; and
6188 (B) five inches coverage width in the back of the human body; and
6189 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
6190 (131) (a) "State store" means a facility for the sale of packaged liquor:
6191 (i) located on premises owned or leased by the state; and
6192 (ii) operated by a state employee.
6193 (b) "State store" does not include:
6194 (i) a package agency;
6195 (ii) a licensee; or
6196 (iii) a permittee.
6197 (132) (a) "Storage area" means an area on licensed premises where the licensee stores
6198 an alcoholic product.
6199 (b) "Store" means to place or maintain in a location an alcoholic product.
6200 (133) "Sublicense" means:
6201 (a) any of the following licenses issued as a subordinate license to, and contingent on
6202 the issuance of, a principal license:
6203 (i) a full-service restaurant license;
6204 (ii) a limited-service restaurant license;
6205 (iii) a bar establishment license;
6206 (iv) an on-premise banquet license;
6207 (v) an on-premise beer retailer license;
6208 (vi) a beer-only restaurant license; or
6209 (vii) a hospitality amenity license; or
6210 (b) a spa sublicense.
6211 (134) "Supplier" means a person who sells an alcoholic product to the department.
6212 (135) "Tavern" means an on-premise beer retailer who is:
6213 (a) issued a license by the commission in accordance with Chapter 5, Retail License
6214 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
6215 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
6216 On-Premise Beer Retailer License.
6217 (136) "Temporary beer event permit" means a permit issued in accordance with
6218 Chapter 9, Part 4, Temporary Beer Event Permit.
6219 (137) "Temporary domicile" means the principal place of abode within Utah of a
6220 person who does not have a present intention to continue residency within Utah permanently or
6221 indefinitely.
6222 (138) "Translucent" means a substance that allows light to pass through, but does not
6223 allow an object or person to be seen through the substance.
6224 (139) "Unsaleable liquor merchandise" means a container that:
6225 (a) is unsaleable because the container is:
6226 (i) unlabeled;
6227 (ii) leaky;
6228 (iii) damaged;
6229 (iv) difficult to open; or
6230 (v) partly filled;
6231 (b) (i) has faded labels or defective caps or corks;
6232 (ii) has contents that are:
6233 (A) cloudy;
6234 (B) spoiled; or
6235 (C) chemically determined to be impure; or
6236 (iii) contains:
6237 (A) sediment; or
6238 (B) a foreign substance; or
6239 (c) is otherwise considered by the department as unfit for sale.
6240 (140) (a) "Wine" means an alcoholic product obtained by the fermentation of the
6241 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
6242 another ingredient is added.
6243 (b) "Wine" includes:
6244 (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
6245 4.10; and
6246 (ii) hard cider.
6247 (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
6248 in this title.
6249 (141) "Winery manufacturing license" means a license issued in accordance with
6250 Chapter 11, Part 3, Winery Manufacturing License.
6251 Section 79. Section 32B-1-702 is amended to read:
6252 32B-1-702. Alcohol training and education -- Revocation, suspension, or
6253 nonrenewal of retail license.
6254 (1) The commission may suspend, revoke, or not renew a license of a retail licensee if
6255 any of the following individuals fail to complete an alcohol training and education seminar:
6256 (a) a retail manager; or
6257 (b) retail staff.
6258 (2) A city, town[
6259 business may suspend, revoke, or not renew the business license of the retail licensee if a retail
6260 manager or retail staff fails to complete an alcohol training and education seminar.
6261 (3) A local authority that issues an off-premise beer retailer license to a business that is
6262 engaged in the retail sale of beer for consumption off the beer retailer's premises may
6263 immediately suspend the off-premise beer retailer license if any of the following individuals
6264 fails to complete an alcohol training and education seminar:
6265 (a) an off-premise retail manager; or
6266 (b) off-premise retail staff.
6267 Section 80. Section 32B-1-704 is amended to read:
6268 32B-1-704. Department training programs.
6269 (1) No later than January 1, 2018, the department shall develop the following training
6270 programs that are provided either in-person or online:
6271 (a) a training program for retail managers that addresses:
6272 (i) the statutes and rules that govern alcohol sales and consumption in the state;
6273 (ii) the requirements for operating as a retail licensee;
6274 (iii) using compliance assistance from the department; and
6275 (iv) any other topic the department determines beneficial to a retail manager; and
6276 (b) a training program for an individual employed by a retail licensee or an off-premise
6277 beer retailer who violates a provision of this title related to the sale, service, or furnishing of an
6278 alcoholic beverage to an intoxicated individual or a minor, that addresses:
6279 (i) the statutes and rules that govern the most common types of violations under this
6280 title;
6281 (ii) how to avoid common violations; and
6282 (iii) any other topic the department determines beneficial to the training program.
6283 (2) No later than January 1, 2019, the department shall develop a training program for
6284 off-premise retail managers that is provided either in-person or online and addresses:
6285 (a) the statutes and rules that govern sales at an off-premise beer retailer;
6286 (b) the requirements for operating an off-premise beer retailer;
6287 (c) using compliance assistance from the department; and
6288 (d) any other topic the department determines beneficial to an off-premise retail
6289 manager.
6290 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
6291 the provisions of this section, the department shall make rules to develop and implement the
6292 training programs described in this section, including rules that establish:
6293 (a) the requirements for each training program described in this section;
6294 (b) measures that accurately identify each individual who takes and completes a
6295 training program;
6296 (c) measures that ensure an individual taking a training program is focused and actively
6297 engaged in the training material throughout the training program;
6298 (d) a record that certifies that an individual has completed a training program; and
6299 (e) a fee for participation in a training program to cover the department's cost of
6300 providing the training program.
6301 (4) (a) Each retail manager shall complete the training described in Subsection (1)(a)
6302 no later than the later of:
6303 (i) 30 days after the day on which the retail manager is hired; or
6304 (ii) the day on which the retail licensee obtains a retail license.
6305 (b) Each off-premise retail manager shall complete the training described in
6306 Subsection (2) no later than the later of:
6307 (i) 30 days after the day on which the off-premise retail manager is hired; or
6308 (ii) 30 days after the day on which the off-premise beer retailer obtains an off-premise
6309 beer retailer state license.
6310 (c) (i) If the commission finds that a retail licensee violated a provision of this title
6311 related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated individual
6312 or a minor for a second time within 36 consecutive months after the day on which the first
6313 violation was adjudicated, the violator, all retail staff, and each retail manager shall complete
6314 the training program described in Subsection (1)(b).
6315 (ii) If the commission finds that an off-premise beer retailer violated a provision of this
6316 title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated
6317 individual or a minor for a second time within 36 consecutive months after the day on which
6318 the first violation was adjudicated, the violator and each off-premise retail manager shall
6319 complete the training program described in Subsection (1)(b).
6320 (5) If an individual fails to complete a required training program under this section:
6321 (a) the commission may suspend, revoke, or not renew the retail license or off-premise
6322 beer retailer state license;
6323 (b) a city, town[
6324 beer retailer is located may suspend, revoke, or not renew the retail licensee's or off-premise
6325 beer retailer's business license; or
6326 (c) a local authority may suspend, revoke, or not renew the off-premise beer retailer's
6327 license.
6328 Section 81. Section 32B-2-402 is amended to read:
6329 32B-2-402. Definitions -- Calculations.
6330 (1) As used in this part:
6331 (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
6332 Treatment Restricted Account created in Section 32B-2-403.
6333 (b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
6334 Council created in Section 63M-7-301.
6335 (c) "Alcohol-related offense" means:
6336 (i) a violation of:
6337 (A) Section 41-6a-502; or
6338 (B) an ordinance that complies with the requirements of:
6339 (I) Subsection 41-6a-510(1); or
6340 (II) Section 76-5-207; or
6341 (ii) an offense involving the illegal:
6342 (A) sale of an alcoholic product;
6343 (B) consumption of an alcoholic product;
6344 (C) distribution of an alcoholic product;
6345 (D) transportation of an alcoholic product; or
6346 (E) possession of an alcoholic product.
6347 (d) "Annual conviction time period" means the time period that:
6348 (i) begins on July 1 and ends on June 30; and
6349 (ii) immediately precedes the fiscal year for which an appropriation under this part is
6350 made.
6351 (e) "Municipality" means[
6352 [
6353 [
6354 [
6355 (f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
6356 Administrative Rulemaking Act, by the Division of Integrated Healthcare within the
6357 Department of Health and Human Services.
6358 (ii) In defining the term "prevention," the Division of Substance Abuse and Mental
6359 Health shall:
6360 (A) include only evidence-based or evidence-informed programs; and
6361 (B) provide for coordination with local substance abuse authorities designated to
6362 provide substance abuse services in accordance with Section 17-43-201.
6363 (2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located
6364 within the limits of a municipality or county:
6365 (a) is the number determined by the department to be so located;
6366 (b) includes the aggregate number of premises of the following:
6367 (i) a state store;
6368 (ii) a package agency; and
6369 (iii) a retail licensee; and
6370 (c) for a county, consists only of the number located within an unincorporated area of
6371 the county.
6372 (3) The department shall determine:
6373 (a) a population figure according to the most current population estimate prepared by
6374 the Utah Population Committee;
6375 (b) a county's population for the 25% distribution to municipalities and counties under
6376 Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated
6377 areas of the county; and
6378 (c) a county's population for the 25% distribution to counties under Subsection
6379 32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of
6380 a municipality.
6381 (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
6382 offense to judgment.
6383 (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
6384 the municipality or county that, except for the guilty plea, would have prosecuted the offense.
6385 Section 82. Section 32B-4-202 is amended to read:
6386 32B-4-202. Duties to enforce this title.
6387 It is the duty of the following to diligently enforce this title in their respective
6388 capacities:
6389 (1) the governor;
6390 (2) a commissioner;
6391 (3) the director;
6392 (4) an official, inspector, or department employee;
6393 (5) a prosecuting official of the state or its political subdivisions;
6394 (6) a county, city, or town[
6395 (7) a peace officer, sheriff, deputy sheriff, constable, marshal, or law enforcement
6396 official;
6397 (8) a state health official; and
6398 (9) a clerk of the court.
6399 Section 83. Section 35A-8-805 is amended to read:
6400 35A-8-805. Reporting requirements.
6401 (1) As used in this section:
6402 (a) "Affordable housing" means, as determined by the department, the number of
6403 housing units within a county or municipality where a household whose income is at or below
6404 50% of area median income is able to live in a unit without spending more than 30% of their
6405 income on housing costs.
6406 (b) "County" means the unincorporated area of a county.
6407 (c) "Low-income housing" means, as determined by the department, the number of
6408 Section 42, Internal Revenue Code, housing units within a county or municipality.
6409 (d) "Municipality" means a city[
6410 (2) (a) On or before October 1 of each year, the division shall provide a report to the
6411 department for inclusion in the department's annual report described in Section 35A-1-109.
6412 (b) The report shall include:
6413 (i) an estimate of how many affordable housing units and how many low-income
6414 housing units are available in each county and municipality in the state;
6415 (ii) a determination of the percentage of affordable housing available in each county
6416 and municipality in the state as compared to the statewide average;
6417 (iii) a determination of the percentage of low-income housing available in each county
6418 and municipality in the state as compared to the statewide average; and
6419 (iv) a description of how information in the report was calculated.
6420 Section 84. Section 35A-16-401 is amended to read:
6421 35A-16-401. Definitions.
6422 As used in this part:
6423 (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
6424 created in Section 35A-16-402.
6425 (2) "Authorized provider" means a nonprofit provider of homeless services that is
6426 authorized by a third-tier eligible municipality to operate a temporary winter response shelter
6427 within the municipality in accordance with Part 5, Winter Response Plan Requirements.
6428 (3) "Eligible municipality" means:
6429 (a) a first-tier eligible municipality;
6430 (b) a second-tier eligible municipality; or
6431 (c) a third-tier eligible municipality.
6432 (4) "Eligible services" means any activities or services that mitigate the impacts of the
6433 location of an eligible shelter, including direct services, public safety services, and emergency
6434 services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3,
6435 Utah Administrative Rulemaking Act.
6436 (5) "Eligible shelter" means:
6437 (a) for a first-tier eligible municipality, a homeless shelter that:
6438 (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
6439 verified by the office;
6440 (ii) operates year-round; and
6441 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
6442 operation;
6443 (b) for a second-tier municipality, a homeless shelter that:
6444 (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
6445 verified by the office;
6446 (ii) operates year-round; and
6447 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
6448 operation; and
6449 (c) for a third-tier eligible municipality, a homeless shelter that:
6450 (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
6451 as verified by the office; and
6452 (B) operates for no less than three months during the period beginning October 1 and
6453 ending April 30 of the following year; or
6454 (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and
6455 (B) increases capacity during a winter response period, as defined in Section
6456 35A-16-501, in accordance with Subsection 35A-16-502(6)(a).
6457 (6) "First-tier eligible municipality" means a municipality that:
6458 (a) is located within a county of the first or second class;
6459 (b) as determined by the office, has or is proposed to have an eligible shelter within the
6460 municipality's geographic boundaries within the following fiscal year;
6461 (c) due to the location of an eligible shelter within the municipality's geographic
6462 boundaries, requires eligible services; and
6463 (d) is certified as a first-tier eligible municipality in accordance with Section
6464 35A-16-404.
6465 (7) "Homeless shelter" means a facility that provides or is proposed to provide
6466 temporary shelter to individuals experiencing homelessness.
6467 (8) "Municipality" means a city[
6468 (9) "Public safety services" means law enforcement, emergency medical services, or
6469 fire protection.
6470 (10) "Second-tier eligible municipality" means a municipality that:
6471 (a) is located within a county of the third, fourth, fifth, or sixth class;
6472 (b) as determined by the office, has or is proposed to have an eligible shelter within the
6473 municipality's geographic boundaries within the following fiscal year;
6474 (c) due to the location of an eligible shelter within the municipality's geographic
6475 boundaries, requires eligible services; and
6476 (d) is certified as a second-tier eligible municipality in accordance with Section
6477 35A-16-404.
6478 (11) "Third-tier eligible municipality" means a municipality that:
6479 (a) as determined by the office, has or is proposed to have an eligible shelter within the
6480 municipality's geographic boundaries within the following fiscal year; and
6481 (b) due to the location of an eligible shelter within the municipality's geographic
6482 boundaries, requires eligible services.
6483 Section 85. Section 35A-16-501 is amended to read:
6484 35A-16-501. Definitions.
6485 As used in this part:
6486 (1) "Applicable county" means a county of the first or second class.
6487 (2) "Applicable local homeless council" means the local homeless council that is
6488 responsible for coordinating homeless response within an applicable county.
6489 (3) "Capacity limit" means a limit as to the number of individuals that a homeless
6490 shelter may provide overnight shelter to under a conditional use permit.
6491 (4) "Chief executive officer" means the same as that term is defined in Section
6492 11-51-102.
6493 (5) "Community location" means the same as that term is defined in Section 10-8-41.6.
6494 (6) "Conference of mayors" means an association consisting of the mayor of each
6495 municipality located within a county.
6496 (7) "Council of governments" means the same as that term is defined in Section
6497 72-2-117.5.
6498 (8) "County winter response task force" or "task force" means a task force described in
6499 Section 35A-16-501.5.
6500 (9) "Homeless shelter" means a facility that:
6501 (a) provides temporary shelter to individuals experiencing homelessness;
6502 (b) operates year-round; and
6503 (c) is not subject to restrictions that limit the hours, days, weeks, or months of
6504 operation.
6505 (10) "Municipality" means a city[
6506 (11) "State facility" means the same as that term is defined in Section 63A-5b-1001.
6507 (12) "Subsequent winter response period" means the winter response period that begins
6508 on October 15 of the year in which a county winter response task force is required to submit a
6509 winter response plan to the office under Section 35A-16-502.
6510 (13) "Targeted winter response bed count" means the targeted bed count number for an
6511 applicable county during the winter response period, as determined jointly by the applicable
6512 local homeless council and the office.
6513 (14) "Temporary winter response shelter" means a facility that:
6514 (a) provides temporary emergency shelter to individuals experiencing homelessness
6515 during a winter response period; and
6516 (b) does not operate year-round.
6517 (15) "Winter response period" means the period beginning October 15 and ending
6518 April 30 of the following year.
6519 (16) "Winter response plan" means the plan described in Section 35A-16-502.
6520 Section 86. Section 35A-16-701 is amended to read:
6521 35A-16-701. Definitions.
6522 As used in this part:
6523 (1) "Affected county" means a county of the first, second, third, or fourth class in
6524 which a code blue event is anticipated.
6525 (2) "Applicable local homeless council" means the local homeless council that is
6526 responsible for coordinating homeless response within an affected county.
6527 (3) "Capacity limit" means a limit as to the number of individuals that a homeless
6528 shelter may provide temporary shelter to under a conditional use permit.
6529 (4) "Code blue alert" means a proclamation issued by the Department of Health and
6530 Human Services under Section 35A-16-702 to alert the public of a code blue event.
6531 (5) "Code blue event" means a weather event in which the National Weather Service
6532 predicts temperatures of 15 degrees Fahrenheit or less, including wind chill, or any other
6533 extreme weather conditions established in rules made by the Department of Health and Human
6534 Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or
6535 fourth class for two hours or longer within the next 24 to 48 hours.
6536 (6) "Homeless shelter" means a facility that provides temporary shelter to individuals
6537 experiencing homelessness.
6538 (7) "Municipality" means a city[
6539 Section 87. Section 36-11-102 is amended to read:
6540 36-11-102. Definitions.
6541 As used in this chapter:
6542 (1) "Aggregate daily expenditures" means:
6543 (a) for a single lobbyist, principal, or government officer, the total of all expenditures
6544 made within a calendar day by the lobbyist, principal, or government officer for the benefit of
6545 an individual public official;
6546 (b) for an expenditure made by a member of a lobbyist group, the total of all
6547 expenditures made within a calendar day by every member of the lobbyist group for the benefit
6548 of an individual public official; or
6549 (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
6550 lobbyist within a calendar day for the benefit of an individual public official, regardless of
6551 whether the expenditures were attributed to different clients.
6552 (2) "Approved activity" means an event, a tour, or a meeting:
6553 (a) (i) to which a legislator or another nonexecutive branch public official is invited;
6554 and
6555 (ii) attendance at which is approved by:
6556 (A) the speaker of the House of Representatives, if the public official is a member of
6557 the House of Representatives or another nonexecutive branch public official; or
6558 (B) the president of the Senate, if the public official is a member of the Senate or
6559 another nonexecutive branch public official; or
6560 (b) (i) to which a public official who holds a position in the executive branch of state
6561 government is invited; and
6562 (ii) attendance at which is approved by the governor or the lieutenant governor.
6563 (3) "Board of education" means:
6564 (a) a local school board described in Title 53G, Chapter 4, School Districts;
6565 (b) the State Board of Education;
6566 (c) the State Charter School Board created under Section 53G-5-201; or
6567 (d) a charter school governing board described in Title 53G, Chapter 5, Charter
6568 Schools.
6569 (4) "Capitol hill complex" means the same as that term is defined in Section
6570 63C-9-102.
6571 (5) (a) "Compensation" means anything of economic value, however designated, that is
6572 paid, loaned, granted, given, donated, or transferred to an individual for the provision of
6573 services or ownership before any withholding required by federal or state law.
6574 (b) "Compensation" includes:
6575 (i) a salary or commission;
6576 (ii) a bonus;
6577 (iii) a benefit;
6578 (iv) a contribution to a retirement program or account;
6579 (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
6580 Code, and subject to social security deductions, including a payment in excess of the maximum
6581 amount subject to deduction under social security law;
6582 (vi) an amount that the individual authorizes to be deducted or reduced for salary
6583 deferral or other benefits authorized by federal law; or
6584 (vii) income based on an individual's ownership interest.
6585 (6) "Compensation payor" means a person who pays compensation to a public official
6586 in the ordinary course of business:
6587 (a) because of the public official's ownership interest in the compensation payor; or
6588 (b) for services rendered by the public official on behalf of the compensation payor.
6589 (7) "Education action" means:
6590 (a) a resolution, policy, or other official action for consideration by a board of
6591 education;
6592 (b) a nomination or appointment by an education official or a board of education;
6593 (c) a vote on an administrative action taken by a vote of a board of education;
6594 (d) an adjudicative proceeding over which an education official has direct or indirect
6595 control;
6596 (e) a purchasing or contracting decision;
6597 (f) drafting or making a policy, resolution, or rule;
6598 (g) determining a rate or fee; or
6599 (h) making an adjudicative decision.
6600 (8) "Education official" means:
6601 (a) a member of a board of education;
6602 (b) an individual appointed to or employed in a position under a board of education, if
6603 that individual:
6604 (i) occupies a policymaking position or makes purchasing or contracting decisions;
6605 (ii) drafts resolutions or policies or drafts or makes rules;
6606 (iii) determines rates or fees;
6607 (iv) makes decisions relating to an education budget or the expenditure of public
6608 money; or
6609 (v) makes adjudicative decisions; or
6610 (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
6611 (9) "Event" means entertainment, a performance, a contest, or a recreational activity
6612 that an individual participates in or is a spectator at, including a sporting event, an artistic
6613 event, a play, a movie, dancing, or singing.
6614 (10) "Executive action" means:
6615 (a) a nomination or appointment by the governor;
6616 (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
6617 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
6618 (c) agency ratemaking proceedings; or
6619 (d) an adjudicative proceeding of a state agency.
6620 (11) (a) "Expenditure" means any of the items listed in this Subsection (11)(a) when
6621 given to or for the benefit of a public official unless consideration of equal or greater value is
6622 received:
6623 (i) a purchase, payment, or distribution;
6624 (ii) a loan, gift, or advance;
6625 (iii) a deposit, subscription, or forbearance;
6626 (iv) services or goods;
6627 (v) money;
6628 (vi) real property;
6629 (vii) a ticket or admission to an event; or
6630 (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
6631 any item listed in Subsections (11)(a)(i) through (vii).
6632 (b) "Expenditure" does not mean:
6633 (i) a commercially reasonable loan made in the ordinary course of business;
6634 (ii) a campaign contribution:
6635 (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
6636 Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any applicable ordinance
6637 adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or
6638 (B) lawfully given to a person that is not required to report the contribution under a law
6639 or ordinance described in Subsection (11)(b)(ii)(A);
6640 (iii) printed informational material that is related to the performance of the recipient's
6641 official duties;
6642 (iv) a devise or inheritance;
6643 (v) any item listed in Subsection (11)(a) if:
6644 (A) given by a relative;
6645 (B) given by a compensation payor for a purpose solely unrelated to the public
6646 official's position as a public official;
6647 (C) the item is food or beverage with a value that does not exceed the food
6648 reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
6649 the food reimbursement rate; or
6650 (D) the item is not food or beverage, has a value of less than $10, and the aggregate
6651 daily expenditures do not exceed $10;
6652 (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
6653 following are invited:
6654 (A) all members of the Legislature;
6655 (B) all members of a standing or interim committee;
6656 (C) all members of an official legislative task force;
6657 (D) all members of a party caucus; or
6658 (E) all members of a group described in Subsections (11)(b)(vi)(A) through (D) who
6659 are attending a meeting of a national organization whose primary purpose is addressing general
6660 legislative policy;
6661 (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
6662 official who is:
6663 (A) giving a speech at the event, tour, or meeting;
6664 (B) participating in a panel discussion at the event, tour, or meeting; or
6665 (C) presenting or receiving an award at the event, tour, or meeting;
6666 (viii) a plaque, commendation, or award that:
6667 (A) is presented in public; and
6668 (B) has the name of the individual receiving the plaque, commendation, or award
6669 inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
6670 award;
6671 (ix) a gift that:
6672 (A) is an item that is not consumable and not perishable;
6673 (B) a public official, other than a local official or an education official, accepts on
6674 behalf of the state;
6675 (C) the public official promptly remits to the state;
6676 (D) a property administrator does not reject under Section 63G-23-103;
6677 (E) does not constitute a direct benefit to the public official before or after the public
6678 official remits the gift to the state; and
6679 (F) after being remitted to the state, is not transferred, divided, distributed, or used to
6680 distribute a gift or benefit to one or more public officials in a manner that would otherwise
6681 qualify the gift as an expenditure if the gift were given directly to a public official;
6682 (x) any of the following with a cash value not exceeding $30:
6683 (A) a publication; or
6684 (B) a commemorative item;
6685 (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
6686 which is:
6687 (A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign
6688 and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 10-3-208, Section
6689 17-16-6.5, or an applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1);
6690 (B) to solicit a campaign contribution that a person is not required to report under a law
6691 or ordinance described in Subsection (11)(b)(xi)(A); or
6692 (C) charitable solicitation, as defined in Section 13-22-2;
6693 (xii) travel to, lodging at, food or beverage served at, and admission to an approved
6694 activity;
6695 (xiii) sponsorship of an approved activity;
6696 (xiv) notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to
6697 or from an event, a tour, or a meeting:
6698 (A) that is sponsored by a governmental entity;
6699 (B) that is widely attended and related to a governmental duty of a public official;
6700 (C) for a local official, that is sponsored by an organization that represents only local
6701 governments, including the Utah Association of Counties, the Utah League of Cities and
6702 Towns, or the Utah Association of Special Districts; or
6703 (D) for an education official, that is sponsored by a public school, a charter school, or
6704 an organization that represents only public schools or charter schools, including the Utah
6705 Association of Public Charter Schools, the Utah School Boards Association, or the Utah
6706 School Superintendents Association; or
6707 (xv) travel to a widely attended tour or meeting related to a governmental duty of a
6708 public official if that travel results in a financial savings to:
6709 (A) for a public official who is not a local official or an education official, the state; or
6710 (B) for a public official who is a local official or an education official, the local
6711 government or board of education to which the public official belongs.
6712 (12) "Food reimbursement rate" means the total amount set by the director of the
6713 Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
6714 employee of the executive branch, for an entire day.
6715 (13) (a) "Foreign agent" means an individual who engages in lobbying under contract
6716 with a foreign government.
6717 (b) "Foreign agent" does not include an individual who is recognized by the United
6718 States Department of State as a duly accredited diplomatic or consular officer of a foreign
6719 government, including a duly accredited honorary consul.
6720 (14) "Foreign government" means a government other than the government of:
6721 (a) the United States;
6722 (b) a state within the United States;
6723 (c) a territory or possession of the United States; or
6724 (d) a political subdivision of the United States.
6725 (15) (a) "Government officer" means:
6726 (i) an individual elected to a position in state or local government, when acting in the
6727 capacity of the state or local government position;
6728 (ii) an individual elected to a board of education, when acting in the capacity of a
6729 member of a board of education;
6730 (iii) an individual appointed to fill a vacancy in a position described in Subsection
6731 (15)(a)(i) or (ii), when acting in the capacity of the position; or
6732 (iv) an individual appointed to or employed in a full-time position by state government,
6733 local government, or a board of education, when acting in the capacity of the individual's
6734 appointment or employment.
6735 (b) "Government officer" does not mean a member of the legislative branch of state
6736 government.
6737 (16) "Immediate family" means:
6738 (a) a spouse;
6739 (b) a child residing in the household; or
6740 (c) an individual claimed as a dependent for tax purposes.
6741 (17) "Legislative action" means:
6742 (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
6743 proposed in either house of the Legislature or its committees or requested by a legislator; and
6744 (b) the action of the governor in approving or vetoing legislation.
6745 (18) "Lobbying" means communicating with a public official for the purpose of
6746 influencing a legislative action, executive action, local action, or education action.
6747 (19) (a) "Lobbyist" means:
6748 (i) an individual who is employed by a principal; or
6749 (ii) an individual who contracts for economic consideration, other than reimbursement
6750 for reasonable travel expenses, with a principal to lobby a public official.
6751 (b) "Lobbyist" does not include:
6752 (i) a government officer;
6753 (ii) a member or employee of the legislative branch of state government;
6754 (iii) a person, including a principal, while appearing at, or providing written comments
6755 to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
6756 Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
6757 (iv) a person participating on or appearing before an advisory or study task force,
6758 commission, board, or committee, constituted by the Legislature, a local government, a board
6759 of education, or any agency or department of state government, except legislative standing,
6760 appropriation, or interim committees;
6761 (v) a representative of a political party;
6762 (vi) an individual representing a bona fide church solely for the purpose of protecting
6763 the right to practice the religious doctrines of the church, unless the individual or church makes
6764 an expenditure that confers a benefit on a public official;
6765 (vii) a newspaper, television station or network, radio station or network, periodical of
6766 general circulation, or book publisher for the purpose of publishing news items, editorials,
6767 other comments, or paid advertisements that directly or indirectly urge legislative action,
6768 executive action, local action, or education action;
6769 (viii) an individual who appears on the individual's own behalf before a committee of
6770 the Legislature, an agency of the executive branch of state government, a board of education,
6771 the governing body of a local government, a committee of a local government, or a committee
6772 of a board of education, solely for the purpose of testifying in support of or in opposition to
6773 legislative action, executive action, local action, or education action; or
6774 (ix) an individual representing a business, entity, or industry, who:
6775 (A) interacts with a public official, in the public official's capacity as a public official,
6776 while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
6777 interaction or while presenting at a legislative committee meeting at the same time that the
6778 registered lobbyist is attending another legislative committee meeting; and
6779 (B) does not make an expenditure for, or on behalf of, a public official in relation to the
6780 interaction or during the period of interaction.
6781 (20) "Lobbyist group" means two or more lobbyists, principals, government officers, or
6782 any combination of lobbyists, principals, and government officers, who each contribute a
6783 portion of an expenditure made to benefit a public official or member of the public official's
6784 immediate family.
6785 (21) "Local action" means:
6786 (a) an ordinance or resolution for consideration by a local government;
6787 (b) a nomination or appointment by a local official or a local government;
6788 (c) a vote on an administrative action taken by a vote of a local government's
6789 legislative body;
6790 (d) an adjudicative proceeding over which a local official has direct or indirect control;
6791 (e) a purchasing or contracting decision;
6792 (f) drafting or making a policy, resolution, or rule;
6793 (g) determining a rate or fee; or
6794 (h) making an adjudicative decision.
6795 (22) "Local government" means:
6796 (a) a county, city, or town[
6797 (b) a special district governed by Title 17B, Limited Purpose Local Government
6798 Entities - Special Districts;
6799 (c) a special service district governed by Title 17D, Chapter 1, Special Service District
6800 Act;
6801 (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
6802 Government Entities - Community Reinvestment Agency Act;
6803 (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
6804 (f) a redevelopment agency; or
6805 (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
6806 13, Interlocal Cooperation Act.
6807 (23) "Local official" means:
6808 (a) an elected member of a local government;
6809 (b) an individual appointed to or employed in a position in a local government if that
6810 individual:
6811 (i) occupies a policymaking position or makes purchasing or contracting decisions;
6812 (ii) drafts ordinances or resolutions or drafts or makes rules;
6813 (iii) determines rates or fees; or
6814 (iv) makes adjudicative decisions; or
6815 (c) an immediate family member of an individual described in Subsection (23)(a) or
6816 (b).
6817 (24) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
6818 make a decision, including a conference, seminar, or summit.
6819 (25) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
6820 who represents two or more clients and divides the aggregate daily expenditure made to benefit
6821 a public official or member of the public official's immediate family between two or more of
6822 those clients.
6823 (26) "Principal" means a person that employs an individual to perform lobbying, either
6824 as an employee or as an independent contractor.
6825 (27) "Public official" means:
6826 (a) (i) a member of the Legislature;
6827 (ii) an individual elected to a position in the executive branch of state government; or
6828 (iii) an individual appointed to or employed in a position in the executive or legislative
6829 branch of state government if that individual:
6830 (A) occupies a policymaking position or makes purchasing or contracting decisions;
6831 (B) drafts legislation or makes rules;
6832 (C) determines rates or fees; or
6833 (D) makes adjudicative decisions;
6834 (b) an immediate family member of a person described in Subsection (27)(a);
6835 (c) a local official; or
6836 (d) an education official.
6837 (28) "Public official type" means a notation to identify whether a public official is:
6838 (a) (i) a member of the Legislature;
6839 (ii) an individual elected to a position in the executive branch of state government;
6840 (iii) an individual appointed to or employed in a position in the legislative branch of
6841 state government who meets the definition of public official under Subsection (27)(a)(iii);
6842 (iv) an individual appointed to or employed in a position in the executive branch of
6843 state government who meets the definition of public official under Subsection (27)(a)(iii);
6844 (v) a local official, including a description of the type of local government for which
6845 the individual is a local official; or
6846 (vi) an education official, including a description of the type of board of education for
6847 which the individual is an education official; or
6848 (b) an immediate family member of an individual described in Subsection (27)(a), (c),
6849 or (d).
6850 (29) "Quarterly reporting period" means the three-month period covered by each
6851 financial report required under Subsection 36-11-201(2)(a).
6852 (30) "Related person" means a person, agent, or employee who knowingly and
6853 intentionally assists a lobbyist, principal, or government officer in lobbying.
6854 (31) "Relative" means:
6855 (a) a spouse;
6856 (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
6857 brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
6858 (c) a spouse of an individual described in Subsection (31)(b).
6859 (32) "Tour" means visiting a location, for a purpose relating to the duties of a public
6860 official, and not primarily for entertainment, including:
6861 (a) viewing a facility;
6862 (b) viewing the sight of a natural disaster; or
6863 (c) assessing a circumstance in relation to which a public official may need to take
6864 action within the scope of the public official's duties.
6865 Section 88. Section 41-1a-1222 is amended to read:
6866 41-1a-1222. Local option highway construction and transportation corridor
6867 preservation fee -- Exemptions -- Deposit -- Transfer -- County ordinance -- Notice.
6868 (1) As used in this section[
6869
6870 term is defined in Section 10-1-104.
6871 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), a county legislative body may
6872 impose a local option highway construction and transportation corridor preservation fee of up
6873 to $10 on each motor vehicle registration within the county.
6874 (ii) A county legislative body may impose a local option highway construction and
6875 transportation corridor preservation fee of up to $7.75 on each motor vehicle registration for a
6876 six-month registration period under Section 41-1a-215.5 within the county.
6877 (iii) A fee imposed under Subsection (2)(a)(i) or (ii) shall be set in whole dollar
6878 increments.
6879 (b) If imposed under Subsection (2)(a), at the time application is made for registration
6880 or renewal of registration of a motor vehicle under this chapter, the applicant shall pay the local
6881 option highway construction and transportation corridor preservation fee established by the
6882 county legislative body.
6883 (c) The following are exempt from the fee required under Subsection (2)(a):
6884 (i) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or
6885 Subsection 41-1a-419(3);
6886 (ii) a commercial vehicle with an apportioned registration under Section 41-1a-301;
6887 and
6888 (iii) a motor vehicle with a Purple Heart special group license plate issued:
6889 (A) on or before December 31, 2023; or
6890 (B) in accordance with Part 16, Sponsored Special Group License Plates.
6891 (3) (a) Except as provided in Subsection (3)(b), the revenue generated under this
6892 section shall be:
6893 (i) deposited in the Local Highway and Transportation Corridor Preservation Fund
6894 created in Section 72-2-117.5;
6895 (ii) credited to the county from which it is generated; and
6896 (iii) used and distributed in accordance with Section 72-2-117.5.
6897 (b) The revenue generated by a fee imposed under this section in a county of the first
6898 class shall be deposited or transferred as follows:
6899 (i) 50% of the revenue shall be:
6900 (A) deposited in the County of the First Class Highway Projects Fund created in
6901 Section 72-2-121; and
6902 (B) used in accordance with Section 72-2-121;
6903 (ii) 30% of the revenue shall be deposited, credited, and used as provided in Subsection
6904 (3)(a); and
6905 (iii) 20% of the revenue shall be transferred to the legislative body of a county of the
6906 first class.
6907 (4) Beginning in a fiscal year beginning on or after July 1, 2023, and for 15 years
6908 thereafter, the legislative body of the county of the first class shall annually transfer, from the
6909 revenue transferred to the legislative body of a county of the first class as described in
6910 Subsection (3)(b)(iii):
6911 (a) $300,000 to Kearns [
6912 (b) $225,000 to Magna [
6913 (5) To impose or change the amount of a fee under this section, the county legislative
6914 body shall pass an ordinance:
6915 (a) approving the fee;
6916 (b) setting the amount of the fee; and
6917 (c) providing an effective date for the fee as provided in Subsection (6).
6918 (6) (a) If a county legislative body enacts, changes, or repeals a fee under this section,
6919 the enactment, change, or repeal shall take effect on July 1 if the commission receives notice
6920 meeting the requirements of Subsection (6)(b) from the county prior to April 1.
6921 (b) The notice described in Subsection (6)(a) shall:
6922 (i) state that the county will enact, change, or repeal a fee under this part;
6923 (ii) include a copy of the ordinance imposing the fee; and
6924 (iii) if the county enacts or changes the fee under this section, state the amount of the
6925 fee.
6926 Section 89. Section 41-6a-1115.1 is amended to read:
6927 41-6a-1115.1. Scooter-share programs -- Local ordinances regulating motor
6928 assisted scooters.
6929 (1) For the purposes of this section:
6930 (a) "Local authority" means a county, city, or town[
6931 (b) "Scooter-share operator" means a person offering a shared scooter for hire.
6932 (c) "Scooter-share program" means the offering of a shared scooter for hire.
6933 (d) "Shared scooter" means a motor assisted scooter offered for hire.
6934 (2) A local authority may regulate the operation of a motor assisted scooter within its
6935 jurisdiction.
6936 (3) A local authority may authorize the operation of a motor assisted scooter on
6937 sidewalks and regulate the operation, including the maximum speed on the sidewalks.
6938 (4) A regulation adopted by a local authority pursuant to this section regarding the
6939 operation of a motor assisted scooter shall be consistent with the regulation of bicycles and this
6940 title.
6941 (5) (a) A local authority may regulate the operation of a scooter-share program within
6942 its jurisdiction. Regulation of scooter-share programs shall be consistent with this Subsection
6943 (5).
6944 (b) A shared scooter shall bear a single unique alphanumeric identification visible from
6945 a distance of five feet, that may not be obfuscated by branding or other markings, and that shall
6946 be used throughout the state, including by local authorities, to identify the shared scooter.
6947 (c) A scooter-share operator shall maintain the following insurance coverage dedicated
6948 exclusively for operation of shared scooters:
6949 (i) commercial general liability insurance coverage with a limit of at least $1,000,000
6950 each occurrence and $5,000,000 aggregate;
6951 (ii) automobile insurance coverage with a limit of at least $1,000,000 each occurrence
6952 and $1,000,000 aggregate;
6953 (iii) umbrella or excess liability coverage with a limit of at least $5,000,000 each
6954 occurrence and $5,000,000 aggregate; and
6955 (iv) when the scooter-share operator employs an individual, workers' compensation
6956 coverage of no less than required by law.
6957 (d) Penalties for a moving or parking violation involving a motor assisted scooter or a
6958 shared scooter shall be assessed to the person responsible for the violation, and may not exceed
6959 penalties assessed to a rider of a bicycle.
6960 (e) A scooter-share operator may be required to pay fees, provided that the total
6961 amount of the fees collected may not exceed the reasonable and necessary cost to the local
6962 authority of administering scooter-share programs, including a reasonable fee for the use of the
6963 right-of-way, commensurate and proportional to fees charged for similar uses.
6964 (f) A scooter-share operator may be required to indemnify the local authority for
6965 claims, demands, costs, including reasonable attorney fees, losses, or damages brought against
6966 the local authority, and arising out of a negligent act, error, omission, or willful misconduct by
6967 the scooter-share operator or the scooter-share operator's employees, except to the extent the
6968 claims, demands, costs, losses, or damages arise out of such local authority's negligence or
6969 willful misconduct.
6970 (g) In the interests of safety and right-of-way management, a local authority may
6971 designate locations where scooter-share operators may not stage shared scooters, provided that
6972 at least one location shall be permitted on each side of each city block in commercial zones and
6973 business districts.
6974 (h) A local authority may require scooter-share operators, as a condition for operating a
6975 scooter-share program, to provide to the local authority anonymized fleet and ride activity data
6976 for completed trips starting or ending within the jurisdiction of the local authority on a vehicle
6977 of the scooter-share operator or of any person or company controlled by, controlling, or under
6978 common control with the scooter-share operator, provided that, to ensure individual privacy the
6979 trip data:
6980 (i) is provided via an application programming interface, subject to the scooter-share
6981 operator's license agreement for such interface, in compliance with a national data format
6982 specification;
6983 (ii) provided shall be treated as trade secret and proprietary business information, and
6984 may not be shared to third parties without the scooter-share operator's consent, and may not be
6985 treated as owned by the local authority; and
6986 (iii) shall be considered private information, and may not be disclosed under Title 63G,
6987 Chapter 2, Government Records Access and Management Act, pursuant to a public records
6988 request received by the local authority without prior aggregation or obfuscation to protect
6989 individual privacy.
6990 (i) In regulating a shared scooter or a scooter-share program, a local authority may not
6991 impose any unduly restrictive requirement on a scooter-share operator, including:
6992 (i) requiring operation below cost; or
6993 (ii) subjecting riders of shared scooters to requirements more restrictive than those
6994 applicable to riders of privately owned motor assisted scooters or bicycles.
6995 Section 90. Section 52-1-1 is amended to read:
6996 52-1-1. Official bonds to run to state, county, municipality, or other agency.
6997 [
6998
6999
7000
7001 If a public officer is required to give a bond but the requirement does not prescribe to
7002 whom the bond is to be made, the bond shall be made to:(1) the state, if the public officer is a
7003 state officer;
7004 (2) the county, if the public officer is a county, precinct, or district officer;
7005 (3) the city or town, if the public officer is a municipal officer; or
7006 (4) the board of education, if the public officer is a school officer.
7007 Section 91. Section 52-4-203 is amended to read:
7008 52-4-203. Written minutes of open meetings -- Public records -- Recording of
7009 meetings.
7010 (1) Except as provided under Subsection (7), written minutes and a recording shall be
7011 kept of all open meetings.
7012 (2) (a) Written minutes of an open meeting shall include:
7013 (i) the date, time, and place of the meeting;
7014 (ii) the names of members present and absent;
7015 (iii) the substance of all matters proposed, discussed, or decided by the public body
7016 which may include a summary of comments made by members of the public body;
7017 (iv) a record, by individual member, of each vote taken by the public body;
7018 (v) the name of each person who:
7019 (A) is not a member of the public body; and
7020 (B) after being recognized by the presiding member of the public body, provided
7021 testimony or comments to the public body;
7022 (vi) the substance, in brief, of the testimony or comments provided by the public under
7023 Subsection (2)(a)(v); and
7024 (vii) any other information that is a record of the proceedings of the meeting that any
7025 member requests be entered in the minutes or recording.
7026 (b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
7027 minutes include the substance of matters proposed, discussed, or decided or the substance of
7028 testimony or comments by maintaining a publicly available online version of the minutes that
7029 provides a link to the meeting recording at the place in the recording where the matter is
7030 proposed, discussed, or decided or the testimony or comments provided.
7031 (c) A public body that has members who were elected to the public body shall satisfy
7032 the requirement described in Subsection (2)(a)(iv) by recording each vote:
7033 (i) in list format;
7034 (ii) by category for each action taken by a member, including yes votes, no votes, and
7035 absent members; and
7036 (iii) by each member's name.
7037 (3) A recording of an open meeting shall:
7038 (a) be a complete and unedited record of all open portions of the meeting from the
7039 commencement of the meeting through adjournment of the meeting; and
7040 (b) be properly labeled or identified with the date, time, and place of the meeting.
7041 (4) (a) As used in this Subsection (4):
7042 (i) "Approved minutes" means written minutes:
7043 (A) of an open meeting; and
7044 (B) that have been approved by the public body that held the open meeting.
7045 (ii) "Electronic information" means information presented or provided in an electronic
7046 format.
7047 (iii) "Pending minutes" means written minutes:
7048 (A) of an open meeting; and
7049 (B) that have been prepared in draft form and are subject to change before being
7050 approved by the public body that held the open meeting.
7051 (iv) "Specified local public body" means a legislative body of a county, city, or town[
7052
7053 (v) "State public body" means a public body that is an administrative, advisory,
7054 executive, or legislative body of the state.
7055 (vi) "State website" means the Utah Public Notice Website created under Section
7056 63A-16-601.
7057 (b) Pending minutes, approved minutes, and a recording of a public meeting are public
7058 records under Title 63G, Chapter 2, Government Records Access and Management Act.
7059 (c) Pending minutes shall contain a clear indication that the public body has not yet
7060 approved the minutes or that the minutes are subject to change until the public body approves
7061 them.
7062 (d) A public body shall require an individual who, at an open meeting of the public
7063 body, publicly presents or provides electronic information, relating to an item on the public
7064 body's meeting agenda, to provide the public body, at the time of the meeting, an electronic or
7065 hard copy of the electronic information for inclusion in the public record.
7066 (e) A state public body shall:
7067 (i) make pending minutes available to the public within 30 days after holding the open
7068 meeting that is the subject of the pending minutes;
7069 (ii) within three business days after approving written minutes of an open meeting:
7070 (A) post to the state website a copy of the approved minutes and any public materials
7071 distributed at the meeting;
7072 (B) make the approved minutes and public materials available to the public at the
7073 public body's primary office; and
7074 (C) if the public body provides online minutes under Subsection (2)(b), post approved
7075 minutes that comply with Subsection (2)(b) and the public materials on the public body's
7076 website; and
7077 (iii) within three business days after holding an open meeting, post on the state website
7078 an audio recording of the open meeting, or a link to the recording.
7079 (f) A specified local public body shall:
7080 (i) make pending minutes available to the public within 30 days after holding the open
7081 meeting that is the subject of the pending minutes;
7082 (ii) within three business days after approving written minutes of an open meeting,
7083 post and make available a copy of the approved minutes and any public materials distributed at
7084 the meeting, as provided in Subsection (4)(e)(ii); and
7085 (iii) within three business days after holding an open meeting, make an audio recording
7086 of the open meeting available to the public for listening.
7087 (g) A public body that is not a state public body or a specified local public body shall:
7088 (i) make pending minutes available to the public within a reasonable time after holding
7089 the open meeting that is the subject of the pending minutes;
7090 (ii) within three business days after approving written minutes of an open meeting:
7091 (A) post and make available a copy of the approved minutes and any public materials
7092 distributed at the meeting, as provided in Subsection (4)(e)(ii); or
7093 (B) comply with Subsections (4)(e)(ii)(B) and (C) and post to the state website a link to
7094 a website on which the approved minutes and any public materials distributed at the meeting
7095 are posted; and
7096 (iii) within three business days after holding an open meeting, make an audio recording
7097 of the open meeting available to the public for listening.
7098 (h) A public body shall establish and implement procedures for the public body's
7099 approval of the written minutes of each meeting.
7100 (i) Approved minutes of an open meeting are the official record of the meeting.
7101 (5) All or any part of an open meeting may be independently recorded by any person in
7102 attendance if the recording does not interfere with the conduct of the meeting.
7103 (6) The written minutes or recording of an open meeting that are required to be
7104 retained permanently shall be maintained in or converted to a format that meets long-term
7105 records storage requirements.
7106 (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
7107 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
7108 by the public body; or
7109 (b) an open meeting of a special district under Title 17B, Limited Purpose Local
7110 Government Entities - Special Districts, or special service district under Title 17D, Chapter 1,
7111 Special Service District Act, if the district's annual budgeted expenditures for all funds,
7112 excluding capital expenditures and debt service, are $50,000 or less.
7113 Section 92. Section 53-2a-208 is amended to read:
7114 53-2a-208. Local emergency -- Declarations -- Termination of a local emergency.
7115 (1) (a) Except as provided in Subsection (1)(b), a chief executive officer of a
7116 municipality or county may declare by proclamation a state of emergency if the chief executive
7117 officer finds:
7118 (i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
7119 area of the municipality or county; and
7120 (ii) the municipality or county requires additional assistance to supplement the
7121 response and recovery efforts of the municipality or county.
7122 (b) A chief executive officer of a municipality may not declare by proclamation a state
7123 of emergency in response to an epidemic or a pandemic.
7124 (2) A declaration of a local emergency:
7125 (a) constitutes an official recognition that a disaster situation exists within the affected
7126 municipality or county;
7127 (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
7128 from other political subdivisions or from the state or federal government;
7129 (c) activates the response and recovery aspects of any and all applicable local disaster
7130 emergency plans; and
7131 (d) authorizes the furnishing of aid and assistance in relation to the proclamation.
7132 (3) A local emergency proclamation issued under this section shall state:
7133 (a) the nature of the local emergency;
7134 (b) the area or areas that are affected or threatened; and
7135 (c) the conditions which caused the emergency.
7136 (4) The emergency declaration process within the state shall be as follows:
7137 (a) a city[
7138 (b) a county shall declare to the state;
7139 (c) the state shall declare to the federal government; and
7140 (d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the
7141 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.
7142 (5) Nothing in this part affects:
7143 (a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
7144 (b) the duties, requests, reimbursements, or other actions taken by a political
7145 subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
7146 Part 3, Statewide Mutual Aid Act.
7147 (6) (a) Except as provided in Subsection (6)(b), a state of emergency described in
7148 Subsection (1) expires the earlier of:
7149 (i) the day on which the chief executive officer finds that:
7150 (A) the threat or danger has passed;
7151 (B) the disaster reduced to the extent that emergency conditions no longer exist; or
7152 (C) the municipality or county no longer requires state government assistance to
7153 supplement the response and recovery efforts of the municipality or county;
7154 (ii) 30 days after the day on which the chief executive officer declares the state of
7155 emergency; or
7156 (iii) the day on which the legislative body of the municipality or county terminates the
7157 state of emergency by majority vote.
7158 (b) (i) (A) The legislative body of a municipality may at any time terminate by majority
7159 vote a state of emergency declared by the chief executive officer of the municipality.
7160 (B) The legislative body of a county may at any time terminate by majority vote a state
7161 of emergency declared by the chief executive officer of the county.
7162 (ii) The legislative body of a municipality or county may by majority vote extend a
7163 state of emergency for a time period stated in the motion.
7164 (iii) If the legislative body of a municipality or county extends a state of emergency in
7165 accordance with this subsection, the state of emergency expires on the date designated by the
7166 legislative body in the motion.
7167 (iv) An action by a legislative body of a municipality or county to terminate a state of
7168 emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief
7169 executive officer.
7170 (c) Except as provided in Subsection (7), after a state of emergency expires in
7171 accordance with this Subsection (6), the chief executive officer may not declare a new state of
7172 emergency in response to the same disaster or occurrence as the expired state of emergency.
7173 (7) (a) After a state of emergency expires in accordance with Subsection (6), the chief
7174 executive officer may declare a new state of emergency in response to the same disaster or
7175 occurrence as the expired state of emergency, if the chief executive officer finds that exigent
7176 circumstances exist.
7177 (b) A state of emergency declared in accordance with Subsection (7)(a) expires in
7178 accordance with Subsections (6)(a) and (b).
7179 (c) After a state of emergency declared in accordance with Subsection (7)(a) expires,
7180 the chief executive officer may not declare a new state of emergency in response to the same
7181 disaster or occurrence as the expired state of emergency, regardless of whether exigent
7182 circumstances exist.
7183 Section 93. Section 53-2a-802 is amended to read:
7184 53-2a-802. Definitions.
7185 (1) (a) "Absent" means:
7186 (i) not physically present or not able to be communicated with for 48 hours; or
7187 (ii) for local government officers, as defined by local ordinances.
7188 (b) "Absent" does not include a person who can be communicated with via telephone,
7189 radio, or telecommunications.
7190 (2) "Department" means the Department of Government Operations, the Department of
7191 Agriculture and Food, the Alcoholic Beverage Services Commission, the Department of
7192 Commerce, the Department of Cultural and Community Engagement, the Department of
7193 Corrections, the Department of Environmental Quality, the Department of Financial
7194 Institutions, the Department of Health, the Department of Workforce Services, the Labor
7195 Commission, the National Guard, the Department of Insurance, the Department of Natural
7196 Resources, the Department of Public Safety, the Public Service Commission, the Department
7197 of Human Services, the State Tax Commission, the Department of Transportation, any other
7198 major administrative subdivisions of state government, the State Board of Education, the Utah
7199 Board of Higher Education, the Utah Housing Corporation, the State Retirement Board, and
7200 each institution of higher education within the system of higher education.
7201 (3) "Division" means the Division of Emergency Management established in Title 53,
7202 Chapter 2a, Part 1, Emergency Management Act.
7203 (4) "Emergency interim successor" means a person designated by this part to exercise
7204 the powers and discharge the duties of an office when the person legally exercising the powers
7205 and duties of the office is unavailable.
7206 (5) "Executive director" means the person with ultimate responsibility for managing
7207 and overseeing the operations of each department, however denominated.
7208 (6) (a) "Office" includes all state and local offices, the powers and duties of which are
7209 defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
7210 (b) "Office" does not include the office of governor or the legislative or judicial offices.
7211 (7) "Place of governance" means the physical location where the powers of an office
7212 are being exercised.
7213 (8) "Political subdivision" includes counties, cities, towns[
7214 authorities, and other public corporations and entities whether organized and existing under
7215 charter or general law.
7216 (9) "Political subdivision officer" means a person holding an office in a political
7217 subdivision.
7218 (10) "State officer" means the attorney general, the state treasurer, the state auditor, and
7219 the executive director of each department.
7220 (11) "Unavailable" means:
7221 (a) absent from the place of governance during a disaster that seriously disrupts normal
7222 governmental operations, whether or not that absence or inability would give rise to a vacancy
7223 under existing constitutional or statutory provisions; or
7224 (b) as otherwise defined by local ordinance.
7225 Section 94. Section 53-2a-1403 is amended to read:
7226 53-2a-1403. Emergency operations plan.
7227 (1) Each county shall create and maintain an emergency operations plan.
7228 (2) Each city[
7229 (a) create and maintain an emergency operations plan; or
7230 (b) adopt the emergency operations plan created by the county in which the city[
7231 town[
7232 Section 95. Section 53-2d-101 (Effective 07/01/24) is amended to read:
7233 53-2d-101 (Effective 07/01/24). Definitions.
7234 As used in this chapter:
7235 (1) (a) "911 ambulance or paramedic services" means:
7236 (i) either:
7237 (A) 911 ambulance service;
7238 (B) 911 paramedic service; or
7239 (C) both 911 ambulance and paramedic service; and
7240 (ii) a response to a 911 call received by a designated dispatch center that receives 911
7241 or E911 calls.
7242 (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
7243 telephone call received directly by an ambulance provider licensed under this chapter.
7244 (2) "Account" means the Automatic External Defibrillator Restricted Account, created
7245 in Section 53-2d-809.
7246 (3) "Ambulance" means a ground, air, or water vehicle that:
7247 (a) transports patients and is used to provide emergency medical services; and
7248 (b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
7249 (4) "Ambulance provider" means an emergency medical service provider that:
7250 (a) transports and provides emergency medical care to patients; and
7251 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
7252 (5) "Automatic external defibrillator" or "AED" means an automated or automatic
7253 computerized medical device that:
7254 (a) has received pre-market notification approval from the United States Food and
7255 Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
7256 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
7257 ventricular tachycardia;
7258 (c) is capable of determining, without intervention by an operator, whether
7259 defibrillation should be performed; and
7260 (d) upon determining that defibrillation should be performed, automatically charges,
7261 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
7262 to an individual's heart.
7263 (6) (a) "Behavioral emergency services" means delivering a behavioral health
7264 intervention to a patient in an emergency context within a scope and in accordance with
7265 guidelines established by the department.
7266 (b) "Behavioral emergency services" does not include engaging in the:
7267 (i) practice of mental health therapy as defined in Section 58-60-102;
7268 (ii) practice of psychology as defined in Section 58-61-102;
7269 (iii) practice of clinical social work as defined in Section 58-60-202;
7270 (iv) practice of certified social work as defined in Section 58-60-202;
7271 (v) practice of marriage and family therapy as defined in Section 58-60-302;
7272 (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
7273 (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
7274 (7) "Bureau" means the Bureau of Emergency Medical Services created in Section
7275 53-2d-102.
7276 (8) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
7277 chest compression applied to a person who is unresponsive and not breathing.
7278 (9) "Committee" means the State Emergency Medical Services Committee created by
7279 Section 53-2d-104.
7280 (10) "Community paramedicine" means medical care:
7281 (a) provided by emergency medical service personnel; and
7282 (b) provided to a patient who is not:
7283 (i) in need of ambulance transportation; or
7284 (ii) located in a health care facility as defined in Section 26B-2-201.
7285 (11) "Division" means the Division of Emergency Management created in Section
7286 53-2a-103.
7287 (12) "Direct medical observation" means in-person observation of a patient by a
7288 physician, registered nurse, physician's assistant, or individual licensed under Section
7289 26B-4-116.
7290 (13) "Emergency medical condition" means:
7291 (a) a medical condition that manifests itself by symptoms of sufficient severity,
7292 including severe pain, that a prudent layperson, who possesses an average knowledge of health
7293 and medicine, could reasonably expect the absence of immediate medical attention to result in:
7294 (i) placing the individual's health in serious jeopardy;
7295 (ii) serious impairment to bodily functions; or
7296 (iii) serious dysfunction of any bodily organ or part; or
7297 (b) a medical condition that in the opinion of a physician or the physician's designee
7298 requires direct medical observation during transport or may require the intervention of an
7299 individual licensed under Section 53-2d-402 during transport.
7300 (14) "Emergency medical dispatch center" means a public safety answering point, as
7301 defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by
7302 the bureau.
7303 (15) (a) "Emergency medical service personnel" means an individual who provides
7304 emergency medical services or behavioral emergency services to a patient and is required to be
7305 licensed or certified under Section 53-2d-402.
7306 (b) "Emergency medical service personnel" includes a paramedic, medical director of a
7307 licensed emergency medical service provider, emergency medical service instructor, behavioral
7308 emergency services technician, other categories established by the committee, and a certified
7309 emergency medical dispatcher.
7310 (16) "Emergency medical service providers" means:
7311 (a) licensed ambulance providers and paramedic providers;
7312 (b) a facility or provider that is required to be designated under Subsection
7313 53-2d-403(1)(a); and
7314 (c) emergency medical service personnel.
7315 (17) "Emergency medical services" means:
7316 (a) medical services;
7317 (b) transportation services;
7318 (c) behavioral emergency services; or
7319 (d) any combination of the services described in Subsections (17)(a) through (c).
7320 (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
7321 (a) maintained and used for the transportation of emergency medical personnel,
7322 equipment, and supplies to the scene of a medical emergency; and
7323 (b) required to be permitted under Section 53-2d-404.
7324 (19) "Governing body":
7325 (a) means the same as that term is defined in Section 11-42-102; and
7326 (b) for purposes of a "special service district" under Section 11-42-102, means a
7327 special service district that has been delegated the authority to select a provider under this
7328 chapter by the special service district's legislative body or administrative control board.
7329 (20) "Interested party" means:
7330 (a) a licensed or designated emergency medical services provider that provides
7331 emergency medical services within or in an area that abuts an exclusive geographic service area
7332 that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic
7333 Providers;
7334 (b) any municipality, county, or fire district that lies within or abuts a geographic
7335 service area that is the subject of an application submitted pursuant to Part 5, Ambulance and
7336 Paramedic Providers; or
7337 (c) the department when acting in the interest of the public.
7338 (21) "Level of service" means the level at which an ambulance provider type of service
7339 is licensed as:
7340 (a) emergency medical technician;
7341 (b) advanced emergency medical technician; or
7342 (c) paramedic.
7343 (22) "Medical control" means a person who provides medical supervision to an
7344 emergency medical service provider.
7345 (23) "Non-911 service" means transport of a patient that is not 911 transport under
7346 Subsection (1).
7347 (24) "Nonemergency secured behavioral health transport" means an entity that:
7348 (a) provides nonemergency secure transportation services for an individual who:
7349 (i) is not required to be transported by an ambulance under Section 53-2d-405; and
7350 (ii) requires behavioral health observation during transport between any of the
7351 following facilities:
7352 (A) a licensed acute care hospital;
7353 (B) an emergency patient receiving facility;
7354 (C) a licensed mental health facility; and
7355 (D) the office of a licensed health care provider; and
7356 (b) is required to be designated under Section 53-2d-403.
7357 (25) "Paramedic provider" means an entity that:
7358 (a) employs emergency medical service personnel; and
7359 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
7360 (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
7361 emergency condition, meets any of the criteria in Section 26B-4-119.
7362 (27) "Political subdivision" means:
7363 (a) a city[
7364 (b) a county;
7365 (c) a special service district created under Title 17D, Chapter 1, Special Service
7366 District Act, for the purpose of providing fire protection services under Subsection
7367 17D-1-201(9);
7368 (d) a special district created under Title 17B, Limited Purpose Local Government
7369 Entities - Special Districts, for the purpose of providing fire protection, paramedic, and
7370 emergency services;
7371 (e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
7372 (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
7373 (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
7374 person's heart stops or fails to produce a pulse.
7375 (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
7376 (30) "Trauma system" means a single, statewide system that:
7377 (a) organizes and coordinates the delivery of trauma care within defined geographic
7378 areas from the time of injury through transport and rehabilitative care; and
7379 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
7380 delivering care for trauma patients, regardless of severity.
7381 (31) "Triage" means the sorting of patients in terms of disposition, destination, or
7382 priority. For prehospital trauma victims, triage requires a determination of injury severity to
7383 assess the appropriate level of care according to established patient care protocols.
7384 (32) "Triage, treatment, transportation, and transfer guidelines" means written
7385 procedures that:
7386 (a) direct the care of patients; and
7387 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
7388 center, or an emergency medical service provider.
7389 (33) "Type of service" means the category at which an ambulance provider is licensed
7390 as:
7391 (a) ground ambulance transport;
7392 (b) ground ambulance interfacility transport; or
7393 (c) both ground ambulance transport and ground ambulance interfacility transport.
7394 Section 96. Section 53-5a-202 is amended to read:
7395 53-5a-202. Definitions.
7396 As used in this part:
7397 (1) (a) "Federal regulation" means a federal executive order, rule, or regulation that
7398 infringes upon, prohibits, restricts, or requires individual licensure for, or registration of, the
7399 purchase, ownership, possession, transfer, or use of a firearm, ammunition, or firearm
7400 accessory.
7401 (b) "Federal regulation" does not include:
7402 (i) a federal firearm statute; or
7403 (ii) a federal executive order, rule, or regulation that is incorporated into the Utah Code
7404 by reference.
7405 (2) "Firearm" means the same as that term is defined in Section 76-10-501.
7406 (3) "Law enforcement officer" means the same as that term is defined in Section
7407 53-13-103.
7408 (4) "Political subdivision" means a city, town, [
7409 district, or water conservancy district.
7410 Section 97. Section 53-7-225 is amended to read:
7411 53-7-225. Times for sale and discharge of fireworks -- Criminal penalty --
7412 Permissible closure of certain areas -- Maps and signage.
7413 (1) Except as provided in Section 53-7-221, this section supersedes any other code
7414 provision regarding the sale or discharge of fireworks.
7415 (2) A person may sell class C common state approved explosives in the state as
7416 follows:
7417 (a) beginning on June 24 and ending on July 25;
7418 (b) beginning on December 29 and ending on December 31; and
7419 (c) two days before and on the Chinese New Year's eve.
7420 (3) A person may not discharge class C common state approved explosives in the state
7421 except as follows:
7422 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
7423 hours are 11 a.m. to midnight:
7424 (i) beginning on July 2 and ending on July 5; and
7425 (ii) beginning on July 22 and ending on July 25;
7426 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
7427 or
7428 (ii) if New Year's eve is on a Sunday and the county[
7429
7430 discharge class C common state approved explosives on that prior Saturday within the
7431 county[
7432 (c) between the hours of 11 a.m. and 11 p.m. on January 1; and
7433 (d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
7434 following day.
7435 (4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
7436 person discharges a class C common state approved explosive:
7437 (a) outside the legal discharge dates and times described in Subsection (3); or
7438 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
7439 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality[
7440
7441 common state approved explosives during the permitted periods described in Subsection (3).
7442 (b) (i) As used in this Subsection (5)(b), "negligent discharge":
7443 (A) means the improper use and discharge of a class C common state approved
7444 explosive; and
7445 (B) does not include the date or location of discharge or the type of explosive used.
7446 (ii) A municipality [
7447 (A) the discharge of class C common state approved explosives in certain areas with
7448 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or
7449 (B) the negligent discharge of class C common state approved explosives.
7450 (iii) A county may prohibit the negligent discharge of class C common state approved
7451 explosives.
7452 (c) The state forester may prohibit the discharge of class C common state approved
7453 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
7454 (6) If a municipal legislative body[
7455
7456 fireworks is prohibited due to a historical hazardous environmental condition under Subsection
7457 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:
7458 (a) create a county-wide map, based on each map the county has received, indicating
7459 each area within the county in which fireworks are prohibited under Subsection
7460 15A-5-202.5(1)(b);
7461 (b) provide the map described in Subsection (6)(a) to:
7462 (i) each retailer that sells fireworks within the county; and
7463 (ii) the state fire marshal; and
7464 (c) publish the map on the county's website.
7465 (7) A retailer that sells fireworks shall display:
7466 (a) a sign that:
7467 (i) is clearly visible to the general public in a prominent location near the point of sale;
7468 (ii) indicates the legal discharge dates and times described in Subsection (3); and
7469 (iii) indicates the criminal charge and fine associated with discharge:
7470 (A) outside the legal dates and times described in Subsection (3); and
7471 (B) within an area in which fireworks are prohibited under Subsection
7472 15A-5-202.5(1)(b); and
7473 (b) the map that the county provides, in accordance with Subsection (6)(b).
7474 Section 98. Section 53B-21-107 is amended to read:
7475 53B-21-107. Investment in bonds by private and public entities -- Approval as
7476 collateral security.
7477 (1) Any bank, savings and loan association, trust, or insurance company organized
7478 under the laws of this state or federal law may invest its capital and surplus in bonds issued
7479 under this chapter.
7480 (2) The officers having charge of a sinking fund or any county, city[
7481 town,[
7482 (3) The bonds shall also be approved as collateral security for the deposit of any public
7483 funds and for the investment of trust funds.
7484 Section 99. Section 56-1-39 (Effective 03/31/24) is amended to read:
7485 56-1-39 (Effective 03/31/24). Assessment for right of way infrastructure
7486 improvements.
7487 (1) As used in this section:
7488 (a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced
7489 costs, and liability avoidance.
7490 (b) "Government entity" means the state or a county, city, town, [
7491
7492 (c) (i) "Railroad" means a rail carrier that is a Class I railroad, as classified by the
7493 federal Surface Transportation Board.
7494 (ii) "Railroad" does not include a rail carrier that is:
7495 (A) exempt from assessment under 49 U.S.C. Sec. 24301; or
7496 (B) owned by a government entity.
7497 (d) (i) "Right of way infrastructure improvement" means construction, reconstruction,
7498 repair, or maintenance of public infrastructure that:
7499 (A) is paid for by a government entity; and
7500 (B) is partially or wholly within a railroad's right of way or crosses over a railroad's
7501 right of way.
7502 (ii) "Right of way infrastructure improvement" includes any component of
7503 construction, reconstruction, repair, or maintenance of public infrastructure, including:
7504 (A) any environmental impact study, environmental mitigation, or environmental
7505 project management; and
7506 (B) any required or requested review by a non-governmental entity.
7507 (e) "Public infrastructure" means any of the following improvements:
7508 (i) a system or line for water, sewer, drainage, electrical, or telecommunications;
7509 (ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
7510 (iii) signage or signaling related to an improvement described in Subsection (1)(e)(i) or
7511 (ii);
7512 (iv) an environmental improvement; or
7513 (v) any other improvement similar to the improvements described in Subsections
7514 (1)(e)(i) through (iv).
7515 (2) A government entity may, to the extent allowed under federal law, assess a railroad
7516 for any portion of the cost of a right of way infrastructure improvement, including any cost
7517 attributable to delay, if:
7518 (a) the government entity determines that the right of way infrastructure improvement
7519 provides a benefit to the railroad;
7520 (b) the amount of the assessment is proportionate to the benefit the railroad receives, as
7521 determined by the government entity; and
7522 (c) the government entity uses the assessment to pay for or as reimbursement for the
7523 cost of the right of way infrastructure improvement and not for the general support of the
7524 government entity.
7525 (3) (a) If two or more government entities have authority under this section to assess a
7526 railroad for the same right of way infrastructure improvement, the Office of Rail Safety created
7527 in Section 72-17-101 shall:
7528 (i) determine the amount of each government entity's assessment in accordance with
7529 Subsection (2);
7530 (ii) assess the railroad for the total of all amounts described in Subsection (3)(a)(i); and
7531 (iii) distribute the collected assessments to each government entity.
7532 (b) The total amount of an assessment under this Subsection (3) may not exceed the
7533 amount described in Subsection (2)(b).
7534 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7535 Department of Transportation may make rules to establish a process for implementing the
7536 provisions of this Subsection (3).
7537 Section 100. Section 59-1-403 is amended to read:
7538 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
7539 (1) As used in this section:
7540 (a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
7541 (i) the commission administers under:
7542 (A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax Act;
7543 (B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
7544 (C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
7545 (D) Section 19-6-805;
7546 (E) Section 63H-1-205; or
7547 (F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
7548 and
7549 (ii) with respect to which the commission distributes the revenue collected from the
7550 tax, fee, or charge to a qualifying jurisdiction.
7551 (b) "Qualifying jurisdiction" means:
7552 (i) a county, city, or town[
7553 (ii) the military installation development authority created in Section 63H-1-201; or
7554 (iii) the Utah Inland Port Authority created in Section 11-58-201.
7555 (2) (a) Any of the following may not divulge or make known in any manner any
7556 information gained by that person from any return filed with the commission:
7557 (i) a tax commissioner;
7558 (ii) an agent, clerk, or other officer or employee of the commission; or
7559 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
7560 town.
7561 (b) An official charged with the custody of a return filed with the commission is not
7562 required to produce the return or evidence of anything contained in the return in any action or
7563 proceeding in any court, except:
7564 (i) in accordance with judicial order;
7565 (ii) on behalf of the commission in any action or proceeding under:
7566 (A) this title; or
7567 (B) other law under which persons are required to file returns with the commission;
7568 (iii) on behalf of the commission in any action or proceeding to which the commission
7569 is a party; or
7570 (iv) on behalf of any party to any action or proceeding under this title if the report or
7571 facts shown by the return are directly involved in the action or proceeding.
7572 (c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
7573 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
7574 pertinent to the action or proceeding.
7575 (3) This section does not prohibit:
7576 (a) a person or that person's duly authorized representative from receiving a copy of
7577 any return or report filed in connection with that person's own tax;
7578 (b) the publication of statistics as long as the statistics are classified to prevent the
7579 identification of particular reports or returns; and
7580 (c) the inspection by the attorney general or other legal representative of the state of the
7581 report or return of any taxpayer:
7582 (i) who brings action to set aside or review a tax based on the report or return;
7583 (ii) against whom an action or proceeding is contemplated or has been instituted under
7584 this title; or
7585 (iii) against whom the state has an unsatisfied money judgment.
7586 (4) (a) Notwithstanding Subsection (2) and for purposes of administration, the
7587 commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
7588 Rulemaking Act, provide for a reciprocal exchange of information with:
7589 (i) the United States Internal Revenue Service; or
7590 (ii) the revenue service of any other state.
7591 (b) Notwithstanding Subsection (2) and for all taxes except individual income tax and
7592 corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
7593 Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
7594 other written statements with the federal government, any other state, any of the political
7595 subdivisions of another state, or any political subdivision of this state, except as limited by
7596 Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
7597 government grant substantially similar privileges to this state.
7598 (c) Notwithstanding Subsection (2) and for all taxes except individual income tax and
7599 corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
7600 Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
7601 identity and other information of taxpayers who have failed to file tax returns or to pay any tax
7602 due.
7603 (d) Notwithstanding Subsection (2), the commission shall provide to the director of the
7604 Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
7605 requested by the director of the Division of Environmental Response and Remediation, any
7606 records, returns, or other information filed with the commission under Chapter 13, Motor and
7607 Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
7608 participation fee.
7609 (e) Notwithstanding Subsection (2), at the request of any person the commission shall
7610 provide that person sales and purchase volume data reported to the commission on a report,
7611 return, or other information filed with the commission under:
7612 (i) Chapter 13, Part 2, Motor Fuel; or
7613 (ii) Chapter 13, Part 4, Aviation Fuel.
7614 (f) Notwithstanding Subsection (2), upon request from a tobacco product manufacturer,
7615 as defined in Section 59-22-202, the commission shall report to the manufacturer:
7616 (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
7617 manufacturer and reported to the commission for the previous calendar year under Section
7618 59-14-407; and
7619 (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
7620 manufacturer for which a tax refund was granted during the previous calendar year under
7621 Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
7622 (g) Notwithstanding Subsection (2), the commission shall notify manufacturers,
7623 distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
7624 from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
7625 (h) Notwithstanding Subsection (2), the commission may:
7626 (i) provide to the Division of Consumer Protection within the Department of
7627 Commerce and the attorney general data:
7628 (A) reported to the commission under Section 59-14-212; or
7629 (B) related to a violation under Section 59-14-211; and
7630 (ii) upon request, provide to any person data reported to the commission under
7631 Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
7632 (i) Notwithstanding Subsection (2), the commission shall, at the request of a committee
7633 of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
7634 Planning and Budget, provide to the committee or office the total amount of revenues collected
7635 by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period
7636 specified by the committee or office.
7637 (j) Notwithstanding Subsection (2), the commission shall make the directory required
7638 by Section 59-14-603 available for public inspection.
7639 (k) Notwithstanding Subsection (2), the commission may share information with
7640 federal, state, or local agencies as provided in Subsection 59-14-606(3).
7641 (l) (i) Notwithstanding Subsection (2), the commission shall provide the Office of
7642 Recovery Services within the Department of Health and Human Services any relevant
7643 information obtained from a return filed under Chapter 10, Individual Income Tax Act,
7644 regarding a taxpayer who has become obligated to the Office of Recovery Services.
7645 (ii) The information described in Subsection (4)(l)(i) may be provided by the Office of
7646 Recovery Services to any other state's child support collection agency involved in enforcing
7647 that support obligation.
7648 (m) (i) Notwithstanding Subsection (2), upon request from the state court
7649 administrator, the commission shall provide to the state court administrator, the name, address,
7650 telephone number, county of residence, and social security number on resident returns filed
7651 under Chapter 10, Individual Income Tax Act.
7652 (ii) The state court administrator may use the information described in Subsection
7653 (4)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
7654 (n) (i) As used in this Subsection (4)(n):
7655 (A) "GO Utah office" means the Governor's Office of Economic Opportunity created in
7656 Section 63N-1a-301.
7657 (B) "Income tax information" means information gained by the commission that is
7658 required to be attached to or included in a return filed with the commission under Chapter 7,
7659 Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
7660 (C) "Other tax information" means information gained by the commission that is
7661 required to be attached to or included in a return filed with the commission except for a return
7662 filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
7663 Income Tax Act.
7664 (D) "Tax information" means income tax information or other tax information.
7665 (ii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
7666 (4)(n)(ii)(B) or (C), the commission shall at the request of the GO Utah office provide to the
7667 GO Utah office all income tax information.
7668 (B) For purposes of a request for income tax information made under Subsection
7669 (4)(n)(ii)(A), the GO Utah office may not request and the commission may not provide to the
7670 GO Utah office a person's address, name, social security number, or taxpayer identification
7671 number.
7672 (C) In providing income tax information to the GO Utah office, the commission shall
7673 in all instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).
7674 (iii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
7675 (4)(n)(iii)(B), the commission shall at the request of the GO Utah office provide to the GO
7676 Utah office other tax information.
7677 (B) Before providing other tax information to the GO Utah office, the commission
7678 shall redact or remove any name, address, social security number, or taxpayer identification
7679 number.
7680 (iv) The GO Utah office may provide tax information received from the commission in
7681 accordance with this Subsection (4)(n) only:
7682 (A) as a fiscal estimate, fiscal note information, or statistical information; and
7683 (B) if the tax information is classified to prevent the identification of a particular
7684 return.
7685 (v) (A) A person may not request tax information from the GO Utah office under Title
7686 63G, Chapter 2, Government Records Access and Management Act, or this section, if the GO
7687 Utah office received the tax information from the commission in accordance with this
7688 Subsection (4)(n).
7689 (B) The GO Utah office may not provide to a person that requests tax information in
7690 accordance with Subsection (4)(n)(v)(A) any tax information other than the tax information the
7691 GO Utah office provides in accordance with Subsection (4)(n)(iv).
7692 (o) Notwithstanding Subsection (2), the commission may provide to the governing
7693 board of the agreement or a taxing official of another state, the District of Columbia, the United
7694 States, or a territory of the United States:
7695 (i) the following relating to an agreement sales and use tax:
7696 (A) information contained in a return filed with the commission;
7697 (B) information contained in a report filed with the commission;
7698 (C) a schedule related to Subsection (4)(o)(i)(A) or (B); or
7699 (D) a document filed with the commission; or
7700 (ii) a report of an audit or investigation made with respect to an agreement sales and
7701 use tax.
7702 (p) Notwithstanding Subsection (2), the commission may provide information
7703 concerning a taxpayer's state income tax return or state income tax withholding information to
7704 the Driver License Division if the Driver License Division:
7705 (i) requests the information; and
7706 (ii) provides the commission with a signed release form from the taxpayer allowing the
7707 Driver License Division access to the information.
7708 (q) Notwithstanding Subsection (2), the commission shall provide to the Utah
7709 Communications Authority, or a division of the Utah Communications Authority, the
7710 information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
7711 63H-7a-502.
7712 (r) Notwithstanding Subsection (2), the commission shall provide to the Utah
7713 Educational Savings Plan information related to a resident or nonresident individual's
7714 contribution to a Utah Educational Savings Plan account as designated on the resident or
7715 nonresident's individual income tax return as provided under Section 59-10-1313.
7716 (s) Notwithstanding Subsection (2), for the purpose of verifying eligibility under
7717 Sections 26B-3-106 and 26B-3-903, the commission shall provide an eligibility worker with
7718 the Department of Health and Human Services or its designee with the adjusted gross income
7719 of an individual if:
7720 (i) an eligibility worker with the Department of Health and Human Services or its
7721 designee requests the information from the commission; and
7722 (ii) the eligibility worker has complied with the identity verification and consent
7723 provisions of Sections 26B-3-106 and 26B-3-903.
7724 (t) Notwithstanding Subsection (2), the commission may provide to a county, as
7725 determined by the commission, information declared on an individual income tax return in
7726 accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
7727 authorized under Section 59-2-103.
7728 (u) Notwithstanding Subsection (2), the commission shall provide a report regarding
7729 any access line provider that is over 90 days delinquent in payment to the commission of
7730 amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
7731 Telecommunications Service Charges, to the board of the Utah Communications Authority
7732 created in Section 63H-7a-201.
7733 (v) Notwithstanding Subsection (2), the commission shall provide the Department of
7734 Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
7735 previous calendar year under Section 59-24-103.5.
7736 (w) Notwithstanding Subsection (2), the commission may, upon request, provide to the
7737 Department of Workforce Services any information received under Chapter 10, Part 4,
7738 Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
7739 (x) Notwithstanding Subsection (2), the commission may provide the Public Service
7740 Commission or the Division of Public Utilities information related to a seller that collects and
7741 remits to the commission a charge described in Subsection 69-2-405(2), including the seller's
7742 identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.
7743 (y) (i) Notwithstanding Subsection (2), the commission shall provide to each qualifying
7744 jurisdiction the collection data necessary to verify the revenue collected by the commission for
7745 a distributed tax, fee, or charge collected within the qualifying jurisdiction.
7746 (ii) In addition to the information provided under Subsection (4)(y)(i), the commission
7747 shall provide a qualifying jurisdiction with copies of returns and other information relating to a
7748 distributed tax, fee, or charge collected within the qualifying jurisdiction.
7749 (iii) (A) To obtain the information described in Subsection (4)(y)(ii), the chief
7750 executive officer or the chief executive officer's designee of the qualifying jurisdiction shall
7751 submit a written request to the commission that states the specific information sought and how
7752 the qualifying jurisdiction intends to use the information.
7753 (B) The information described in Subsection (4)(y)(ii) is available only in official
7754 matters of the qualifying jurisdiction.
7755 (iv) Information that a qualifying jurisdiction receives in response to a request under
7756 this subsection is:
7757 (A) classified as a private record under Title 63G, Chapter 2, Government Records
7758 Access and Management Act; and
7759 (B) subject to the confidentiality requirements of this section.
7760 (z) Notwithstanding Subsection (2), the commission shall provide the Alcoholic
7761 Beverage Services Commission, upon request, with taxpayer status information related to state
7762 tax obligations necessary to comply with the requirements described in Section 32B-1-203.
7763 (aa) Notwithstanding Subsection (2), the commission shall inform the Department of
7764 Workforce Services, as soon as practicable, whether an individual claimed and is entitled to
7765 claim a federal earned income tax credit for the year requested by the Department of Workforce
7766 Services if:
7767 (i) the Department of Workforce Services requests this information; and
7768 (ii) the commission has received the information release described in Section
7769 35A-9-604.
7770 (bb) (i) As used in this Subsection (4)(bb), "unclaimed property administrator" means
7771 the administrator or the administrator's agent, as those terms are defined in Section 67-4a-102.
7772 (ii) (A) Notwithstanding Subsection (2), upon request from the unclaimed property
7773 administrator and to the extent allowed under federal law, the commission shall provide the
7774 unclaimed property administrator the name, address, telephone number, county of residence,
7775 and social security number or federal employer identification number on any return filed under
7776 Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
7777 (B) The unclaimed property administrator may use the information described in
7778 Subsection (4)(aa)(ii)(A) only for the purpose of returning unclaimed property to the property's
7779 owner in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
7780 (iii) The unclaimed property administrator is subject to the confidentiality provisions of
7781 this section with respect to any information the unclaimed property administrator receives
7782 under this Subsection (4)(aa).
7783 (5) (a) Each report and return shall be preserved for at least three years.
7784 (b) After the three-year period provided in Subsection (5)(a) the commission may
7785 destroy a report or return.
7786 (6) (a) Any individual who violates this section is guilty of a class A misdemeanor.
7787 (b) If the individual described in Subsection (6)(a) is an officer or employee of the
7788 state, the individual shall be dismissed from office and be disqualified from holding public
7789 office in this state for a period of five years thereafter.
7790 (c) Notwithstanding Subsection (6)(a) or (b), the GO Utah office, when requesting
7791 information in accordance with Subsection (4)(n)(iii), or an individual who requests
7792 information in accordance with Subsection (4)(n)(v):
7793 (i) is not guilty of a class A misdemeanor; and
7794 (ii) is not subject to:
7795 (A) dismissal from office in accordance with Subsection (6)(b); or
7796 (B) disqualification from holding public office in accordance with Subsection (6)(b).
7797 (d) Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the
7798 Office of the Legislative Auditor General in accordance with Title 36, Chapter 12, Legislative
7799 Organization, an individual described in Subsection (2):
7800 (i) is not guilty of a class A misdemeanor; and
7801 (ii) is not subject to:
7802 (A) dismissal from office in accordance with Subsection (6)(b); or
7803 (B) disqualification from holding public office in accordance with Subsection (6)(b).
7804 (7) Except as provided in Section 59-1-404, this part does not apply to the property tax.
7805 Section 101. Section 59-12-203 is amended to read:
7806 59-12-203. County, city, or town may levy tax -- Contracts pursuant to Interlocal
7807 Cooperation Act.
7808 (1) As used in this section, "converted municipality" means the same as that term is
7809 defined in Section 10-1-201.5.
7810 (2) A county, city, or town[
7811 this part.
7812 [
7813
7814 [
7815
7816
7817 [
7818 converted municipality imposes a tax under this part, the State Tax Commission shall distribute
7819 the amount that the State Tax Commission calculates under Section 59-12-205 to the [
7820
7821 (b) The State Tax Commission shall transfer the amount that would otherwise be
7822 distributed to a [
7823 district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act, if the
7824 [
7825 (i) provides written notice to the State Tax Commission requesting the transfer; and
7826 (ii) designates the municipal services district to which the [
7827 municipality requests the State Tax Commission to transfer the revenues.
7828 [
7829 under this part may:
7830 (a) enter into agreements authorized by Title 11, Chapter 13, Interlocal Cooperation
7831 Act; and
7832 (b) use any or all of the revenue collected from the tax for the mutual benefit of local
7833 governments that elect to contract with one another pursuant to Title 11, Chapter 13, Interlocal
7834 Cooperation Act.
7835 Section 102. Section 59-12-2220 is amended to read:
7836 59-12-2220. County option sales and use tax to fund highways or a system for
7837 public transit -- Base -- Rate.
7838 (1) Subject to the other provisions of this part and subject to the requirements of this
7839 section, the following counties may impose a sales and use tax under this section:
7840 (a) a county legislative body may impose the sales and use tax on the transactions
7841 described in Subsection 59-12-103(1) located within the county, including the cities and towns
7842 within the county if:
7843 (i) the entire boundary of a county is annexed into a large public transit district; and
7844 (ii) the maximum amount of sales and use tax authorizations allowed pursuant to
7845 Section 59-12-2203 and authorized under the following sections has been imposed:
7846 (A) Section 59-12-2213;
7847 (B) Section 59-12-2214;
7848 (C) Section 59-12-2215;
7849 (D) Section 59-12-2216;
7850 (E) Section 59-12-2217;
7851 (F) Section 59-12-2218; and
7852 (G) Section 59-12-2219;
7853 (b) if the county is not annexed into a large public transit district, the county legislative
7854 body may impose the sales and use tax on the transactions described in Subsection
7855 59-12-103(1) located within the county, including the cities and towns within the county if:
7856 (i) the county is an eligible political subdivision; or
7857 (ii) a city or town within the boundary of the county is an eligible political subdivision;
7858 or
7859 (c) a county legislative body of a county not described in Subsection (1)(a) may impose
7860 the sales and use tax on the transactions described in Subsection 59-12-103(1) located within
7861 the county, including the cities and towns within the county.
7862 (2) For purposes of Subsection (1) and subject to the other provisions of this section, a
7863 county legislative body that imposes a sales and use tax under this section may impose the tax
7864 at a rate of .2%.
7865 (3) (a) The commission shall distribute sales and use tax revenue collected under this
7866 section as determined by a county legislative body as described in Subsection (3)(b).
7867 (b) If a county legislative body imposes a sales and use tax as described in this section,
7868 the county legislative body may elect to impose a sales and use tax revenue distribution as
7869 described in Subsection (4), (5), (6), or (7), depending on the class of county, and presence and
7870 type of a public transit provider in the county.
7871 (4) If a county legislative body imposes a sales and use tax as described in this section,
7872 and the entire boundary of the county is annexed into a large public transit district, and the
7873 county is a county of the first class, the commission shall distribute the sales and use tax
7874 revenue as follows:
7875 (a) .10% to a public transit district as described in Subsection (11);
7876 (b) .05% to the cities and towns as provided in Subsection (8); and
7877 (c) .05% to the county legislative body.
7878 (5) If a county legislative body imposes a sales and use tax as described in this section
7879 and the entire boundary of the county is annexed into a large public transit district, and the
7880 county is a county not described in Subsection (4), the commission shall distribute the sales
7881 and use tax revenue as follows:
7882 (a) .10% to a public transit district as described in Subsection (11);
7883 (b) .05% to the cities and towns as provided in Subsection (8); and
7884 (c) .05% to the county legislative body.
7885 (6) (a) Except as provided in Subsection (12)(c), if the entire boundary of a county that
7886 imposes a sales and use tax as described in this section is not annexed into a single public
7887 transit district, but a city or town within the county is annexed into a single public transit
7888 district, or if the city or town is an eligible political subdivision, the commission shall distribute
7889 the sales and use tax revenue collected within the county as provided in Subsection (6)(b) or
7890 (c).
7891 (b) For a city, town, or portion of the county described in Subsection (6)(a) that is
7892 annexed into the single public transit district, or an eligible political subdivision, the
7893 commission shall distribute the sales and use tax revenue collected within the portion of the
7894 county that is within a public transit district or eligible political subdivision as follows:
7895 (i) .05% to a public transit provider as described in Subsection (11);
7896 (ii) .075% to the cities and towns as provided in Subsection (8); and
7897 (iii) .075% to the county legislative body.
7898 (c) Except as provided in Subsection (12)(c), for a city, town, or portion of the county
7899 described in Subsection (6)(a) that is not annexed into a single public transit district or eligible
7900 political subdivision in the county, the commission shall distribute the sales and use tax
7901 revenue collected within that portion of the county as follows:
7902 (i) .08% to the cities and towns as provided in Subsection (8); and
7903 (ii) .12% to the county legislative body.
7904 (7) For a county without a public transit service that imposes a sales and use tax as
7905 described in this section, the commission shall distribute the sales and use tax revenue
7906 collected within the county as follows:
7907 (a) .08% to the cities and towns as provided in Subsection (8); and
7908 (b) .12% to the county legislative body.
7909 (8) (a) Subject to Subsections (8)(b) and (c), the commission shall make the
7910 distributions required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
7911 (i) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
7912 (6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) through (7)
7913 shall be distributed to the unincorporated areas, cities, and towns within those counties on the
7914 basis of the percentage that the population of each unincorporated area, city, or town bears to
7915 the total population of all of the counties that impose a tax under this section; and
7916 (ii) 50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii),
7917 (6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) through (7)
7918 shall be distributed to the unincorporated areas, cities, and towns within those counties on the
7919 basis of the location of the transaction as determined under Sections 59-12-211 through
7920 59-12-215.
7921 (b) (i) Population for purposes of this Subsection (8) shall be determined on the basis
7922 of the most recent official census or census estimate of the United States Census Bureau.
7923 (ii) If a needed population estimate is not available from the United States Census
7924 Bureau, population figures shall be derived from an estimate from the Utah Population
7925 Estimates Committee created by executive order of the governor.
7926 (c) (i) Beginning on January 1, 2024, if the Housing and Community Development
7927 Division within the Department of Workforce Services determines that a city[
7928
7929 the first day of the calendar quarter after receiving 90 days' notice, the commission shall
7930 distribute the distribution that city[
7931 Subsection (8)(a) to cities[
7932 does not apply.
7933 (ii) Beginning on January 1, 2024, if the Housing and Community Development
7934 Division within the Department of Workforce Services determines that a county is ineligible
7935 for funds in accordance with Subsection 17-27a-408(7), beginning the first day of the calendar
7936 quarter after receiving 90 days' notice, the commission shall distribute the distribution that
7937 county would have received under Subsection (8)(a) to counties to which Subsection
7938 17-27a-408(7) does not apply.
7939 (9) If a public transit service is organized after the date a county legislative body first
7940 imposes a tax under this section, a change in a distribution required by this section may not
7941 take effect until the first distribution the commission makes under this section after a 90-day
7942 period that begins on the date the commission receives written notice from the public transit
7943 provider that the public transit service has been organized.
7944 (10) A county, city, or town that received distributions described in Subsections (4)(b),
7945 (4)(c), (5)(b), (5)(c), (6)(b)(ii), (6)(b)(iii), (6)(c), and (7) may only expend those funds for a
7946 purpose described in Section 59-12-2212.2.
7947 (11) (a) Subject to Subsections (11)(b), (c), and (d), revenue designated for public
7948 transit as described in this section may be used for capital expenses and service delivery
7949 expenses of:
7950 (i) a public transit district;
7951 (ii) an eligible political subdivision; or
7952 (iii) another entity providing a service for public transit or a transit facility within the
7953 relevant county, as those terms are defined in Section 17B-2a-802.
7954 (b) (i) If a county of the first class imposes a sales and use tax described in this section,
7955 for a three-year period following the date on which the county imposes the sales and use tax
7956 under this section, revenue designated for public transit within a county of the first class as
7957 described in Subsection (4)(a) shall be transferred to the County of the First Class Highway
7958 Projects Fund created in Section 72-2-121.
7959 (ii) If a county of the first class imposes a sales and use tax described in this section,
7960 beginning on the day three years after the date on which the county imposed the tax as
7961 described in Subsection (11)(b)(i), for revenue designated for public transit as described in
7962 Subsection (4)(a):
7963 (A) 50% of the revenue from a sales and use tax imposed under this section in a county
7964 of the first class shall be transferred to the County of the First Class Highway Projects Fund
7965 created in Section 72-2-121; and
7966 (B) 50% of the revenue from a sales and use tax imposed under this section in a county
7967 of the first class shall be transferred to the Transit Transportation Investment Fund created in
7968 Subsection 72-2-124(9).
7969 (c) (i) If a county that is not a county of the first class for which the entire boundary of
7970 the county is annexed into a large public transit district imposes a sales and use tax described in
7971 this section, for a three-year period following the date on which the county imposes the sales
7972 and use tax under this section, revenue designated for public transit as described in Subsection
7973 (5)(a) shall be transferred to the relevant county legislative body to be used for a purpose
7974 described in Subsection (11)(a).
7975 (ii) If a county that is not a county of the first class for which the entire boundary of the
7976 county is annexed into a large public transit district imposes a sales and use tax described in
7977 this section, beginning on the day three years after the date on which the county imposed the
7978 tax as described in Subsection (11)(c)(i), for the revenue that is designated for public transit in
7979 Subsection (5)(a):
7980 (A) 50% shall be transferred to the Transit Transportation Investment Fund created in
7981 Subsection 72-2-124(9); and
7982 (B) 50% shall be transferred to the relevant county legislative body to be used for a
7983 purpose described in Subsection (11)(a).
7984 (d) Except as provided in Subsection (12)(c), for a county that imposes a sales and use
7985 tax under this section, for revenue designated for public transit as described in Subsection
7986 (6)(b)(i), the revenue shall be transferred to the relevant county legislative body to be used for a
7987 purpose described in Subsection (11)(a).
7988 (12) (a) Notwithstanding Section 59-12-2208, a county legislative body may, but is not
7989 required to, submit an opinion question to the county's registered voters in accordance with
7990 Section 59-12-2208 to impose a sales and use tax under this section.
7991 (b) If a county passes an ordinance to impose a sales and use tax as described in this
7992 section, the sales and use tax shall take effect on the first day of the calendar quarter after a
7993 90-day period that begins on the date the commission receives written notice from the county
7994 of the passage of the ordinance.
7995 (c) A county that imposed the local option sales and use tax described in this section
7996 before January 1, 2023, may maintain that county's distribution allocation in place as of
7997 January 1, 2023.
7998 (13) (a) Revenue collected from a sales and use tax under this section may not be used
7999 to supplant existing General Fund appropriations that a county, city, or town budgeted for
8000 transportation or public transit as of the date the tax becomes effective for a county, city, or
8001 town.
8002 (b) The limitation under Subsection (13)(a) does not apply to a designated
8003 transportation or public transit capital or reserve account a county, city, or town established
8004 before the date the tax becomes effective.
8005 Section 103. Section 63A-5b-901 is amended to read:
8006 63A-5b-901. Definitions.
8007 As used in this part:
8008 (1) "Applicant" means a person who submits a timely, qualified proposal to the
8009 division.
8010 (2) "Condemnee" means the same as that term is defined in Section 78B-6-520.3.
8011 (3) "Division-owned property" means real property, including an interest in real
8012 property, to which the division holds title, regardless of who occupies or uses the real property.
8013 (4) "Local government entity" means a county, city, town[
8014 district, special service district, community development and renewal agency, conservation
8015 district, school district, or other political subdivision of the state.
8016 (5) "Primary state agency" means a state agency for which the division holds title to
8017 real property that the state agency occupies or uses, as provided in Subsection
8018 63A-5b-303(1)(a)(iv).
8019 (6) "Private party" means a person who is not a state agency, local government entity,
8020 or public purpose nonprofit entity.
8021 (7) "Public purpose nonprofit entity" means a corporation, association, organization, or
8022 entity that:
8023 (a) is located within the state;
8024 (b) is not a state agency or local government entity;
8025 (c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
8026 Code; and
8027 (d) operates to fulfill a public purpose.
8028 (8) "Qualified proposal" means a written proposal that:
8029 (a) meets the criteria established by the division by rule under Section 63A-5b-903;
8030 (b) if submitted by a local government entity or public purpose nonprofit entity,
8031 explains the public purpose for which the local government entity or public purpose nonprofit
8032 entity seeks a transfer of ownership or lease of the vacant division-owned property; and
8033 (c) the director determines will, if accepted and implemented, provide a material
8034 benefit to the state.
8035 (9) "Secondary state agency" means a state agency:
8036 (a) that is authorized to hold title to real property that the state agency occupies or uses,
8037 as provided in Section 63A-5b-304; and
8038 (b) for which the division does not hold title to real property that the state agency
8039 occupies or uses.
8040 (10) "State agency" means a department, division, office, entity, agency, or other unit
8041 of state government.
8042 (11) "Transfer of ownership" includes a transfer of the ownership of vacant
8043 division-owned property that occurs as part of an exchange of the vacant division-owned
8044 property for another property.
8045 (12) "Vacant division-owned property" means division-owned property that:
8046 (a) a primary state agency is not occupying or using; and
8047 (b) the director has determined should be made available for:
8048 (i) use or occupancy by a primary state agency; or
8049 (ii) a transfer of ownership or lease to a secondary state agency, local government
8050 entity, public purpose nonprofit entity, or private party.
8051 (13) "Written proposal" means a brief statement in writing that explains:
8052 (a) the proposed use or occupancy, transfer of ownership, or lease of vacant
8053 division-owned property; and
8054 (b) how the state will benefit from the proposed use or occupancy, transfer of
8055 ownership, or lease.
8056 Section 104. Section 63G-6a-103 is amended to read:
8057 63G-6a-103. Definitions.
8058 As used in this chapter:
8059 (1) "Approved vendor" means a person who has been approved for inclusion on an
8060 approved vendor list through the approved vendor list process.
8061 (2) "Approved vendor list" means a list of approved vendors established under Section
8062 63G-6a-507.
8063 (3) "Approved vendor list process" means the procurement process described in
8064 Section 63G-6a-507.
8065 (4) "Bidder" means a person who submits a bid or price quote in response to an
8066 invitation for bids.
8067 (5) "Bidding process" means the procurement process described in Part 6, Bidding.
8068 (6) "Board" means the Utah State Procurement Policy Board, created in Section
8069 63G-6a-202.
8070 (7) "Change directive" means a written order signed by the procurement officer that
8071 directs the contractor to suspend work or make changes, as authorized by contract, without the
8072 consent of the contractor.
8073 (8) "Change order" means a written alteration in specifications, delivery point, rate of
8074 delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
8075 agreement of the parties to the contract.
8076 (9) "Chief procurement officer" means the individual appointed under Section
8077 63A-2-102.
8078 (10) "Conducting procurement unit" means a procurement unit that conducts all
8079 aspects of a procurement:
8080 (a) except:
8081 (i) reviewing a solicitation to verify that it is in proper form; and
8082 (ii) causing the publication of a notice of a solicitation; and
8083 (b) including:
8084 (i) preparing any solicitation document;
8085 (ii) appointing an evaluation committee;
8086 (iii) conducting the evaluation process, except the process relating to scores calculated
8087 for costs of proposals;
8088 (iv) selecting and recommending the person to be awarded a contract;
8089 (v) negotiating the terms and conditions of a contract, subject to the issuing
8090 procurement unit's approval; and
8091 (vi) contract administration.
8092 (11) "Conservation district" means the same as that term is defined in Section
8093 17D-3-102.
8094 (12) "Construction project":
8095 (a) means a project for the construction, renovation, alteration, improvement, or repair
8096 of a public facility on real property, including all services, labor, supplies, and materials for the
8097 project; and
8098 (b) does not include services and supplies for the routine, day-to-day operation, repair,
8099 or maintenance of an existing public facility.
8100 (13) "Construction manager/general contractor":
8101 (a) means a contractor who enters into a contract:
8102 (i) for the management of a construction project; and
8103 (ii) that allows the contractor to subcontract for additional labor and materials that are
8104 not included in the contractor's cost proposal submitted at the time of the procurement of the
8105 contractor's services; and
8106 (b) does not include a contractor whose only subcontract work not included in the
8107 contractor's cost proposal submitted as part of the procurement of the contractor's services is to
8108 meet subcontracted portions of change orders approved within the scope of the project.
8109 (14) "Construction subcontractor":
8110 (a) means a person under contract with a contractor or another subcontractor to provide
8111 services or labor for the design or construction of a construction project;
8112 (b) includes a general contractor or specialty contractor licensed or exempt from
8113 licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
8114 (c) does not include a supplier who provides only materials, equipment, or supplies to a
8115 contractor or subcontractor for a construction project.
8116 (15) "Contract" means an agreement for a procurement.
8117 (16) "Contract administration" means all functions, duties, and responsibilities
8118 associated with managing, overseeing, and carrying out a contract between a procurement unit
8119 and a contractor, including:
8120 (a) implementing the contract;
8121 (b) ensuring compliance with the contract terms and conditions by the conducting
8122 procurement unit and the contractor;
8123 (c) executing change orders;
8124 (d) processing contract amendments;
8125 (e) resolving, to the extent practicable, contract disputes;
8126 (f) curing contract errors and deficiencies;
8127 (g) terminating a contract;
8128 (h) measuring or evaluating completed work and contractor performance;
8129 (i) computing payments under the contract; and
8130 (j) closing out a contract.
8131 (17) "Contractor" means a person who is awarded a contract with a procurement unit.
8132 (18) "Cooperative procurement" means procurement conducted by, or on behalf of:
8133 (a) more than one procurement unit; or
8134 (b) a procurement unit and a cooperative purchasing organization.
8135 (19) "Cooperative purchasing organization" means an organization, association, or
8136 alliance of purchasers established to combine purchasing power in order to obtain the best
8137 value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
8138 (20) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
8139 contractor is paid a percentage of the total actual expenses or costs in addition to the
8140 contractor's actual expenses or costs.
8141 (21) "Cost-reimbursement contract" means a contract under which a contractor is
8142 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
8143 the provisions of this chapter, and a fee, if any.
8144 (22) "Days" means calendar days, unless expressly provided otherwise.
8145 (23) "Definite quantity contract" means a fixed price contract that provides for a
8146 specified amount of supplies over a specified period, with deliveries scheduled according to a
8147 specified schedule.
8148 (24) "Design professional" means:
8149 (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
8150 Licensing Act;
8151 (b) an individual licensed as a professional engineer or professional land surveyor
8152 under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
8153 Act; or
8154 (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
8155 State Certification of Commercial Interior Designers Act.
8156 (25) "Design professional procurement process" means the procurement process
8157 described in Part 15, Design Professional Services.
8158 (26) "Design professional services" means:
8159 (a) professional services within the scope of the practice of architecture as defined in
8160 Section 58-3a-102;
8161 (b) professional engineering as defined in Section 58-22-102;
8162 (c) master planning and programming services; or
8163 (d) services within the scope of the practice of commercial interior design, as defined
8164 in Section 58-86-102.
8165 (27) "Design-build" means the procurement of design professional services and
8166 construction by the use of a single contract.
8167 (28) "Division" means the Division of Purchasing and General Services, created in
8168 Section 63A-2-101.
8169 (29) "Educational procurement unit" means:
8170 (a) a school district;
8171 (b) a public school, including a local school board or a charter school;
8172 (c) the Utah Schools for the Deaf and the Blind;
8173 (d) the Utah Education and Telehealth Network;
8174 (e) an institution of higher education of the state described in Section 53B-1-102; or
8175 (f) the State Board of Education.
8176 (30) "Established catalogue price" means the price included in a catalogue, price list,
8177 schedule, or other form that:
8178 (a) is regularly maintained by a manufacturer or contractor;
8179 (b) is published or otherwise available for inspection by customers; and
8180 (c) states prices at which sales are currently or were last made to a significant number
8181 of any category of buyers or buyers constituting the general buying public for the supplies or
8182 services involved.
8183 (31) (a) "Executive branch procurement unit" means a department, division, office,
8184 bureau, agency, or other organization within the state executive branch.
8185 (b) "Executive branch procurement unit" does not include the Colorado River
8186 Authority of Utah as provided in Section 63M-14-210.
8187 (32) "Facilities division" means the Division of Facilities Construction and
8188 Management, created in Section 63A-5b-301.
8189 (33) "Fixed price contract" means a contract that provides a price, for each
8190 procurement item obtained under the contract, that is not subject to adjustment except to the
8191 extent that:
8192 (a) the contract provides, under circumstances specified in the contract, for an
8193 adjustment in price that is not based on cost to the contractor; or
8194 (b) an adjustment is required by law.
8195 (34) "Fixed price contract with price adjustment" means a fixed price contract that
8196 provides for an upward or downward revision of price, precisely described in the contract, that:
8197 (a) is based on the consumer price index or another commercially acceptable index,
8198 source, or formula; and
8199 (b) is not based on a percentage of the cost to the contractor.
8200 (35) "Grant" means an expenditure of public funds or other assistance, or an agreement
8201 to expend public funds or other assistance, for a public purpose authorized by law, without
8202 acquiring a procurement item in exchange.
8203 (36) "Immaterial error":
8204 (a) means an irregularity or abnormality that is:
8205 (i) a matter of form that does not affect substance; or
8206 (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
8207 or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
8208 (b) includes:
8209 (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
8210 professional license, bond, or insurance certificate;
8211 (ii) a typographical error;
8212 (iii) an error resulting from an inaccuracy or omission in the solicitation; and
8213 (iv) any other error that the procurement official reasonably considers to be immaterial.
8214 (37) "Indefinite quantity contract" means a fixed price contract that:
8215 (a) is for an indefinite amount of procurement items to be supplied as ordered by a
8216 procurement unit; and
8217 (b) (i) does not require a minimum purchase amount; or
8218 (ii) provides a maximum purchase limit.
8219 (38) "Independent procurement unit" means:
8220 (a) (i) a legislative procurement unit;
8221 (ii) a judicial branch procurement unit;
8222 (iii) an educational procurement unit;
8223 (iv) a local government procurement unit;
8224 (v) a conservation district;
8225 (vi) a local building authority;
8226 (vii) a special district;
8227 (viii) a public corporation;
8228 (ix) a special service district; or
8229 (x) the Utah Communications Authority, established in Section 63H-7a-201;
8230 (b) the facilities division, but only to the extent of the procurement authority provided
8231 under Title 63A, Chapter 5b, Administration of State Facilities;
8232 (c) the attorney general, but only to the extent of the procurement authority provided
8233 under Title 67, Chapter 5, Attorney General;
8234 (d) the Department of Transportation, but only to the extent of the procurement
8235 authority provided under Title 72, Transportation Code; or
8236 (e) any other executive branch department, division, office, or entity that has statutory
8237 procurement authority outside this chapter, but only to the extent of that statutory procurement
8238 authority.
8239 (39) "Invitation for bids":
8240 (a) means a document used to solicit:
8241 (i) bids to provide a procurement item to a procurement unit; or
8242 (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
8243 (b) includes all documents attached to or incorporated by reference in a document
8244 described in Subsection (39)(a).
8245 (40) "Issuing procurement unit" means a procurement unit that:
8246 (a) reviews a solicitation to verify that it is in proper form;
8247 (b) causes the notice of a solicitation to be published; and
8248 (c) negotiates and approves the terms and conditions of a contract.
8249 (41) "Judicial procurement unit" means:
8250 (a) the Utah Supreme Court;
8251 (b) the Utah Court of Appeals;
8252 (c) the Judicial Council;
8253 (d) a state judicial district; or
8254 (e) an office, committee, subcommittee, or other organization within the state judicial
8255 branch.
8256 (42) "Labor hour contract" is a contract under which:
8257 (a) the supplies and materials are not provided by, or through, the contractor; and
8258 (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
8259 profit for a specified number of labor hours or days.
8260 (43) "Legislative procurement unit" means:
8261 (a) the Legislature;
8262 (b) the Senate;
8263 (c) the House of Representatives;
8264 (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
8265 (e) a committee, subcommittee, commission, or other organization:
8266 (i) within the state legislative branch; or
8267 (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
8268 (B) the membership of which includes legislators; and
8269 (C) for which the Office of Legislative Research and General Counsel provides staff
8270 support.
8271 (44) "Local building authority" means the same as that term is defined in Section
8272 17D-2-102.
8273 (45) "Local government procurement unit" means:
8274 (a) a county, municipality, or project entity, and each office of the county, municipality,
8275 or project entity, unless:
8276 (i) the county or municipality adopts a procurement code by ordinance; or
8277 (ii) the project entity adopts a procurement code through the process described in
8278 Section 11-13-316;
8279 (b) (i) a county or municipality that has adopted this entire chapter by ordinance, and
8280 each office or agency of that county or municipality; and
8281 (ii) a project entity that has adopted this entire chapter through the process described in
8282 Subsection 11-13-316; or
8283 (c) a county, municipality, or project entity, and each office of the county, municipality,
8284 or project entity that has adopted a portion of this chapter to the extent that:
8285 (i) a term in the ordinance is used in the adopted chapter; or
8286 (ii) a term in the ordinance is used in the language a project entity adopts in its
8287 procurement code through the process described in Section 11-13-316.
8288 (46) "Multiple award contracts" means the award of a contract for an indefinite
8289 quantity of a procurement item to more than one person.
8290 (47) "Multiyear contract" means a contract that extends beyond a one-year period,
8291 including a contract that permits renewal of the contract, without competition, beyond the first
8292 year of the contract.
8293 (48) "Municipality" means a city[
8294 (49) "Nonadopting local government procurement unit" means:
8295 (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
8296 Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
8297 General Provisions Related to Protest or Appeal; and
8298 (b) each office or agency of a county or municipality described in Subsection (49)(a).
8299 (50) "Offeror" means a person who submits a proposal in response to a request for
8300 proposals.
8301 (51) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
8302 under the requirements of this chapter.
8303 (52) "Procure" means to acquire a procurement item through a procurement.
8304 (53) "Procurement" means the acquisition of a procurement item through an
8305 expenditure of public funds, or an agreement to expend public funds, including an acquisition
8306 through a public-private partnership.
8307 (54) "Procurement item" means an item of personal property, a technology, a service,
8308 or a construction project.
8309 (55) "Procurement official" means:
8310 (a) for a procurement unit other than an independent procurement unit, the chief
8311 procurement officer;
8312 (b) for a legislative procurement unit, the individual, individuals, or body designated in
8313 a policy adopted by the Legislative Management Committee;
8314 (c) for a judicial procurement unit, the Judicial Council or an individual or body
8315 designated by the Judicial Council by rule;
8316 (d) for a local government procurement unit:
8317 (i) the legislative body of the local government procurement unit; or
8318 (ii) an individual or body designated by the local government procurement unit;
8319 (e) for a special district, the board of trustees of the special district or the board of
8320 trustees' designee;
8321 (f) for a special service district, the governing body of the special service district or the
8322 governing body's designee;
8323 (g) for a local building authority, the board of directors of the local building authority
8324 or the board of directors' designee;
8325 (h) for a conservation district, the board of supervisors of the conservation district or
8326 the board of supervisors' designee;
8327 (i) for a public corporation, the board of directors of the public corporation or the board
8328 of directors' designee;
8329 (j) for a school district or any school or entity within a school district, the board of the
8330 school district or the board's designee;
8331 (k) for a charter school, the individual or body with executive authority over the charter
8332 school or the designee of the individual or body;
8333 (l) for an institution of higher education described in Section 53B-2-101, the president
8334 of the institution of higher education or the president's designee;
8335 (m) for the State Board of Education, the State Board of Education or the State Board
8336 of Education's designee;
8337 (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
8338 the designee of the Commissioner of Higher Education;
8339 (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
8340 executive director of the Utah Communications Authority or the executive director's designee;
8341 or
8342 (p) (i) for the facilities division, and only to the extent of procurement activities of the
8343 facilities division as an independent procurement unit under the procurement authority
8344 provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
8345 facilities division or the director's designee;
8346 (ii) for the attorney general, and only to the extent of procurement activities of the
8347 attorney general as an independent procurement unit under the procurement authority provided
8348 under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
8349 designee;
8350 (iii) for the Department of Transportation created in Section 72-1-201, and only to the
8351 extent of procurement activities of the Department of Transportation as an independent
8352 procurement unit under the procurement authority provided under Title 72, Transportation
8353 Code, the executive director of the Department of Transportation or the executive director's
8354 designee; or
8355 (iv) for any other executive branch department, division, office, or entity that has
8356 statutory procurement authority outside this chapter, and only to the extent of the procurement
8357 activities of the department, division, office, or entity as an independent procurement unit
8358 under the procurement authority provided outside this chapter for the department, division,
8359 office, or entity, the chief executive officer of the department, division, office, or entity or the
8360 chief executive officer's designee.
8361 (56) "Procurement unit":
8362 (a) means:
8363 (i) a legislative procurement unit;
8364 (ii) an executive branch procurement unit;
8365 (iii) a judicial procurement unit;
8366 (iv) an educational procurement unit;
8367 (v) the Utah Communications Authority, established in Section 63H-7a-201;
8368 (vi) a local government procurement unit;
8369 (vii) a special district;
8370 (viii) a special service district;
8371 (ix) a local building authority;
8372 (x) a conservation district; and
8373 (xi) a public corporation; and
8374 (b) except for a project entity, to the extent that a project entity is subject to this chapter
8375 as described in Section 11-13-316, does not include a political subdivision created under Title
8376 11, Chapter 13, Interlocal Cooperation Act.
8377 (57) "Professional service" means labor, effort, or work that requires specialized
8378 knowledge, expertise, and discretion, including labor, effort, or work in the field of:
8379 (a) accounting;
8380 (b) administrative law judge service;
8381 (c) architecture;
8382 (d) construction design and management;
8383 (e) engineering;
8384 (f) financial services;
8385 (g) information technology;
8386 (h) the law;
8387 (i) medicine;
8388 (j) psychiatry; or
8389 (k) underwriting.
8390 (58) "Protest officer" means:
8391 (a) for the division or an independent procurement unit:
8392 (i) the procurement official;
8393 (ii) the procurement official's designee who is an employee of the procurement unit; or
8394 (iii) a person designated by rule made by the rulemaking authority; or
8395 (b) for a procurement unit other than an independent procurement unit, the chief
8396 procurement officer or the chief procurement officer's designee who is an employee of the
8397 division .
8398 (59) "Public corporation" means the same as that term is defined in Section 63E-1-102.
8399 (60) "Project entity" means the same as that term is defined in Section 11-13-103.
8400 (61) "Public entity" means the state or any other government entity within the state that
8401 expends public funds.
8402 (62) "Public facility" means a building, structure, infrastructure, improvement, or other
8403 facility of a public entity.
8404 (63) "Public funds" means money, regardless of its source, including from the federal
8405 government, that is owned or held by a procurement unit.
8406 (64) "Public transit district" means a public transit district organized under Title 17B,
8407 Chapter 2a, Part 8, Public Transit District Act.
8408 (65) "Public-private partnership" means an arrangement or agreement, occurring on or
8409 after January 1, 2017, between a procurement unit and one or more contractors to provide for a
8410 public need through the development or operation of a project in which the contractor or
8411 contractors share with the procurement unit the responsibility or risk of developing, owning,
8412 maintaining, financing, or operating the project.
8413 (66) "Qualified vendor" means a vendor who:
8414 (a) is responsible; and
8415 (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
8416 meets the minimum mandatory requirements, evaluation criteria, and any applicable score
8417 thresholds set forth in the request for statement of qualifications.
8418 (67) "Real property" means land and any building, fixture, improvement, appurtenance,
8419 structure, or other development that is permanently affixed to land.
8420 (68) "Request for information" means a nonbinding process through which a
8421 procurement unit requests information relating to a procurement item.
8422 (69) "Request for proposals" means a document used to solicit proposals to provide a
8423 procurement item to a procurement unit, including all other documents that are attached to that
8424 document or incorporated in that document by reference.
8425 (70) "Request for proposals process" means the procurement process described in Part
8426 7, Request for Proposals.
8427 (71) "Request for statement of qualifications" means a document used to solicit
8428 information about the qualifications of a person interested in responding to a potential
8429 procurement, including all other documents attached to that document or incorporated in that
8430 document by reference.
8431 (72) "Requirements contract" means a contract:
8432 (a) under which a contractor agrees to provide a procurement unit's entire requirements
8433 for certain procurement items at prices specified in the contract during the contract period; and
8434 (b) that:
8435 (i) does not require a minimum purchase amount; or
8436 (ii) provides a maximum purchase limit.
8437 (73) "Responsible" means being capable, in all respects, of:
8438 (a) meeting all the requirements of a solicitation; and
8439 (b) fully performing all the requirements of the contract resulting from the solicitation,
8440 including being financially solvent with sufficient financial resources to perform the contract.
8441 (74) "Responsive" means conforming in all material respects to the requirements of a
8442 solicitation.
8443 (75) "Rule" includes a policy or regulation adopted by the rulemaking authority, if
8444 adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions
8445 that govern the applicable procurement unit.
8446 (76) "Rulemaking authority" means:
8447 (a) for a legislative procurement unit, the Legislative Management Committee;
8448 (b) for a judicial procurement unit, the Judicial Council;
8449 (c) (i) only to the extent of the procurement authority expressly granted to the
8450 procurement unit by statute:
8451 (A) for the facilities division, the facilities division;
8452 (B) for the Office of the Attorney General, the attorney general;
8453 (C) for the Department of Transportation created in Section 72-1-201, the executive
8454 director of the Department of Transportation; and
8455 (D) for any other executive branch department, division, office, or entity that has
8456 statutory procurement authority outside this chapter, the governing authority of the department,
8457 division, office, or entity; and
8458 (ii) for each other executive branch procurement unit, the board;
8459 (d) for a local government procurement unit:
8460 (i) the governing body of the local government unit; or
8461 (ii) an individual or body designated by the local government procurement unit;
8462 (e) for a school district or a public school, the board, except to the extent of a school
8463 district's own nonadministrative rules that do not conflict with the provisions of this chapter;
8464 (f) for a state institution of higher education, the Utah Board of Higher Education;
8465 (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
8466 State Board of Education;
8467 (h) for a public transit district, the chief executive of the public transit district;
8468 (i) for a special district other than a public transit district or for a special service
8469 district, the board, except to the extent that the board of trustees of the special district or the
8470 governing body of the special service district makes its own rules:
8471 (i) with respect to a subject addressed by board rules; or
8472 (ii) that are in addition to board rules;
8473 (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
8474 Board of Higher Education;
8475 (k) for the School and Institutional Trust Lands Administration, created in Section
8476 53C-1-201, the School and Institutional Trust Lands Board of Trustees;
8477 (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
8478 the School and Institutional Trust Fund Board of Trustees;
8479 (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
8480 Utah Communications Authority board, created in Section 63H-7a-203; or
8481 (n) for any other procurement unit, the board.
8482 (77) "Service":
8483 (a) means labor, effort, or work to produce a result that is beneficial to a procurement
8484 unit;
8485 (b) includes a professional service; and
8486 (c) does not include labor, effort, or work provided under an employment agreement or
8487 a collective bargaining agreement.
8488 (78) "Small purchase process" means the procurement process described in Section
8489 63G-6a-506.
8490 (79) "Sole source contract" means a contract resulting from a sole source procurement.
8491 (80) "Sole source procurement" means a procurement without competition pursuant to
8492 a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
8493 procurement item.
8494 (81) "Solicitation" means an invitation for bids, request for proposals, or request for
8495 statement of qualifications.
8496 (82) "Solicitation response" means:
8497 (a) a bid submitted in response to an invitation for bids;
8498 (b) a proposal submitted in response to a request for proposals; or
8499 (c) a statement of qualifications submitted in response to a request for statement of
8500 qualifications.
8501 (83) "Special district" means the same as that term is defined in Section 17B-1-102.
8502 (84) "Special service district" means the same as that term is defined in Section
8503 17D-1-102.
8504 (85) "Specification" means any description of the physical or functional characteristics
8505 or of the nature of a procurement item included in an invitation for bids or a request for
8506 proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
8507 (a) a requirement for inspecting or testing a procurement item; or
8508 (b) preparing a procurement item for delivery.
8509 (86) "Standard procurement process" means:
8510 (a) the bidding process;
8511 (b) the request for proposals process;
8512 (c) the approved vendor list process;
8513 (d) the small purchase process; or
8514 (e) the design professional procurement process.
8515 (87) "State cooperative contract" means a contract awarded by the division for and in
8516 behalf of all public entities.
8517 (88) "Statement of qualifications" means a written statement submitted to a
8518 procurement unit in response to a request for statement of qualifications.
8519 (89) "Subcontractor":
8520 (a) means a person under contract to perform part of a contractual obligation under the
8521 control of the contractor, whether the person's contract is with the contractor directly or with
8522 another person who is under contract to perform part of a contractual obligation under the
8523 control of the contractor; and
8524 (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
8525 to a contractor.
8526 (90) "Technology" means the same as "information technology," as defined in Section
8527 63A-16-102.
8528 (91) "Tie bid" means that the lowest responsive bids of responsible bidders are
8529 identical in price.
8530 (92) "Time and materials contract" means a contract under which the contractor is paid:
8531 (a) the actual cost of direct labor at specified hourly rates;
8532 (b) the actual cost of materials and equipment usage; and
8533 (c) an additional amount, expressly described in the contract, to cover overhead and
8534 profit, that is not based on a percentage of the cost to the contractor.
8535 (93) "Transitional costs":
8536 (a) means the costs of changing:
8537 (i) from an existing provider of a procurement item to another provider of that
8538 procurement item; or
8539 (ii) from an existing type of procurement item to another type;
8540 (b) includes:
8541 (i) training costs;
8542 (ii) conversion costs;
8543 (iii) compatibility costs;
8544 (iv) costs associated with system downtime;
8545 (v) disruption of service costs;
8546 (vi) staff time necessary to implement the change;
8547 (vii) installation costs; and
8548 (viii) ancillary software, hardware, equipment, or construction costs; and
8549 (c) does not include:
8550 (i) the costs of preparing for or engaging in a procurement process; or
8551 (ii) contract negotiation or drafting costs.
8552 (94) "Vendor":
8553 (a) means a person who is seeking to enter into a contract with a procurement unit to
8554 provide a procurement item; and
8555 (b) includes:
8556 (i) a bidder;
8557 (ii) an offeror;
8558 (iii) an approved vendor;
8559 (iv) a design professional; and
8560 (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
8561 Section 105. Section 63G-26-102 is amended to read:
8562 63G-26-102. Definitions.
8563 As used in this chapter:
8564 (1) "Personal information" means a record or other compilation of data that identifies a
8565 person as a donor to an entity exempt from federal income tax under Section 501(c) of the
8566 Internal Revenue Code.
8567 (2) "Public agency" means a state or local government entity, including:
8568 (a) a department, division, agency, office, commission, board, or other government
8569 organization;
8570 (b) a political subdivision, including a county, city, town[
8571 district, or special service district;
8572 (c) a public school, school district, charter school, or public higher education
8573 institution; or
8574 (d) a judicial or quasi-judicial body.
8575 Section 106. Section 63G-29-101 is amended to read:
8576 63G-29-101. Definitions.
8577 (1) (a) "Governmental entity" means:
8578 (i) the state;
8579 (ii) a county, city, town[
8580 service district, or other political subdivision of the state; or
8581 (iii) an independent entity.
8582 (b) "Governmental entity" includes an agency, bureau, office, department, division,
8583 board, commission, institution, laboratory, or other instrumentality of an entity described in
8584 Subsection (1)(a).
8585 (2) "Independent entity" means the same as that term is defined in Section 63E-1-102.
8586 (3) "Members of a person's social network" means the people a person authorizes to be
8587 part of the person's social media communications and network.
8588 (4) (a) "Social credit score" means a numeric, alphanumeric, or alphabetic value or
8589 other categorization assigned to a person based on:
8590 (i) the person's:
8591 (A) compliance or noncompliance with government guidance;
8592 (B) social media post;
8593 (C) participation or membership in a lawful club, association, or union;
8594 (D) political affiliation; or
8595 (E) employment industry or employer; or
8596 (ii) the identity of the members of the person's social network.
8597 (b) "Social credit score" does not include:
8598 (i) a consumer report as defined in 15 U.S.C. Sec. 1681a;
8599 (ii) compliance or noncompliance with statute, administrative rule, or other law; or
8600 (iii) a numeric, alphanumeric, or alphabetic value or other categorization assigned to a
8601 person for:
8602 (A) purposes of education, training, or job performance assessment;
8603 (B) purposes of a contest or competition;
8604 (C) purposes of hiring a prospective employee or independent contractor;
8605 (D) purposes of issuance or taking an action against a professional license,
8606 certification, registration, or permit;
8607 (E) purposes of a professional or tax audit; or
8608 (F) use by a financial institution or an affiliate of a financial institution regulated under
8609 Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., to determine risk of loss,
8610 impairment, or default.
8611 Section 107. Section 63J-4-801 is amended to read:
8612 63J-4-801. Definitions.
8613 As used in this part:
8614 (1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2.
8615 (2) "COVID-19" means:
8616 (a) severe acute respiratory syndrome coronavirus 2; or
8617 (b) the disease caused by severe acute respiratory syndrome coronavirus 2.
8618 (3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
8619 Organization declared a pandemic on March 11, 2020.
8620 (4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program
8621 established in Section 63J-4-802.
8622 (5) "Local government" means a county, city, town[
8623 or special service district.
8624 (6) "Review committee" means the COVID-19 Local Assistance Matching Grant
8625 Program Review Committee established in Section 63J-4-803.
8626 Section 108. Section 63N-2-103 is amended to read:
8627 63N-2-103. Definitions.
8628 As used in this part:
8629 (1) (a) "Business entity" means a person that enters into a written agreement with the
8630 office to initiate a new commercial project in Utah that will qualify the person to receive a tax
8631 credit under Section 59-7-614.2 or 59-10-1107.
8632 (b) With respect to a tax credit authorized by the office in accordance with Subsection
8633 63N-2-104.3(2), "business entity" includes a nonprofit entity.
8634 (2) "Commercial or industrial zone" means an area zoned agricultural, commercial,
8635 industrial, manufacturing, business park, research park, or other appropriate business related
8636 use in a general plan that contemplates future growth.
8637 (3) "Development zone" means an economic development zone created under Section
8638 63N-2-104.
8639 (4) "Local government entity" means a county, city, or town[
8640 (5) "New commercial project" means an economic development opportunity that:
8641 (a) involves a targeted industry;
8642 (b) is located within:
8643 (i) a county of the third, fourth, fifth, or sixth class; or
8644 (ii) a municipality that has a population of 10,000 or less and the municipality is
8645 located within a county of the second class; or
8646 (c) involves an economic development opportunity that the commission determines to
8647 be eligible for a tax credit under this part.
8648 (6) "Remote work opportunity" means a new commercial project that:
8649 (a) does not require a physical office in the state where employees associated with the
8650 new commercial project are required to work; and
8651 (b) requires employees associated with the new commercial project to:
8652 (i) work remotely from a location within the state; and
8653 (ii) maintain residency in the state.
8654 (7) "Significant capital investment" means an investment in capital or fixed assets,
8655 which may include real property, personal property, and other fixtures related to a new
8656 commercial project that represents an expansion of existing operations in the state or that
8657 increases the business entity's existing workforce in the state.
8658 (8) "Tax credit" means an economic development tax credit created by Section
8659 59-7-614.2 or 59-10-1107.
8660 (9) "Tax credit amount" means the amount the office lists as a tax credit on a tax credit
8661 certificate for a taxable year.
8662 (10) "Tax credit certificate" means a certificate issued by the office that:
8663 (a) lists the name of the business entity to which the office authorizes a tax credit;
8664 (b) lists the business entity's taxpayer identification number;
8665 (c) lists the amount of tax credit that the office authorizes the business entity for the
8666 taxable year; and
8667 (d) may include other information as determined by the office.
8668 (11) "Written agreement" means a written agreement entered into between the office
8669 and a business entity under Section 63N-2-104.2.
8670 Section 109. Section 63N-4-801 is amended to read:
8671 63N-4-801. Definitions.
8672 As used in this part:
8673 (1) "Advisory committee" means the Rural Opportunity Advisory Committee created
8674 in Section 63N-4-804.
8675 (2) "Association of governments" means an association of political subdivisions of the
8676 state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal
8677 Cooperation Act.
8678 (3) (a) "Business entity" means a sole proprietorship, partnership, association, joint
8679 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
8680 a business.
8681 (b) "Business entity" does not include a business primarily engaged in the following:
8682 (i) construction;
8683 (ii) staffing;
8684 (iii) retail trade; or
8685 (iv) public utility activities.
8686 (4) "CEO board" means a County Economic Opportunity Advisory Board as described
8687 in Section 63N-4-803.
8688 (5) "Fund" means the Rural Opportunity Fund created in Section 63N-4-805.
8689 (6) "Qualified asset" means a physical asset that provides or supports an essential
8690 public service.
8691 (7) " Qualified project" means a project to build or improve one or more qualified
8692 assets for a rural community, including:
8693 (a) telecom and high-speed Internet infrastructure;
8694 (b) power and energy infrastructure;
8695 (c) water and sewerage infrastructure;
8696 (d) healthcare infrastructure; or
8697 (e) other infrastructure as defined by rule made by the office in accordance with Title
8698 63G, Chapter 3, Utah Administrative Rulemaking Act.
8699 (8) "Rural community" means a rural county or rural municipality.
8700 (9) "Rural county" means a county of the third, fourth, fifth, or sixth class.
8701 (10) "Rural municipality" means a city[
8702 the boundaries of:
8703 (a) a county of the third, fourth, fifth, or sixth class; or
8704 (b) a county of the second class, if the municipality has a population of 10,000 or less.
8705 (11) "Rural Opportunity Program" or "program" means the Rural Opportunity Program
8706 created in Section 63N-4-802.
8707 Section 110. Section 65A-1-1 is amended to read:
8708 65A-1-1. Definitions.
8709 As used in this title:
8710 (1) "Division" means the Division of Forestry, Fire, and State Lands.
8711 (2) "Initial attack" means action taken by the first resource to arrive at a wildland fire
8712 incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or
8713 aggressive suppression action.
8714 (3) "Multiple use" means the management of various surface and subsurface resources
8715 in a manner that will best meet the present and future needs of the people of this state.
8716 (4) "Municipality" means a city[
8717 (5) "Public trust assets" means those lands and resources, including sovereign lands,
8718 administered by the division.
8719 (6) "Sovereign lands" means those lands lying below the ordinary high water mark of
8720 navigable bodies of water at the date of statehood and owned by the state by virtue of its
8721 sovereignty.
8722 (7) "State lands" means all lands administered by the division.
8723 (8) "Sustained yield" means the achievement and maintenance of high level annual or
8724 periodic output of the various renewable resources of land without impairment of the
8725 productivity of the land.
8726 (9) "Wildland" means an area where:
8727 (a) development is essentially non-existent, except for roads, railroads, powerlines, or
8728 similar transportation facilities; and
8729 (b) structures, if any, are widely scattered.
8730 (10) "Wildland fire" means a fire that consumes:
8731 (a) wildland; or
8732 (b) wildland-urban interface, as defined in Section 65A-8a-102.
8733 Section 111. Section 65A-8-212 is amended to read:
8734 65A-8-212. Power of state forester to close hazardous areas -- Violations of an
8735 order closing an area.
8736 (1) (a) If the state forester finds conditions in a given area in the state to be extremely
8737 hazardous, "extremely hazardous" means categorized as "extreme" under a nationally
8738 recognized standard for rating fire danger, he shall close those areas to any forms of use by the
8739 public, or to limit that use, except as provided in Subsection (5).
8740 (b) The closure shall include, for the period of time the state forester considers
8741 necessary, the prohibition of open fires, and may include restrictions and prohibitions on:
8742 (i) smoking;
8743 (ii) the use of vehicles or equipment;
8744 (iii) welding, cutting, or grinding of metals;
8745 (iv) subject to Subsection (5), fireworks;
8746 (v) explosives; or
8747 (vi) the use of firearms for target shooting.
8748 (c) Any restriction or closure relating to firearms use:
8749 (i) shall be done with support of the duly elected county sheriff of the affected county
8750 or counties;
8751 (ii) shall undergo a formal review by the State Forester and County Sheriff every 14
8752 days; and
8753 (iii) may not prohibit a person from legally possessing a firearm or lawfully
8754 participating in a hunt.
8755 (d) The State Forester and County Sheriff shall:
8756 (i) agree to the terms of any restriction or closure relating to firearms use;
8757 (ii) reduce the agreement to writing;
8758 (iii) sign the agreement indicating approval of its terms and duration; and
8759 (iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review
8760 and at termination of the restriction or closure.
8761 (2) Nothing in this chapter prohibits any resident within the area from full and free
8762 access to his home or property, or any legitimate use by the owner or lessee of the property.
8763 (3) The order or proclamation closing or limiting the use in the area shall set forth:
8764 (a) the exact area coming under the order;
8765 (b) the date when the order becomes effective; and
8766 (c) if advisable, the authority from whom permits for entry into the area may be
8767 obtained.
8768 (4) Any entry into or use of any area in violation of this section is a class B
8769 misdemeanor.
8770 (5) The state forester may not restrict or prohibit the discharge of fireworks within the
8771 municipal boundaries of a city[
8772 Section 112. Section 67-1a-2 is amended to read:
8773 67-1a-2. Duties enumerated.
8774 (1) The lieutenant governor shall:
8775 (a) perform duties delegated by the governor, including assignments to serve in any of
8776 the following capacities:
8777 (i) as the head of any one department, if so qualified, with the advice and consent of
8778 the Senate, and, upon appointment at the pleasure of the governor and without additional
8779 compensation;
8780 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
8781 law for the purpose of advising the governor or coordinating intergovernmental or
8782 interdepartmental policies or programs;
8783 (iii) as liaison between the governor and the state Legislature to coordinate and
8784 facilitate the governor's programs and budget requests;
8785 (iv) as liaison between the governor and other officials of local, state, federal, and
8786 international governments or any other political entities to coordinate, facilitate, and protect the
8787 interests of the state;
8788 (v) as personal advisor to the governor, including advice on policies, programs,
8789 administrative and personnel matters, and fiscal or budgetary matters; and
8790 (vi) as chairperson or member of any temporary or permanent boards, councils,
8791 commissions, committees, task forces, or other group appointed by the governor;
8792 (b) serve on all boards and commissions in lieu of the governor, whenever so
8793 designated by the governor;
8794 (c) serve as the chief election officer of the state as required by Subsection (2);
8795 (d) keep custody of the Great Seal of the State of Utah;
8796 (e) keep a register of, and attest, the official acts of the governor;
8797 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
8798 which the official signature of the governor is required; and
8799 (g) furnish a certified copy of all or any part of any law, record, or other instrument
8800 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
8801 it and pays the fee.
8802 (2) (a) As the chief election officer, the lieutenant governor shall:
8803 (i) exercise oversight, and general supervisory authority, over all elections;
8804 (ii) exercise direct authority over the conduct of elections for federal, state, and
8805 multicounty officers and statewide or multicounty ballot propositions and any recounts
8806 involving those races;
8807 (iii) establish uniformity in the election ballot;
8808 (iv) (A) prepare election information for the public as required by law and as
8809 determined appropriate by the lieutenant governor; and
8810 (B) make the information described in Subsection (2)(a)(iv)(A) available to the public
8811 and to news media, on the Internet, and in other forms as required by law and as determined
8812 appropriate by the lieutenant governor;
8813 (v) receive and answer election questions and maintain an election file on opinions
8814 received from the attorney general;
8815 (vi) maintain a current list of registered political parties as defined in Section
8816 20A-8-101;
8817 (vii) maintain election returns and statistics;
8818 (viii) certify to the governor the names of individuals nominated to run for, or elected
8819 to, office;
8820 (ix) ensure that all voting equipment purchased by the state complies with the
8821 requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
8822 (x) during a declared emergency, to the extent that the lieutenant governor determines
8823 it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
8824 relating to:
8825 (A) voting on election day;
8826 (B) early voting;
8827 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
8828 (D) the counting of an absentee ballot or military-overseas ballot; or
8829 (E) the canvassing of election returns; and
8830 (xi) exercise all other election authority, and perform other election duties, as provided
8831 in Title 20A, Election Code.
8832 (b) As chief election officer, the lieutenant governor:
8833 (i) shall oversee all elections, and functions relating to elections, in the state;
8834 (ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
8835 an election officer with legal requirements relating to elections; and
8836 (iii) may not assume the responsibilities assigned to the county clerks, city recorders,
8837 town clerks, or other local election officials by Title 20A, Election Code.
8838 (3) (a) The lieutenant governor shall:
8839 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
8840 incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
8841 municipality's population using the population estimate from the Utah Population Committee;
8842 and
8843 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
8844 based on the municipality's population; and
8845 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
8846 municipality's legislative body.
8847 (b) The lieutenant governor shall:
8848 (i) determine the classification under Section 10-2-301 of a consolidated municipality
8849 upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
8850 Consolidation of Municipalities, using population information from:
8851 (A) each official census or census estimate of the United States Bureau of the Census;
8852 or
8853 (B) the population estimate from the Utah Population Committee, if the population of a
8854 municipality is not available from the United States Bureau of the Census; and
8855 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
8856 belongs based on the municipality's population; and
8857 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
8858 consolidated municipality's legislative body.
8859 [
8860 [
8861
8862
8863
8864
8865 [
8866
8867
8868 [
8869 using population information from:
8870 (i) each official census or census estimate of the United States Bureau of the Census; or
8871 (ii) the population estimate from the Utah Population Committee, if the population of a
8872 municipality is not available from the United States Bureau of the Census.
8873 [
8874 indicates that a municipality's population has increased beyond the population for its current
8875 class, the lieutenant governor shall:
8876 (i) prepare a certificate indicating the class in which the municipality belongs based on
8877 the increased population figure; and
8878 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
8879 legislative body of the municipality whose class has changed.
8880 [
8881 indicates that a municipality's population has decreased below the population for its current
8882 class, the lieutenant governor shall send written notification of that fact to the municipality's
8883 legislative body.
8884 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
8885 population has decreased below the population for its current class, the lieutenant governor
8886 shall:
8887 (A) prepare a certificate indicating the class in which the municipality belongs based
8888 on the decreased population figure; and
8889 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
8890 legislative body of the municipality whose class has changed.
8891 Section 113. Section 68-3-12.5 is amended to read:
8892 68-3-12.5. Definitions for Utah Code.
8893 (1) The definitions listed in this section apply to the Utah Code, unless:
8894 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
8895 to the context of the statute; or
8896 (b) a different definition is expressly provided for the respective title, chapter, part,
8897 section, or subsection.
8898 (2) "Adjudicative proceeding" means:
8899 (a) an action by a board, commission, department, officer, or other administrative unit
8900 of the state that determines the legal rights, duties, privileges, immunities, or other legal
8901 interests of one or more identifiable persons, including an action to grant, deny, revoke,
8902 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
8903 (b) judicial review of an action described in Subsection (2)(a).
8904 (3) "Administrator" includes "executor" when the subject matter justifies the use.
8905 (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
8906 commission, committee, or council that:
8907 (a) is created by, and whose duties are provided by, statute or executive order;
8908 (b) performs its duties only under the supervision of another person as provided by
8909 statute; and
8910 (c) provides advice and makes recommendations to another person that makes policy
8911 for the benefit of the general public.
8912 (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
8913 Space Force, and Coast Guard.
8914 [
8915
8916 [
8917 (a) the county commission, in the county commission or expanded county commission
8918 form of government established under Title 17, Chapter 52a, Changing Forms of County
8919 Government;
8920 (b) the county executive, in the county executive-council optional form of government
8921 authorized by Section 17-52a-203; or
8922 (c) the county manager, in the council-manager optional form of government
8923 authorized by Section 17-52a-204.
8924 [
8925 (a) the county commission, in the county commission or expanded county commission
8926 form of government established under Title 17, Chapter 52a, Changing Forms of County
8927 Government;
8928 (b) the county council, in the county executive-council optional form of government
8929 authorized by Section 17-52a-203; and
8930 (c) the county council, in the council-manager optional form of government authorized
8931 by Section 17-52a-204.
8932 [
8933 [
8934 [
8935 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
8936 or court appointment; or
8937 (b) is appointed by a court to manage the estate of a minor or incapacitated person.
8938 [
8939 (a) a public bridge;
8940 (b) a county way;
8941 (c) a county road;
8942 (d) a common road; and
8943 (e) a state road.
8944 [
8945 functioning that:
8946 (a) exists concurrently with deficits in adaptive behavior; and
8947 (b) is manifested during the developmental period as defined in the current edition of
8948 the Diagnostic and Statistical Manual of Mental Disorders, published by the American
8949 Psychiatric Association.
8950 [
8951 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
8952 Security Act.
8953 [
8954 (a) land;
8955 (b) a tenement;
8956 (c) a hereditament;
8957 (d) a water right;
8958 (e) a possessory right; and
8959 (f) a claim.
8960 [
8961 [
8962 [
8963 (a) an individual;
8964 (b) an association;
8965 (c) an institution;
8966 (d) a corporation;
8967 (e) a company;
8968 (f) a trust;
8969 (g) a limited liability company;
8970 (h) a partnership;
8971 (i) a political subdivision;
8972 (j) a government office, department, division, bureau, or other body of government;
8973 and
8974 (k) any other organization or entity.
8975 [
8976 (a) money;
8977 (b) goods;
8978 (c) chattels;
8979 (d) effects;
8980 (e) evidences of a right in action;
8981 (f) a written instrument by which a pecuniary obligation, right, or title to property is
8982 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
8983 (g) a right or interest in an item described in Subsections [
8984 [
8985 (a) an executor;
8986 (b) an administrator;
8987 (c) a successor personal representative;
8988 (d) a special administrator; and
8989 (e) a person who performs substantially the same function as a person described in
8990 Subsections [
8991 [
8992 commission, or council that:
8993 (a) is authorized to make policy for the benefit of the general public;
8994 (b) is created by, and whose duties are provided by, the constitution or statute; and
8995 (c) performs its duties according to its own rules without supervision other than under
8996 the general control of another person as provided by statute.
8997 [
8998 expressly provided otherwise.
8999 [
9000 proceeding.
9001 [
9002 [
9003 (a) land;
9004 (b) a tenement;
9005 (c) a hereditament;
9006 (d) a water right;
9007 (e) a possessory right; and
9008 (f) a claim.
9009 [
9010 commission, committee, or council that:
9011 (a) is authorized to approve policy made for the benefit of the general public by another
9012 body or person;
9013 (b) is created by, and whose duties are provided by, statute; and
9014 (c) performs its duties according to its own rules without supervision other than under
9015 the general control of another person as provided by statute.
9016 [
9017 (a) a public bridge;
9018 (b) a county way;
9019 (c) a county road;
9020 (d) a common road; and
9021 (e) a state road.
9022 [
9023 authenticate an instrument or writing.
9024 [
9025 state, district, or territory of the United States.
9026 [
9027 [
9028 [
9029
9030 [
9031 (a) the armed forces;
9032 (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
9033 and
9034 (c) the commissioned corps of the United States Public Health Service.
9035 [
9036 States of America.
9037 [
9038 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
9039 existed:
9040 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
9041 (b) (i) after the day described in Subsection [
9042 (ii) before the most recent amendment to the referenced portion of the 1953
9043 recodification of the Utah Code.
9044 [
9045 boat, and every structure adapted to be navigated from place to place.
9046 [
9047 (i) has served in the United States Armed Forces for at least 180 days:
9048 (A) on active duty; or
9049 (B) in a reserve component, to include the National Guard; or
9050 (ii) has incurred an actual service-related injury or disability while in the United States
9051 Armed Forces regardless of whether the individual completed 180 days; and
9052 (iii) was separated or retired under conditions characterized as honorable or general.
9053 (b) This definition is not intended to confer eligibility for benefits.
9054 [
9055 [
9056 (a) the state;
9057 (b) a court; or
9058 (c) a judicial officer.
9059 [
9060 (a) printing;
9061 (b) handwriting; and
9062 (c) information stored in an electronic or other medium if the information is retrievable
9063 in a perceivable format.
9064 Section 114. Section 72-2-108 is amended to read:
9065 72-2-108. Apportionment of funds available for use on class B and class C roads
9066 -- Bonds.
9067 (1) For purposes of this section:
9068 (a) "Eligible county" means a county of the fifth class, as described in Section
9069 17-50-501, that received a distribution for fiscal year 2015 that was reapportioned to include
9070 money in addition to the amount calculated under Subsection (2), and the portion of the
9071 distribution derived from the calculation under Subsection (2) was less than 60% of the total
9072 distribution.
9073 (b) "Graveled road" means a road:
9074 (i) that is:
9075 (A) graded; and
9076 (B) drained by transverse drainage systems to prevent serious impairment of the road
9077 by surface water;
9078 (ii) that has an improved surface; and
9079 (iii) that has a wearing surface made of:
9080 (A) gravel;
9081 (B) broken stone;
9082 (C) slag;
9083 (D) iron ore;
9084 (E) shale; or
9085 (F) other material that is:
9086 (I) similar to a material described in Subsection (1)(b)(iii)(A) through (E); and
9087 (II) coarser than sand.
9088 (c) "Paved road" includes:
9089 (i) a graveled road with a chip seal surface; and
9090 (ii) a circulator alley.
9091 (d) "Road mile" means a one-mile length of road, regardless of:
9092 (i) the width of the road; or
9093 (ii) the number of lanes into which the road is divided.
9094 (e) "Weighted mileage" means the sum of the following:
9095 (i) paved road miles multiplied by five; and
9096 (ii) all other road type road miles multiplied by two.
9097 (2) Subject to the provisions of Subsections (3) through (7), funds appropriated for
9098 class B and class C roads shall be apportioned among counties and municipalities in the
9099 following manner:
9100 (a) 50% in the ratio that the class B roads weighted mileage within each county and
9101 class C roads weighted mileage within each municipality bear to the total class B and class C
9102 roads weighted mileage within the state; and
9103 (b) 50% in the ratio that the population of a county or municipality bears to the total
9104 population of the state as of the last official federal census or the United States Bureau of
9105 Census estimate, whichever is most recent, except that if population estimates are not available
9106 from the United States Bureau of Census, population figures shall be derived from the estimate
9107 from the Utah Population Committee.
9108 (3) For purposes of Subsection (2)(b), "the population of a county" means:
9109 [
9110
9111 [
9112
9113
9114 [
9115
9116 [
9117
9118 [
9119 [
9120
9121 [
9122
9123 [
9124 [
9125 county, if the population of the county outside the corporate limits of municipalities in that
9126 county is not less than 14% of the total population of that county, including municipalities; and
9127 [
9128 the county is less than 14% of the total population:
9129 [
9130 that county shall be reduced by an amount equal to the difference between:
9131 [
9132 [
9133 municipalities in that county; and
9134 [
9135 of that county, including incorporated municipalities.
9136 (4) For an eligible county, the department shall reapportion the funds under Subsection
9137 (2) to ensure that the county or municipality receives, for a fiscal year beginning on or after
9138 July 1, 2018, an amount equal to the greater of:
9139 (a) the amount apportioned to the county or municipality for class B and class C roads
9140 in the current fiscal year under Subsection (2); or
9141 (b) (i) the amount apportioned to the county or municipality for class B and class C
9142 roads through the apportionment formula under Subsection (2) or this Subsection (4) in the
9143 prior fiscal year; plus
9144 (ii) the amount calculated as described in Subsection (6).
9145 (5) (a) The department shall decrease proportionately as provided in Subsection (5)(b)
9146 the apportionments to counties and municipalities for which the reapportionment under
9147 Subsection (4) does not apply.
9148 (b) The aggregate amount of the funds that the department shall decrease
9149 proportionately from the apportionments under Subsection (5)(a) is an amount equal to the
9150 aggregate amount reapportioned to counties and municipalities under Subsection (4).
9151 (6) (a) In addition to the apportionment adjustments made under Subsection (4), a
9152 county or municipality that qualifies for reapportioned money under Subsection (4) shall
9153 receive an amount equal to the amount apportioned to the eligible county or municipality under
9154 Subsection (4) for class B and class C roads in the prior fiscal year multiplied by the percentage
9155 increase or decrease in the total funds available for class B and class C roads between the prior
9156 fiscal year and the fiscal year that immediately preceded the prior fiscal year.
9157 (b) The adjustment under Subsection (6)(a) shall be made in the same way as provided
9158 in Subsections (5)(a) and (b).
9159 (7) (a) If a county or municipality does not qualify for a reapportionment under
9160 Subsection (4) in the current fiscal year but previously qualified for a reapportionment under
9161 Subsection (4) on or after July 1, 2017, the county or municipality shall receive an amount
9162 equal to the greater of:
9163 (i) the amount apportioned to the county or municipality for class B and class C roads
9164 in the current fiscal year under Subsection (2); or
9165 (ii) the amount apportioned to the county or municipality for class B and class C roads
9166 in the prior fiscal year.
9167 (b) The adjustment under Subsection (7)(a) shall be made in the same way as provided
9168 in Subsections (5)(a) and (b).
9169 (8) The governing body of any municipality or county may issue bonds redeemable up
9170 to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
9171 costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
9172 B or class C road funds received pursuant to this section to pay principal, interest, premiums,
9173 and reserves for the bonds.
9174 Section 115. Section 72-2-121 is amended to read:
9175 72-2-121. County of the First Class Highway Projects Fund.
9176 (1) There is created a special revenue fund within the Transportation Fund known as
9177 the "County of the First Class Highway Projects Fund."
9178 (2) The fund consists of money generated from the following revenue sources:
9179 (a) any voluntary contributions received for new construction, major renovations, and
9180 improvements to highways within a county of the first class;
9181 (b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
9182 deposited into or transferred to the fund;
9183 (c) the portion of the sales and use tax described in Section 59-12-2217 deposited into
9184 or transferred to the fund;
9185 (d) a portion of the local option highway construction and transportation corridor
9186 preservation fee imposed in a county of the first class under Section 41-1a-1222 deposited into
9187 or transferred to the fund; and
9188 (e) the portion of the sales and use tax transferred into the fund as described in
9189 Subsections 59-12-2220(4)(a) and 59-12-2220(11)(b).
9190 (3) (a) The fund shall earn interest.
9191 (b) All interest earned on fund money shall be deposited into the fund.
9192 (4) Subject to Subsection (9), the executive director shall use the fund money only:
9193 (a) to pay debt service and bond issuance costs for bonds issued under Sections
9194 63B-16-102, 63B-18-402, and 63B-27-102;
9195 (b) for right-of-way acquisition, new construction, major renovations, and
9196 improvements to highways within a county of the first class and to pay any debt service and
9197 bond issuance costs related to those projects, including improvements to a highway located
9198 within a municipality in a county of the first class where the municipality is located within the
9199 boundaries of more than a single county;
9200 (c) for the construction, acquisition, use, maintenance, or operation of:
9201 (i) an active transportation facility for nonmotorized vehicles;
9202 (ii) multimodal transportation that connects an origin with a destination; or
9203 (iii) a facility that may include a:
9204 (A) pedestrian or nonmotorized vehicle trail;
9205 (B) nonmotorized vehicle storage facility;
9206 (C) pedestrian or vehicle bridge; or
9207 (D) vehicle parking lot or parking structure;
9208 (d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
9209 Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the amounts
9210 transferred in accordance with Subsection 72-2-124(4)(a)(iv);
9211 (e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
9212 issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the projects
9213 described in Subsection 63B-18-401(4)(a);
9214 (f) for a fiscal year beginning on or after July 1, 2013, and after the department has
9215 verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund, to
9216 transfer an amount equal to 50% of the revenue generated by the local option highway
9217 construction and transportation corridor preservation fee imposed under Section 41-1a-1222 in
9218 a county of the first class:
9219 (i) to the legislative body of a county of the first class; and
9220 (ii) to be used by a county of the first class for:
9221 (A) highway construction, reconstruction, or maintenance projects; or
9222 (B) the enforcement of state motor vehicle and traffic laws;
9223 (g) for a fiscal year beginning on or after July 1, 2015, after the department has verified
9224 that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the
9225 transfer under Subsection (4)(e) has been made, to annually transfer an amount of the sales and
9226 use tax revenue imposed in a county of the first class and deposited into the fund in accordance
9227 with Subsection 59-12-2214(3)(b) equal to an amount needed to cover the debt to:
9228 (i) the appropriate debt service or sinking fund for the repayment of bonds issued under
9229 Section 63B-27-102; and
9230 (ii) the appropriate debt service or sinking fund for the repayment of bonds issued
9231 under Sections 63B-31-102 and 63B-31-103;
9232 (h) after the department has verified that the amount required under Subsection
9233 72-2-121.3(4)(c) is available in the fund and after the transfer under Subsection (4)(d), the
9234 payment under Subsection (4)(e), and the transfer under Subsection (4)(g)(i) has been made, to
9235 annually transfer $2,000,000 to a public transit district in a county of the first class to fund a
9236 system for public transit;
9237 (i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
9238 that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after
9239 the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfer
9240 under Subsection (4)(g)(i) has been made, to annually transfer 20% of the amount deposited
9241 into the fund under Subsection (2)(b):
9242 (i) to the legislative body of a county of the first class; and
9243 (ii) to fund parking facilities in a county of the first class that facilitate significant
9244 economic development and recreation and tourism within the state;
9245 (j) for the 2018-19 fiscal year only, after the department has verified that the amount
9246 required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under
9247 Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections
9248 (4)(g), (h), and (i) have been made, to transfer $12,000,000 to the department to distribute for
9249 the following projects:
9250 (i) $2,000,000 to West Valley City for highway improvement to 4100 South;
9251 (ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from
9252 6800 West to 7300 West;
9253 (iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
9254 (iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400
9255 South to 13200 South;
9256 (v) $1,000,000 to Murray City for highway improvements to 5600 South from State
9257 Street to Van Winkle;
9258 (vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from
9259 11400 South to 12300 South;
9260 (vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
9261 (viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to
9262 10200 South from 2700 West to 3200 West;
9263 (ix) $1,000,000 to West Jordan for highway improvements to 8600 South near
9264 Mountain View Corridor;
9265 (x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
9266 (xi) $500,000 to Salt Lake County for highway improvements to 2650 South from
9267 7200 West to 8000 West; and
9268 (k) subject to Subsection (5), for a fiscal year beginning on or after July 1, 2021, and
9269 for 15 years thereafter, to annually transfer the following amounts to the following cities[
9270
9271 and improve transportation safety:
9272 (i) $2,000,000 to Sandy;
9273 (ii) $2,000,000 to Taylorsville;
9274 (iii) $1,100,000 to Salt Lake City;
9275 (iv) $1,100,000 to West Jordan;
9276 (v) $1,100,000 to West Valley City;
9277 (vi) $800,000 to Herriman;
9278 (vii) $700,000 to Draper;
9279 (viii) $700,000 to Riverton;
9280 (ix) $700,000 to South Jordan;
9281 (x) $500,000 to Bluffdale;
9282 (xi) $500,000 to Midvale;
9283 (xii) $500,000 to Millcreek;
9284 (xiii) $500,000 to Murray;
9285 (xiv) $400,000 to Cottonwood Heights; and
9286 (xv) $300,000 to Holladay.
9287 (5) (a) If revenue in the fund is insufficient to satisfy all of the transfers described in
9288 Subsection (4)(k), the executive director shall proportionately reduce the amounts transferred
9289 as described in Subsection (4)(k).
9290 (b) A local government entity, as that term is defined in Section 63J-1-220, is exempt
9291 from entering into an agreement as described in Section 63J-1-220 pertaining to the receipt or
9292 expenditure of any funding described in Subsection (4)(k).
9293 (c) A local government may not use revenue described in Subsection (4)(k) to supplant
9294 existing class B or class C road funds that a local government has budgeted for transportation
9295 projects.
9296 (d) (i) A municipality or county that received a transfer of funds described in
9297 Subsection (4)(j) shall submit to the department a statement of cash flow and progress
9298 pertaining to the municipality's or county's respective project described in Subsection (4)(j).
9299 (ii) After the department is satisfied that the municipality or county described in
9300 Subsection (4)(j) has made substantial progress and the expenditure of funds is programmed
9301 and imminent, the department may transfer to the same municipality or county the respective
9302 amounts described in Subsection (4)(k).
9303 (6) The revenues described in Subsections (2)(b), (c), and (d) that are deposited into the
9304 fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, and
9305 63B-27-102 are considered a local matching contribution for the purposes described under
9306 Section 72-2-123.
9307 (7) The additional administrative costs of the department to administer this fund shall
9308 be paid from money in the fund.
9309 (8) Subject to Subsection (9), and notwithstanding any statutory or other restrictions on
9310 the use or expenditure of the revenue sources deposited into this fund, the Department of
9311 Transportation may use the money in this fund for any of the purposes detailed in Subsection
9312 (4).
9313 (9) Any revenue deposited into the fund as described in Subsection (2)(e) shall be used
9314 to provide funding or loans for public transit projects, operations, and supporting infrastructure
9315 in the county of the first class.
9316 Section 116. Section 73-10-34 is amended to read:
9317 73-10-34. Secondary water metering -- Loans and grants.
9318 (1) As used in this section:
9319 (a) "Agriculture use" means water used on land assessed under Title 59, Chapter 2, Part
9320 5, Farmland Assessment Act.
9321 (b) (i) "Commercial user" means a secondary water user that is a place of business.
9322 (ii) "Commercial user" does not include a multi-family residence, an agricultural user,
9323 or a customer that falls within the industrial or institutional classification.
9324 (c) "Full metering" means that use of secondary water is accurately metered by a meter
9325 that is installed and maintained on every secondary water connection of a secondary water
9326 supplier.
9327 (d) (i) "Industrial user" means a secondary water user that manufactures or produces
9328 materials.
9329 (ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a
9330 mining company.
9331 (e) (i) "Institutional user" means a secondary water user that is dedicated to public
9332 service, regardless of ownership.
9333 (ii) "Institutional user" includes a school, church, hospital, park, golf course, and
9334 government facility.
9335 (f) "Power generation use" means water used in the production of energy, such as use
9336 in an electric generation facility, natural gas refinery, or coal processing plant.
9337 (g) (i) "Residential user" means a secondary water user in a residence.
9338 (ii) "Residential user" includes a single-family or multi-family home, apartment,
9339 duplex, twin home, condominium, or planned community.
9340 (h) "Secondary water" means water that is:
9341 (i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5,
9342 Farmland Assessment Act; and
9343 (ii) delivered to and used by an end user for the irrigation of landscaping or a garden.
9344 (i) "Secondary water connection" means the location at which the water leaves the
9345 secondary water supplier's pipeline and enters into the remainder of the pipes that are owned by
9346 another person to supply water to an end user.
9347 (j) "Secondary water supplier" means an entity that supplies pressurized secondary
9348 water.
9349 (k) "Small secondary water retail supplier" means an entity that:
9350 (i) supplies pressurized secondary water only to the end user of the secondary water;
9351 and
9352 (ii) (A) is a city[
9353 (B) supplies 5,000 or fewer secondary water connections.
9354 (2) (a) (i) A secondary water supplier that supplies secondary water within a county of
9355 the first or second class and begins design work for new service on or after April 1, 2020, to a
9356 commercial, industrial, institutional, or residential user shall meter the use of pressurized
9357 secondary water by the users receiving that new service.
9358 (ii) A secondary water supplier that supplies secondary water within a county of the
9359 third, fourth, fifth, or sixth class and begins design work for new service on or after May 4,
9360 2022, to a commercial, industrial, institutional, or residential user shall meter the use of
9361 pressurized secondary water by the users receiving that new service.
9362 (b) By no later than January 1, 2030, a secondary water supplier shall install and
9363 maintain a meter of the use of pressurized secondary water by each user receiving secondary
9364 water service from the secondary water supplier.
9365 (c) Beginning January 1, 2022, a secondary water supplier shall establish a meter
9366 installation reserve for metering installation and replacement projects.
9367 (d) A secondary water supplier, including a small secondary water retail supplier, may
9368 not raise the rates charged for secondary water:
9369 (i) by more than 10% in a calendar year for costs associated with metering secondary
9370 water unless the rise in rates is necessary because the secondary water supplier experiences a
9371 catastrophic failure or other similar event; or
9372 (ii) unless, before raising the rates on the end user, the entity charging the end user
9373 provides a statement explaining the basis for why the needs of the secondary water supplier
9374 required an increase in rates.
9375 (e) (i) A secondary water supplier that provides pressurized secondary water to a
9376 commercial, industrial, institutional, or residential user shall develop a plan, or if the secondary
9377 water supplier previously filed a similar plan, update the plan for metering the use of the
9378 pressurized water.
9379 (ii) The plan required by this Subsection (2)(e) shall be filed or updated with the
9380 Division of Water Resources by no later than December 31, 2025, and address the process the
9381 secondary water supplier will follow to implement metering, including:
9382 (A) the costs of full metering by the secondary water supplier;
9383 (B) how long it would take the secondary water supplier to complete full metering,
9384 including an anticipated beginning date and completion date, except a secondary water supplier
9385 shall achieve full metering by no later than January 1, 2030; and
9386 (C) how the secondary water supplier will finance metering.
9387 (3) A secondary water supplier shall on or before March 31 of each year, report to the
9388 Division of Water Rights:
9389 (a) for commercial, industrial, institutional, and residential users whose pressurized
9390 secondary water use is metered, the number of acre feet of pressurized secondary water the
9391 secondary water supplier supplied to the commercial, industrial, institutional, and residential
9392 users during the preceding 12-month period;
9393 (b) the number of secondary water meters within the secondary water supplier's service
9394 boundary;
9395 (c) a description of the secondary water supplier's service boundary;
9396 (d) the number of secondary water connections in each of the following categories
9397 through which the secondary water supplier supplies pressurized secondary water:
9398 (i) commercial;
9399 (ii) industrial;
9400 (iii) institutional; and
9401 (iv) residential;
9402 (e) the total volume of water that the secondary water supplier receives from the
9403 secondary water supplier's sources; and
9404 (f) the dates of service during the preceding 12-month period in which the secondary
9405 water supplier supplied pressurized secondary water.
9406 (4) (a) Beginning July 1, 2019, the Board of Water Resources may make up to
9407 $10,000,000 in low-interest loans available each year:
9408 (i) from the Water Resources Conservation and Development Fund, created in Section
9409 73-10-24; and
9410 (ii) for financing the cost of secondary water metering.
9411 (b) The Division of Water Resources and the Board of Water Resources shall make
9412 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
9413 establishing the criteria and process for receiving a loan described in this Subsection (4), except
9414 the rules may not include prepayment penalties.
9415 (5) (a) Beginning July 1, 2021, subject to appropriation, the Division of Water
9416 Resources may make matching grants each year for financing the cost of secondary water
9417 metering for a commercial, industrial, institutional, or residential user by a small secondary
9418 water retail supplier that:
9419 (i) is not for new service described in Subsection (2)(a); and
9420 (ii) matches the amount of the grant.
9421 (b) For purposes of issuing grants under this section, the division shall prioritize the
9422 small secondary water retail suppliers that can demonstrate the greatest need or greatest
9423 inability to pay the entire cost of installing secondary water meters.
9424 (c) The amount of a grant under this Subsection (5) may not:
9425 (i) exceed 50% of the small secondary water retail supplier's cost of installing
9426 secondary water meters; or
9427 (ii) supplant federal, state, or local money previously allocated to pay the small
9428 secondary water retail supplier's cost of installing secondary water meters.
9429 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9430 Board of Water Resources shall make rules establishing:
9431 (i) the procedure for applying for a grant under this Subsection (5); and
9432 (ii) how a small secondary water retail supplier can establish that the small secondary
9433 water retail supplier meets the eligibility requirements of this Subsection (5).
9434 (6) Nothing in this section affects a water right holder's obligation to measure and
9435 report water usage as described in Sections 73-5-4 and 73-5-8.
9436 (7) If a secondary water supplier fails to comply with Subsection (2)(b), the secondary
9437 water supplier:
9438 (a) beginning January 1, 2030, may not receive state money for water related purposes
9439 until the secondary water supplier completes full metering; and
9440 (b) is subject to an enforcement action of the state engineer in accordance with
9441 Subsection (8).
9442 (8) (a) (i) The state engineer shall commence an enforcement action under this
9443 Subsection (8) if the state engineer receives a referral from the director of the Division of
9444 Water Resources.
9445 (ii) The director of the Division of Water Resources shall submit a referral to the state
9446 engineer if the director:
9447 (A) finds that a secondary water supplier fails to fully meter secondary water as
9448 required by this section; and
9449 (B) determines an enforcement action is necessary to conserve or protect a water
9450 resource in the state.
9451 (b) To commence an enforcement action under this Subsection (8), the state engineer
9452 shall issue a notice of violation that includes notice of the administrative fine to which a
9453 secondary water supplier is subject.
9454 (c) The state engineer's issuance and enforcement of a notice of violation is exempt
9455 from Title 63G, Chapter 4, Administrative Procedures Act.
9456 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9457 state engineer shall make rules necessary to enforce a notice of violation, that includes:
9458 (i) provisions consistent with this Subsection (8) for enforcement of the notice if a
9459 secondary water supplier to whom a notice is issued fails to respond to the notice or abate the
9460 violation;
9461 (ii) the right to a hearing, upon request by a secondary water supplier against whom the
9462 notice is issued; and
9463 (iii) provisions for timely issuance of a final order after the secondary water supplier to
9464 whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing
9465 held under Subsection (8)(d)(ii).
9466 (e) A person may not intervene in an enforcement action commenced under this
9467 section.
9468 (f) After issuance of a final order under rules made pursuant to Subsection (8)(d), the
9469 state engineer shall serve a copy of the final order on the secondary water supplier against
9470 whom the order is issued by:
9471 (i) personal service under Utah Rules of Civil Procedure, Rule 5; or
9472 (ii) certified mail.
9473 (g) (i) The state engineer's final order may be reviewed by trial de novo by the district
9474 court in Salt Lake County or the county where the violation occurred.
9475 (ii) A secondary water supplier shall file a petition for judicial review of the state
9476 engineer's final order issued under this section within 20 days from the day on which the final
9477 order was served on the secondary water supplier.
9478 (h) The state engineer may bring suit in a court of competent jurisdiction to enforce a
9479 final order issued under this Subsection (8).
9480 (i) If the state engineer prevails in an action brought under Subsection (8)(g) or (h), the
9481 state may recover court costs and a reasonable attorney fee.
9482 (j) As part of a final order issued under this Subsection (8), the state engineer shall
9483 order that a secondary water supplier to whom an order is issued pay an administrative fine
9484 equal to:
9485 (i) $10 for each non-metered secondary water connection of the secondary water
9486 supplier for failure to comply with full metering by January 1, 2030;
9487 (ii) $20 for each non-metered secondary water connection of the secondary water
9488 supplier for failure to comply with full metering by January 1, 2031;
9489 (iii) $30 for each non-metered secondary water connection of the secondary water
9490 supplier for failure to comply with full metering by January 1, 2032;
9491 (iv) $40 for each non-metered secondary water connection of the secondary water
9492 supplier for failure to comply with full metering by January 1, 2033; and
9493 (v) $50 for each non-metered secondary water connection of the secondary water
9494 supplier for failure to comply with full metering by January 1, 2034, and for each subsequent
9495 year the secondary water supplier fails to comply with full metering.
9496 (k) Money collected under this Subsection (8) shall be deposited into the Water
9497 Resources Conservation and Development Fund, created in Section 73-10-24.
9498 (9) A secondary water supplier located within a county of the fifth or sixth class is
9499 exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8) if:
9500 (a) the owner or operator of the secondary water supplier seeks an exemption under
9501 this Subsection (9) by establishing with the Division of Water Resources that the cost of
9502 purchasing, installing, and upgrading systems to accept meters exceeds 25% of the total
9503 operating budget of the owner or operator of the secondary water supplier;
9504 (b) the secondary water supplier agrees to not add a new secondary water connection to
9505 the secondary water supplier's system on or after May 4, 2022;
9506 (c) within six months of when the secondary water supplier seeks an exemption under
9507 Subsection (9)(a), the secondary water supplier provides to the Division of Water Resources a
9508 plan for conservation within the secondary water supplier's service area that does not require
9509 metering;
9510 (d) the secondary water supplier annually reports to the Division of Water Resources
9511 on the results of the plan described in Subsection (9)(c); and
9512 (e) the secondary water supplier submits to evaluations by the Division of Water
9513 Resources of the effectiveness of the plan described in Subsection (9)(c).
9514 (10) A secondary water supplier is exempt from Subsections (2)(a), (2)(b), (2)(c),
9515 (2)(e), (7), and (8) to the extent that the secondary water supplier:
9516 (a) is unable to obtain a meter that a meter manufacturer will warranty because of the
9517 water quality within a specific location served by the secondary water supplier;
9518 (b) submits reasonable proof to the Division of Water Resources that the secondary
9519 water supplier is unable to obtain a meter as described in Subsection (10)(a);
9520 (c) within six months of when the secondary water supplier submits reasonable proof
9521 under Subsection (10)(b), provides to the Division of Water Resources a plan for conservation
9522 within the secondary water supplier's service area that does not require metering;
9523 (d) annually reports to the Division of Water Resources on the results of the plan
9524 described in Subsection (10)(c); and
9525 (e) submits to evaluations by the Division of Water Resources of the effectiveness of
9526 the plan described in Subsection (10)(c).
9527 (11) A secondary water supplier that is located within a critical management area that
9528 is subject to a groundwater management plan adopted or amended under Section 73-5-15 on or
9529 after May 1, 2006, is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8).
9530 (12) If a secondary water supplier is required to have a water conservation plan under
9531 Section 73-10-32, that water conservation plan satisfies the requirements of Subsection (9)(c)
9532 or (10)(c).
9533 (13) (a) Notwithstanding the other provisions of this section and unless exempt under
9534 Subsection (9), (10), or (11), to comply with this section, a secondary water supplier is not
9535 required to meter every secondary water connection of the secondary water supplier's system,
9536 but shall meter at strategic points of the system as approved by the state engineer under this
9537 Subsection (13) if:
9538 (i) the system has no storage and relies on stream flow;
9539 (ii) (A) the majority of secondary water users on the system are associated with
9540 agriculture use or power generation use; and
9541 (B) less than 50% of the secondary water is used by residential secondary water users;
9542 or
9543 (iii) the system has:
9544 (A) 1,000 or fewer users; and
9545 (B) a mix of pressurized lines and open ditches.
9546 (b) (i) A secondary water supplier may obtain the approval by the state engineer of
9547 strategic points where metering is to occur as required under this Subsection (13) by filing an
9548 application with the state engineer in the form established by the state engineer.
9549 (ii) The state engineer may by rule, made in accordance with Title 63G, Chapter 3,
9550 Utah Administrative Rulemaking Act, establish procedures for approving strategic points for
9551 metering under this Subsection (13).
9552 Section 117. Section 78A-7-202 is amended to read:
9553 78A-7-202. Justice court judges to be appointed -- Procedure.
9554 (1) As used in this section:
9555 (a) "Local government executive" means:
9556 (i) for a county:
9557 (A) the chair of the county commission in a county operating under the county
9558 commission or expanded county commission form of county government;
9559 (B) the county executive in a county operating under the county executive-council form
9560 of county government; and
9561 (C) the county manager in a county operating under the council-manager form of
9562 county government; and
9563 (ii) for a city or town:
9564 (A) the mayor of the city or town; or
9565 (B) the city manager, in the council-manager form of government described in
9566 Subsection [
9567 [
9568 (b) "Local legislative body" means:
9569 (i) for a county, the county commission or county council; and
9570 (ii) for a city or town, the council of the city or town.
9571 (2) (a) There is created in each county a county justice court nominating commission to
9572 review applicants and make recommendations to the appointing authority for a justice court
9573 position.
9574 (b) The commission shall be convened when a new justice court judge position is
9575 created or when a vacancy in an existing court occurs for a justice court located within the
9576 county.
9577 (c) Membership of the justice court nominating commission shall be as follows:
9578 (i) one member appointed by:
9579 (A) the county commission if the county has a county commission form of
9580 government; or
9581 (B) the county executive if the county has an executive-council form of government;
9582 (ii) one member appointed by the municipalities in the counties as follows:
9583 (A) if the county has only one municipality, appointment shall be made by the
9584 governing authority of that municipality; or
9585 (B) if the county has more than one municipality, appointment shall be made by a
9586 municipal selection committee composed of the mayors of each municipality [
9587
9588 (iii) one member appointed by the county bar association; and
9589 (iv) two members appointed by the governing authority of the jurisdiction where the
9590 judicial office is located.
9591 (d) (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall
9592 be appointed by the regional bar association.
9593 (ii) If no regional bar association exists, the state bar association shall make the
9594 appointment.
9595 (e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing
9596 authority or an elected official of a county or municipality.
9597 (f) (i) Except as provided in Subsection (2)(f)(ii), the nominating commission shall
9598 submit at least three names to the appointing authority of the jurisdiction expected to be served
9599 by the judge.
9600 (ii) If there are fewer than three applicants for a justice court vacancy, the nominating
9601 commission shall submit all qualified applicants to the appointing authority of the jurisdiction
9602 expected to be served by the judge.
9603 (iii) The local government executive shall appoint a judge from the list submitted and
9604 the appointment ratified by the local legislative body.
9605 (g) (i) The state court administrator shall provide staff to the commission.
9606 (ii) The Judicial Council shall establish rules and procedures for the conduct of the
9607 commission.
9608 (3) (a) A judicial vacancy for a justice court shall be announced:
9609 (i) as an employment opportunity on the Utah Courts' website;
9610 (ii) in an email to the members of the Utah State Bar; and
9611 (iii) for the justice court's jurisdiction, as a class A notice under Section 63G-30-102,
9612 for at least 30 days.
9613 (b) A judicial vacancy for a justice court may also be advertised through other
9614 appropriate means.
9615 (4) Selection of candidates shall be based on compliance with the requirements for
9616 office and competence to serve as a judge.
9617 (5) (a) Once selected, every prospective justice court judge shall attend an orientation
9618 seminar conducted under the direction of the Judicial Council.
9619 (b) Upon completion of the orientation seminar described in Subsection (5)(a), the
9620 Judicial Council shall certify the justice court judge as qualified to hold office.
9621 (6) (a) The selection of a person to fill the office of justice court judge is effective upon
9622 certification of the judge by the Judicial Council.
9623 (b) A justice court judge may not perform judicial duties until certified by the Judicial
9624 Council.
9625 Section 118. Section 78B-6-2301 is amended to read:
9626 78B-6-2301. Definitions.
9627 As used in this part:
9628 (1) "Directive" means an ordinance, regulation, measure, rule, enactment, order, or
9629 policy issued, enacted, or required by a local or state governmental entity.
9630 (2) "Firearm" means the same as that term is defined in Section 53-5a-102.
9631 (3) "Legislative firearm preemption" means the preemption provided for in Sections
9632 53-5a-102 and 76-10-500.
9633 (4) "Local or state governmental entity" means:
9634 (a) a department, commission, board, council, agency, institution, officer, corporation,
9635 fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other
9636 administrative unit of the state, including the Utah Board of Higher Education, each institution
9637 of higher education, and the boards of trustees of each higher education institution; or
9638 (b) a county, city, town[
9639 public school, school district, charter school, special service district under Title 17D, Chapter
9640 1, Special Service District Act, an entity created by interlocal cooperation agreement under
9641 Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated
9642 in statute as a political subdivision of the state.
9643 Section 119. Repealer.
9644 This bill repeals:
9645 Section 10-2-301.5, Classification of metro townships according to population.
9646 Section 10-2a-401, Title.
9647 Section 10-2a-402, Application.
9648 Section 10-2a-403, Definitions.
9649 Section 10-2a-404, Election -- Notice.
9650 Section 10-2a-405, Duties of county legislative body -- Public hearing -- Notice --
9651 Other election and incorporation issues -- Rural real property excluded.
9652 Section 10-2a-406, Ballot used at metro township incorporation election.
9653 Section 10-2a-407, Ballot used at unincorporated island annexation election.
9654 Section 10-2a-408, Notification to lieutenant governor of incorporation election
9655 results.
9656 Section 10-2a-409, Unincorporated island annexation -- Notice and recording--
9657 Applicable provisions.
9658 Section 10-2a-410, Determination of metro township districts -- Determination of
9659 metro township or city initial officer terms -- Adoption of proposed districts -- Notice.
9660 Section 10-2a-411, Election of officers of new city, town, or metro township.
9661 Section 10-2a-412, Notification to lieutenant governor of election of officers.
9662 Section 10-2a-413, Incorporation under this part subject to other provisions.
9663 Section 10-2a-414, Transition -- Continuity of county process.
9664 Section 10-3b-501, Metro township government powers vested in a five-member
9665 council.
9666 Section 10-3b-502, Governance of metro townships that are not in a municipal
9667 services district.
9668 Section 10-3b-503, Mayor in a metro township included in a municipal services
9669 district.
9670 Section 10-3b-504, Council in a metro township that is included in a municipal
9671 services district.
9672 Section 10-3c-101, Title.
9673 Section 10-3c-102, Definitions.
9674 Section 10-3c-103, Status and powers.
9675 Section 10-3c-201, Title.
9676 Section 10-3c-202, Budget.
9677 Section 10-3c-203, Administrative and operational services -- Staff provided by
9678 county or municipal services district -- Recording of open meetings.
9679 Section 10-3c-204, Taxing authority limited -- Notice.
9680 Section 10-3c-205, Fees.
9681 Section 52-1-5.1, Metro township officers -- Where filed.
9682 Section 120. Effective date.
9683 This bill takes effect on May 1, 2024 with the exception of the changes in Sections
9684 10-2-425 (Effective 07/01/24) and 53-2d-101 (Effective 07/01/24), which take effect on July 1,
9685 2024.