Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 139 First Substitute (2015GS)

Sponsor

Sen. Stevenson, J.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions related to the creation of a special service district administrative control board;
• amends provisions governing the annexation of an area into or addition of a service provided by a special service district; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

SERVICE DISTRICT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jerry W. Stevenson
House Sponsor: 
Stephen G. Handy
LONG TITLE
General Description:
This bill amends provisions related to a special service district.
Highlighted Provisions:
This bill:
▸ amends provisions related to the creation of a special service district administrative
control board;
▸ amends provisions governing the annexation of an area into or addition of a service
provided by a special service district; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17D-1-301
, as last amended by Laws of Utah 2009, Chapter 356
17D-1-401
, as last amended by Laws of Utah 2009, Chapter 92
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17D-1-301
 is amended to read:
17D-1-301.
Governance of a special service district -- Authority to create and
delegate authority to an administrative control board -- Limitations on authority to
delegate.
(1) Each special service district shall be governed by the legislative body of the county
or municipality that creates the special service district, subject to any delegation under this
section of a right, power, or authority to an administrative control board.
(2) At the time a special service district is created or at any time thereafter, the
legislative body of a county or municipality that creates a special service district may, by
resolution or ordinance:
(a) create an administrative control board for the special service district; [
and
]
(b) subject to Subsection (3), delegate to the administrative control board the exercise
of any right, power, or authority that the legislative body possesses with respect to the
governance of the special service district[
.
]
; and
(c) specify the members of the initial administrative control board by name or other
designation that clearly identifies each member of the initial administrative control board.
(3) A county or municipal legislative body may not delegate to an administrative
control board of a special service district the power to:
(a) annex an area to an existing special service district or add a service within the area
of an existing special service district under Part 4, Annexing a New Area and Adding a New
Service;
(b) designate, under Section 
17D-1-107
, the classes of special service district contracts
that are subject to Title 11, Chapter 39, Building Improvements and Public Works Projects;
(c) levy a tax on the taxable property within the special service district;
(d) issue special service district bonds payable from taxes;
(e) call or hold an election for the authorization of a property tax or the issuance of
bonds;
(f) levy an assessment;
(g) issue interim warrants or bonds payable from an assessment; or
(h) appoint a board of equalization under Section 
11-42-403
.
(4) (a) A county or municipal legislative body that has delegated a right, power, or
authority under this section to an administrative control board may at any time modify, limit, or
revoke any right, power, or authority delegated to the administrative control board.
(b) A modification, limitation, or revocation under Subsection (4)(a) does not affect the
validity of an action taken by an administrative control board before the modification,
limitation, or revocation.
Section 2. Section 
17D-1-401
 is amended to read:
17D-1-401.
Annexing an area or adding a service to an existing special service
district.
(1) Except as provided in Subsections (3) and (4), a county or municipal legislative
body 
acting as the governing body of the special service district
 may, as provided in this part:
(a) annex an area to an existing special service district to provide to that area a service
that the special service district is authorized to provide;
(b) add a service under Section 
17D-1-201
 within the area of an existing special service
district that the special service district is not already authorized to provide; or
(c) both annex an area under Subsection (1)(a) and add a service under Subsection
(1)(b).
(2) Except for Section 
17D-1-209
, the provisions of Part 2, Creating a Special Service
District, apply to and govern the process of annexing an area to an existing special service
district or adding a service that the special service district is not already authorized to provide,
to the same extent as if the annexation or addition were the creation of a special service district.
(3) A county or municipal legislative body may not:
(a) annex an area to an existing special service district if a local district provides to that
area the same service that the special service district is proposed to provide to the area, unless
the local district consents to the annexation; or
(b) add a service within the area of an existing special service district if a local district
provides to that area the same service that is proposed to be added, unless the local district
consents to the addition.
(4) A county or municipal legislative body may not annex an area to an existing special
service district or add a service within the area of an existing special service district if the
creation of a special service district including that area or providing that service would not be
allowed under Part 2, Creating a Special Service District.
(5) A county or municipal legislative body may not annex an area to an existing special
service district or add a service within the area of an existing special service district if the area
is located within a project area described in a project area plan adopted by the military
installation development authority under Title 63H, Chapter 1, Military Installation
Development Authority Act, unless the county or municipal legislative body has first obtained
the authority's approval.