Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 324 First Substitute (2017GS)

Sponsor

Rep. Cutler, B. R.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a local government to post a required notice of a local budget hearing on the local government's website where applicable; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LOCAL BUDGET HEARING NOTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bruce R. Cutler
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill requires a local government to post a required notice of a local budget hearing
on the local government's website where applicable.
Highlighted Provisions:
This bill:
▸ requires a local government to post a required notice of a local budget hearing on
the local government's website where applicable; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-5-107
, as last amended by Laws of Utah 2016, Chapter 353
10-5-108
, as last amended by Laws of Utah 2010, Chapters 90 and 116
10-6-113
, as last amended by Laws of Utah 2010, Chapters 90 and 116
17-36-12
, as last amended by Laws of Utah 2010, Chapter 90
17-36-26
, as last amended by Laws of Utah 2014, Chapter 176
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-5-107
 is amended to read:
10-5-107.
Tentative budgets required for public inspection -- Contents --
Adoption of tentative budget.
(1) (a) On or before the first regularly scheduled town council meeting of May, the
mayor shall:
(i) in accordance with Subsection (1)(b), prepare for the ensuing year a tentative budget
for each fund for which a budget is required;
(ii) make the tentative budget available for public inspection; and
(iii) submit the tentative budget to the town council.
(b) The tentative budget for each fund shall set forth in tabular form:
(i) actual revenues and expenditures in the last completed fiscal year;
(ii) estimated total revenues and expenditures for the current fiscal year; and
(iii) the mayor's estimates of revenues and expenditures for the budget year.
(2) (a) The mayor shall:
(i) estimate the amount of revenue available to serve the needs of each fund;
(ii) estimate the portion to be derived from all sources other than general property
taxes; and
(iii) estimate the portion that shall be derived from general property taxes.
(b) From the estimates required by Subsection (2)(a), the mayor shall compute and
disclose in the budget the lowest rate of property tax levy that will raise the required amount of
revenue, calculating the levy on the latest taxable value.
(3) A governing body may spend or transfer money deposited in an enterprise fund for
a good, service, project, venture, or other purpose that is not directly related to the goods or
services provided by the enterprise for which the enterprise fund was created, if the governing
body:
(a) transfers the money from the enterprise fund to another fund; and
(b) complies with the hearing and notice requirements of Subsections (5)(a), (b), and
(c).
(4) (a) Before the public hearing required under Section 
10-5-108
, the town council:
(i) shall review, consider, and tentatively adopt the tentative budget in any regular
meeting or special meeting called for that purpose; and
(ii) may amend or revise the tentative budget.
(b) At the meeting at which the town council adopts the tentative budget, the council
shall establish the time and place of the public hearing required under Section 
10-5-108
.
(5) (a) Except as provided in Subsection (5)(d), if a town council includes in a tentative
budget, or an amendment to a budget, allocations or transfers from an enterprise fund to
another fund for a good, service, project, venture, or purpose other than reasonable allocations
of costs between the enterprise fund and the other fund, the governing body shall:
(i) hold a public hearing;
(ii) prepare a written notice of the date, time, place, and purpose of the hearing as
described in Subsection (5)(b); [
and
]
(iii) subject to Subsection (5)(c), mail the notice to each enterprise fund customer at
least seven days before the day of the hearing[
.
]
; and
(iv) publish the notice or a link to the notice on the home page of the website of the
town or metro township, if the town or metro township has a publicly viewable website,
beginning at least seven days before the hearing and until the hearing takes place.
(b) The purpose portion of the written notice shall identify:
(i) the enterprise fund from which money is being allocated or transferred;
(ii) the amount being allocated or transferred; and
(iii) the fund to which the money is being allocated or transferred.
(c) The town council:
(i) may print the written notice required under Subsection (5)(a)(ii) on the enterprise
fund customer's bill; and
(ii) shall include the written notice required under Subsection (5)(a)(ii) as separate
notification mailed or transmitted with the enterprise fund customer's bill.
(d) A governing body is not required to repeat the notice and hearing requirements in
this Subsection (5) if the funds to be allocated or transferred for the current year were
previously approved by the governing body during the current year and at a public hearing that
complies with the notice and hearing requirements of this Subsection (5).
Section 2. Section 
10-5-108
 is amended to read:
10-5-108.
Budget hearing -- Notice -- Adjustments.
(1) Prior to the adoption of the final budget or an amendment to a budget, a town
council shall hold a public hearing to receive public comment.
(2) The town council shall provide notice of the place, purpose, and time of the public
hearing by publishing notice at least seven days before the hearing:
(a) (i) at least once in a newspaper of general circulation in the town; or
(ii) if there is no newspaper of general circulation, then by posting the notice in three
public places at least 48 hours [
prior to
] 
before
 the hearing; [
and
]
(b) on the Utah Public Notice Website created in Section 
63F-1-701
[
.
]
; and
(c) on the home page of the website, either in full or as a link, of the town or metro
township, if the town or metro township has a publicly viewable website, until the hearing
takes place.
(3) After the hearing, the town council, subject to Section 
10-5-110
, may adjust
expenditures and revenues in conformity with this chapter.
Section 3. Section 
10-6-113
 is amended to read:
10-6-113.
Budget -- Notice of hearing to consider adoption.
At the meeting at which each tentative budget is adopted, the governing body shall
establish the time and place of a public hearing to consider its adoption and shall order that
notice of the public hearing be published at least seven days prior to the hearing:
(1) (a) in at least one issue of a newspaper of general circulation published in the
county in which the city is located; or
(b) if there is not a newspaper as described in Subsection (1)(a), [
then the notice
required by this section may be posted
] in three public places within the city; [
and
]
(2) on the Utah Public Notice Website created in Section 
63F-1-701
[
.
]
; and
(3) on the home page of the website, either in full or as a link, of the city or metro
township, if the city or metro township has a publicly viewable website, until the hearing takes
place.
Section 4. Section 
17-36-12
 is amended to read:
17-36-12.
Notice of budget hearing.
(1) The governing body shall determine the time and place for the public hearing on the
adoption of the budget.
(2) Notice of such hearing shall be published:
(a) (i) at least seven days before the hearing in at least one newspaper of general
circulation within the county, if there is such a paper; or
(ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
three conspicuous places within the county seven days before the hearing; [
and
]
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for seven days
before the hearing[
.
]
; and
(c) on the home page of the county's website, either in full or as a link, if the county has
a publicly viewable website, beginning at least seven days before the hearing and until the
hearing takes place.
Section 5. Section 
17-36-26
 is amended to read:
17-36-26.
Increase in budgetary fund or county general fund -- Public hearing.
(1) Before the governing body may, by resolution, increase a budget appropriation of
any budgetary fund, increase the budget of the county general fund, or make an amendment to a
budgetary fund or the county general fund, the governing body shall hold a public hearing
giving all interested parties an opportunity to be heard.
(2) Notice of the public hearing described in Subsection (1) shall be published at least
five days before the day of the hearing:
(a) (i) in at least one issue of a newspaper generally circulated in the county; or
(ii) if there is not a newspaper generally circulated in the county, the hearing may be
published by posting notice in three conspicuous places within the county; [
and
]
(b) on the Utah Public Notice Website created under Section 
63F-1-701
[
.
]
; and
(c) on the home page of the county's website, either in full or as a link, if the county has
a publicly viewable website, until the hearing takes place.