Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 151 (2018GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Utah Population Committee and provides for the committee's membership and duties;
• with exceptions, requires an executive, legislative, or independent entity to use estimates produced by the Utah Population Committee;
• changes all references in the state code from the Utah Population Estimates Committee to the Utah Population Committee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UTAH POPULATION ESTIMATES PRODUCTION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill creates the Utah Population Committee.
Highlighted Provisions:
This bill:
▸ creates the Utah Population Committee and provides for the committee's
membership and duties;
▸ with exceptions, requires an executive, legislative, or independent entity to use
estimates produced by the Utah Population Committee;
▸ changes all references in the state code from the Utah Population Estimates
Committee to the Utah Population Committee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-602
, as last amended by Laws of Utah 2000, Chapter 318
10-2-711
, as last amended by Laws of Utah 2009, Chapter 350
10-2a-302
, as last amended by Laws of Utah 2017, Chapters 181 and 452
10-2a-302.5
, as enacted by Laws of Utah 2017, Chapter 452
17-27a-901
, as last amended by Laws of Utah 2017, Chapter 448
17-50-502
, as enacted by Laws of Utah 2000, Chapter 318
17B-2a-807
, as last amended by Laws of Utah 2017, Chapter 70
20A-13-103
, as last amended by Laws of Utah 2013, Chapter 383
20A-14-102.1
, as last amended by Laws of Utah 2013, Chapter 455
26-18-501
, as last amended by Laws of Utah 2016, Chapter 276
26-46a-102
, as enacted by Laws of Utah 2015, Chapter 136
26A-1-115
, as last amended by Laws of Utah 2002, Chapter 249
32B-2-402
, as last amended by Laws of Utah 2016, Chapters 158 and 176
35A-2-101
, as last amended by Laws of Utah 2016, Chapter 296
36-1-104
, as last amended by Laws of Utah 2013, Chapter 454
36-1-203
, as last amended by Laws of Utah 2013, Chapter 382
59-12-205
, as last amended by Laws of Utah 2017, Chapters 230 and 385
59-12-2219
, as last amended by Laws of Utah 2016, Chapter 373
62A-15-611
, as last amended by Laws of Utah 2011, Chapter 187
67-1a-2
, as last amended by Laws of Utah 2015, Chapter 352
72-2-108
, as last amended by Laws of Utah 2017, Chapter 144
78B-1-110
, as last amended by Laws of Utah 2017, Chapter 115
ENACTS:
63C-19-101
, Utah Code Annotated 1953
63C-19-102
, Utah Code Annotated 1953
63C-19-103
, Utah Code Annotated 1953
63C-19-104
, Utah Code Annotated 1953
63C-19-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-602
 is amended to read:
10-2-602.
Contents of resolution or petition.
(1) The resolution of the governing body or the petition of the electors shall include:
(a) a statement fully describing each of the areas to be included within the consolidated
municipality;
(b) the name of the proposed consolidated municipality; and
(c) the names of the municipalities to be consolidated.
(2) (a) The resolution or petition shall state the population of each of the municipalities
within the area of the proposed consolidated municipality and the total population of the
proposed consolidated municipality.
(b) (i) The population figure under Subsection (2)(a) shall be derived from the most
recent official census or census estimate of the United States Bureau of the Census.
(ii) If the population figure is not available from the United States Bureau of the
Census, the population figure shall be derived from the estimate from the Utah Population
[
Estimates
] Committee.
Section 2. Section 
10-2-711
 is amended to read:
10-2-711.
Dissolution by the county legislative body.
(1) (a) A municipality having fewer than 50 residents may be dissolved on application
to the district court by the county legislative body of the county where the municipality is
located.
(b) (i) The population figure under Subsection (1)(a) shall be derived from the most
recent official census or census estimate of the United States Bureau of the Census.
(ii) If the population figure is not available from the United States Bureau of the
Census, the population figure shall be derived from the estimate from the Utah Population
[
Estimates
] Committee.
(2) Notice of the application shall be served on the municipality in the manner
prescribed by law or by publication in the manner provided by law if the municipal authorities
cannot be served.
(3) The district court may enter an order approving the dissolution of the municipality
on a finding that the existence of the municipality serves no valid municipal purpose, its
existence is a sham, or on a clear and convincing showing that the best interests of the
community would be served by the dissolution.
(4) If the municipality is dissolved, the district court shall wind down the affairs and
dissolve the municipality as quickly as possible in the same manner as is provided in Sections
10-2-705
 through 
10-2-709
.
Section 3. Section 
10-2a-302
 is amended to read:
10-2a-302.
Incorporation of a town -- Petition.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the
land would be assessed without regard to a valuation for agricultural use under Section
59-2-503
.
(b) "Feasibility consultant" means a person or firm:
(i) with expertise in the processes and economics of local government; and
(ii) who is independent of and not affiliated with a county or sponsor of a petition to
incorporate.
(c) "Financial feasibility study" means a study described in Subsection (7).
(d) "Municipal service" means a publicly provided service that is not provided on a
countywide basis.
(e) "Nonurban" means having a residential density of less than one unit per acre.
(2) (a) This section applies to individuals who seek to initiate the process of
incorporating a town before May 9, 2017.
(b) (i) A contiguous area of a county not within a municipality, with a population of at
least 100 but less than 1,000, may incorporate as a town as provided in this section.
(ii) An area within a county of the first class is not contiguous for purposes of
Subsection (2)(b)(i) if:
(A) the area includes a strip of land that connects geographically separate areas; and
(B) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
(c) The population figure under Subsection (2)(b) shall be determined:
(i) as of the date the incorporation petition is filed; and
(ii) by the Utah Population [
Estimates
] Committee within 20 days after the county
clerk's certification under Subsection (6) of a petition filed under Subsection (4).
(3) (a) Individuals may initiate the process to incorporate an area as a town by
circulating a petition to incorporate the area as a town.
(b) The individuals must file the petition with the Office of the Lieutenant Governor no
later than January 2, 2018 for the petition to be valid.
(c) A petition under Subsection (3)(b) shall:
(i) be signed by:
(A) the owners of private real property that:
(I) is located within the area proposed to be incorporated; and
(II) is equal in assessed value to more than 1/5 of the assessed value of all private real
property within the area; and
(B) 1/5 of all registered voters within the area proposed to be incorporated as a town,
according to the official voter registration list maintained by the county on the date the petition
is filed;
(ii) designate as sponsors at least five of the property owners who have signed the
petition, one of whom shall be designated as the contact sponsor, with the mailing address of
each owner signing as a sponsor;
(iii) be accompanied by and circulated with an accurate map or plat, prepared by a
licensed surveyor, showing a legal description of the boundary of the proposed town; and
(iv) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable Lieutenant Governor:
We, the undersigned owners of real property and registered voters within the area
described in this petition, respectfully petition the lieutenant governor to direct the county
legislative body to submit to the registered voters residing within the area described in this
petition, at the next regular general election, the question of whether the area should
incorporate as a town. Each of the undersigned affirms that each has personally signed this
petition and is an owner of real property or a registered voter residing within the described area,
and that the current residence address of each is correctly written after the signer's name. The
area proposed to be incorporated as a town is described as follows: (insert an accurate
description of the area proposed to be incorporated).
(d) A petition under this Subsection (3) may not describe an area that includes some or
all of an area proposed for annexation in an annexation petition under Section 
10-2-403
 that:
(i) was filed before the filing of the petition; and
(ii) is still pending on the date the petition is filed.
(e) A petition may not be filed under this section if the private real property owned by
the petition sponsors, designated under Subsection (3)(c)(ii), cumulatively exceeds 40% of the
total private land area within the area proposed to be incorporated as a town.
(f) A signer of a petition under this Subsection (3) may withdraw or, after withdrawn,
reinstate the signer's signature on the petition:
(i) at any time until the lieutenant governor certifies the petition under Subsection (5);
and
(ii) by filing a signed, written withdrawal or reinstatement with the lieutenant governor.
(4) (a) If a petition is filed under Subsection (3)(b) proposing to incorporate as a town
an area located within a county of the first class, the lieutenant governor shall deliver written
notice of the proposed incorporation:
(i) to each owner of private real property owning more than 1% of the assessed value
of all private real property within the area proposed to be incorporated as a town; and
(ii) within seven calendar days after the date on which the petition is filed.
(b) A private real property owner described in Subsection (4)(a)(i) may exclude all or
part of the owner's property from the area proposed to be incorporated as a town by filing a
notice of exclusion:
(i) with the lieutenant governor; and
(ii) within 10 calendar days after receiving the clerk's notice under Subsection (4)(a).
(c) The lieutenant governor shall exclude from the area proposed to be incorporated as
a town the property identified in the notice of exclusion under Subsection (4)(b) if:
(i) the property:
(A) is nonurban; and
(B) does not and will not require a municipal service; and
(ii) exclusion will not leave an unincorporated island within the proposed town.
(d) If the lieutenant governor excludes property from the area proposed to be
incorporated as a town, the lieutenant governor shall send written notice of the exclusion to the
contact sponsor within five days after the exclusion.
(5) No later than 20 days after the filing of a petition under Subsection (3), the
lieutenant governor shall:
(a) with the assistance of other county officers of the county in which the incorporation
is proposed from whom the lieutenant governor requests assistance, determine whether the
petition complies with the requirements of Subsection (3); and
(b) (i) if the lieutenant governor determines that the petition complies with those
requirements:
(A) certify the petition; and
(B) mail or deliver written notification of the certification to[
: (I)
] the contact
sponsor[
;
] and [
(II)
] the Utah Population [
Estimates
] Committee; or
(ii) if the lieutenant governor determines that the petition fails to comply with any of
those requirements, reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(6) (a) (i) A petition that is rejected under Subsection (5)(b)(ii) may be amended to
correct a deficiency for which it was rejected and then refiled with the lieutenant governor.
(ii) A valid signature on a petition filed under Subsection (3)(b) may be used toward
fulfilling the signature requirement of Subsection (3)(c) for the same petition that is amended
under Subsection (6)(a)(i) and then refiled with the lieutenant governor.
(b) If a petition is amended and refiled under Subsection (6)(a)(i) after having been
rejected by the lieutenant governor under Subsection (5)(b)(ii):
(i) the amended petition shall be considered as a newly filed petition; and
(ii) the amended petition's processing priority is determined by the date on which it is
refiled.
(7) (a) (i) If a petition is filed under Subsection (3) and certified under Subsection (5),
the lieutenant governor shall commission and pay for a financial feasibility study.
(ii) The feasibility consultant shall be chosen:
(A) (I) by the contact sponsor of the incorporation petition, as described in Subsection
(3)(c)(ii), with the consent of the lieutenant governor; or
(II) by the lieutenant governor if the contact sponsor states, in writing, that the sponsor
defers selection of the feasibility consultant to the lieutenant governor; and
(B) in accordance with applicable county procurement procedure.
(iii) The lieutenant governor shall require the feasibility consultant to complete the
financial feasibility study and submit written results of the study to the lieutenant governor no
later than 30 days after the feasibility consultant is engaged to conduct the financial feasibility
study.
(b) The financial feasibility study shall consider the:
(i) population and population density within the area proposed for incorporation and
the surrounding area;
(ii) current and five-year projections of demographics and economic base in the
proposed town and surrounding area, including household size and income, commercial and
industrial development, and public facilities;
(iii) projected growth in the proposed town and in adjacent areas during the next five
years;
(iv) subject to Subsection (7)(c), the present and five-year projections of the cost,
including overhead, of governmental services in the proposed town, including:
(A) culinary water;
(B) secondary water;
(C) sewer;
(D) law enforcement;
(E) fire protection;
(F) roads and public works;
(G) garbage;
(H) weeds; and
(I) government offices;
(v) assuming the same tax categories and tax rates as currently imposed by the county
and all other current service providers, the present and five-year projected revenue for the
proposed town; and
(vi) a projection of any new taxes per household that may be levied within the
incorporated area within five years of incorporation.
(c) (i) For purposes of Subsection (7)(b)(iv), the feasibility consultant shall assume a
level and quality of governmental services to be provided to the proposed town in the future
that fairly and reasonably approximate the level and quality of governmental services being
provided to the proposed town at the time of the feasibility study.
(ii) In determining the present cost of a governmental service, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed town to provide governmental service for
the first five years after incorporation; and
(B) the county's present and five-year projected cost of providing governmental
service.
(iii) The costs calculated under Subsection (7)(b)(iv), shall take into account inflation
and anticipated growth.
(d) If the five year projected revenues under Subsection (7)(b)(v) exceed the five-year
projected costs under Subsection (7)(b)(iv) by more than 10%, the feasibility consultant shall
project and report the expected annual revenue surplus to the contact sponsor and the lieutenant
governor.
(e) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
governor's website and make a copy available for public review at the Office of the Lieutenant
Governor.
(f) The lieutenant governor shall approve a certified petition proposing the
incorporation of a town and hold a public hearing as provided in Section 
10-2a-303
.
Section 4. Section 
10-2a-302.5
 is amended to read:
10-2a-302.5.
Incorporation of a town -- Petition.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the
land would be assessed without regard to a valuation for agricultural use under Section
59-2-503
.
(b) (i) "Municipal services" means any of the following that are publicly provided:
(A) culinary water;
(B) secondary water;
(C) sewer service;
(D) law enforcement service;
(E) fire protection;
(F) roads;
(G) refuse collection; or
(H) weed control.
(ii) "Municipal services" includes the physical facilities required to provide a service
described in Subsection (1)(b)(i).
(2) (a) This section applies to individuals who seek to initiate the process of
incorporating a town on or after May 9, 2017.
(b) Individuals who reside in a contiguous area of a county that is not within a
municipality may incorporate as a town as provided in this section if:
(i) the area has a population of at least 100 people, but less than 1,000 people; and
(ii) at least 50% of the voting eligible population in the area are registered voters.
(c) An area within a county of the first class is not contiguous for purposes of
Subsection (2)(b) if:
(i) the area includes a strip of land that connects geographically separate areas; and
(ii) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
(3) (a) Individuals described in Subsection (2) may initiate the process of incorporating
a town by filing an application for an incorporation petition with the lieutenant governor that
contains:
(i) the name and residential address of at least five sponsors of the petition who meet
the qualifications described in Subsection (3)(b) for a sponsor and Subsection (7) for a petition
signer;
(ii) a statement certifying that each of the sponsors:
(A) is a resident of the state; and
(B) has voted in a regular general election or municipal general election in the state
within the last three years;
(iii) the signature of each sponsor, attested to by a notary public;
(iv) the name of a sponsor who is designated as the contact sponsor;
(v) consistent with the requirements described in Subsection (3)(c), an accurate map or
plat, prepared by a licensed surveyor, showing a legal description of the boundary of the
proposed town; and
(vi) a statement indicating whether persons may be paid for gathering signatures for the
petition.
(b) Sponsors may not file a petition under this section if the cumulative private real
property that the petition sponsors own exceeds 40% of the total private land area within the
boundaries of the proposed town.
(c) A map described in Subsection (3)(a)(v) may not include an area proposed for
annexation in an annexation petition described in Section 
10-2-403
 that is pending on the day
on which the application for the incorporation petition is filed.
(4) (a) If the lieutenant governor determines that an incorporation petition application
complies with the requirements described in Subsection (3)(a), the lieutenant governor shall
accept the application and mail or transmit written notification of the acceptance to:
(i) the contact sponsor; and
(ii) the Utah Population [
Estimates
] Committee.
(b) If the lieutenant governor determines that an application does not comply with the
requirements described in Subsection (3)(a), the lieutenant governor shall reject the application
and mail or transmit written notification of the rejection, including the reason for the rejection,
to the contact sponsor.
(5) (a) Within 20 days after the day on which the lieutenant governor accepts an
application under Subsection (4)(a), the Utah Population [
Estimates
] Committee shall:
(i) determine the population of the proposed town as of the date the application was
filed under Subsection (3) for the proposed town; and
(ii) provide that determination to the lieutenant governor.
(b) If the Utah Population [
Estimates
] Committee determines that the population of the
proposed town does not meet the requirements described in Subsection (2)(b)(i), the lieutenant
governor shall rescind the acceptance described in Subsection (4)(a) and reject the application
in accordance with Subsection (4)(b).
(6) Within 30 days after the day on which the lieutenant governor receives the
determination described in Subsection (5)(b) but before collecting signatures under Subsection
(7), the sponsors of the incorporation petition shall hold a public hearing at which the public
may:
(a) review the map or plat of the proposed town described in Subsection (3)(a)(v);
(b) ask questions and receive information about the incorporation of the proposed
town; and
(c) express views about the proposed incorporation, including views regarding the
boundary of the proposed town.
(7) (a) If, after holding the public hearing described in Subsection (6), the sponsors
wish to proceed with the proposed incorporation, the sponsors shall circulate an incorporation
petition that, in order to be declared sufficient under Subsection (8)(b)(i), must be signed by:
(i) the owners of private real property that:
(A) is located within the boundaries of the proposed town; and
(B) is collectively greater than or equal to 20% of the assessed value of all private real
property within the boundaries of the proposed town; and
(ii) 20% of the registered voters residing within the boundaries of the proposed town,
as of the day on which the petition is filed.
(b) The petition sponsors shall ensure that the petition is:
(i) accompanied by and circulated with a copy of the map described in Subsection
(3)(a)(v); and
(ii) printed in substantially the following form:
"PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable Lieutenant Governor:
We, the undersigned, respectfully petition the lieutenant governor to direct the county to
submit to the registered voters residing within the area described in this petition, in an election,
the question of whether the area should incorporate as a town. Each of the undersigned affirms
that each has personally signed this petition and is an owner of real property located within, or
is a registered voter residing within, the described area, and that the current residence address
of each is correctly written after the signer's name. The area we propose for incorporation as a
town is described as follows: (insert an accurate description of the area proposed to be
incorporated)."
(c) An individual who signs a petition described in this Subsection (7) may withdraw
or reinstate the individual's signature by filing a written, signed statement with the lieutenant
governor before the lieutenant governor certifies the petition signatures under Subsection (8).
(d) The petition sponsors shall submit a completed petition to the lieutenant governor
no later than 316 days after the day on which the sponsors submit the application described in
Subsection (3)(a) to the lieutenant governor.
(8) No later than 20 days after the day on which the sponsors submit the petition to the
lieutenant governor under Subsection (7)(d), the lieutenant governor shall:
(a) determine whether the petition complies with the requirements described in
Subsection (7); and
(b) (i) if the lieutenant governor determines that the petition complies with the
requirements described in Subsection (7):
(A) certify the petition as sufficient; and
(B) mail or deliver written notification of the certification to the contact sponsor; or
(ii) if the lieutenant governor determines that the petition does not comply with the
requirements described in Subsection (7):
(A) reject the petition; and
(B) notify the contact sponsor in writing of the rejection and the reasons for the
rejection.
(9) (a) Petition sponsors may amend a petition that the lieutenant governor rejected
under Subsection (8)(b)(ii) by:
(i) correcting the reason for which the lieutenant governor rejects the petition; and
(ii) submitting an amended petition to the lieutenant governor no later than the deadline
described in Subsection (7)(d).
(b) A valid signature on a petition that the lieutenant governor rejects under Subsection
(8)(b)(ii) is valid for an amended petition that the petition sponsors submit to the lieutenant
governor under Subsection (9)(a).
(c) The lieutenant governor shall review an amended petition in accordance with
Subsection (8).
(d) The sponsors of an incorporation petition may not amend the petition more than
once.
(10) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
Subsection (8), the lieutenant governor shall, within seven days after the day on which the
lieutenant governor certifies the petition, mail or transmit written notice of the proposed
incorporation to each person who owns private real property that:
(i) is located within the boundaries of the proposed town; and
(ii) has a value that is greater than or equal to 1% of the assessed value of all private
real property within the boundaries of the proposed town.
(b) A person described in Subsection (10)(a) may request that the lieutenant governor
exclude all or part of the person's property from boundaries of the proposed town if:
(i) the property does not require, and is not expected to require, a municipal service
that the proposed town will provide; and
(ii) exclusion of the property will not leave an unincorporated island within the
proposed town.
(c) (i) To request exclusion under this Subsection (10), a person described in
Subsection (10)(a) shall file a written request with the lieutenant governor within 10 days after
the day on which the person receives the notice described in Subsection (10)(a).
(ii) The notice shall describe the property for which the person requests exclusion.
(d) (i) The lieutenant governor shall exclude property from the boundaries of the
proposed town if the property is described in a written request filed under Subsection (10)(c)
and meets the requirements described in Subsection (10)(b).
(ii) Within five days after the lieutenant governor excludes the property, the lieutenant
governor shall mail or transmit written notice of the exclusion to the person who filed the
request and to the contact sponsor.
(11) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
Subsection (8), the lieutenant governor shall, in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, procure the services of a feasibility consultant to conduct a financial
feasibility study on the proposed incorporation.
(b) The lieutenant governor shall ensure that a feasibility consultant selected under
Subsection (11)(a):
(i) has expertise in the processes and economics of local government; and
(ii) is not affiliated with:
(A) a sponsor of the incorporation petition to which the feasability study relates; or
(B) the county in which the proposed town is located.
(c) The lieutenant governor shall require the feasibility consultant to complete the
financial feasibility study and submit written results of the study to the lieutenant governor no
later than 60 days after the day on which the lieutenant governor procures the services of the
feasibility consultant.
(d) The financial consultant shall ensure that the financial feasibility study includes:
(i) an analysis of the population and population density within the boundaries of the
proposed town and the surrounding area;
(ii) the current and projected five-year demographics of, and tax base within, the
boundaries of the proposed town and the surrounding area, including household size and
income, commercial and industrial development, and public facilities;
(iii) subject to Subsection (11)(e), the current and five-year projected cost of providing
municipal services to the proposed town, including administrative costs;
(iv) assuming the same tax categories and tax rates as currently imposed by the county
and all other current municipal services providers, the present and five-year projected revenue
for the proposed town;
(v) a projection of the tax burden per household of any new taxes that may be levied
within the proposed town within five years of the town's incorporation; and
(vi) if the lieutenant governor excludes property from the proposed town under
Subsection (10)(d), an update to the map and legal description described in Subsection
(3)(a)(v).
(e) (i) For purposes of Subsection (11)(d)(iii), the feasibility consultant shall assume
that the proposed town will provide a level and quality of municipal services that fairly and
reasonably approximate the level and quality of municipal services that are provided to the
proposed town at the time the feasibility consultant conducts the feasibility study.
(ii) In determining the present cost of municipal services, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed town to provide the municipal services for
the first five years after the town's incorporation; and
(B) the current municipal services provider's present and five-year projected cost of
providing the municipal services.
(iii) In calculating the costs described in Subsection (11)(d)(iii), the feasibility
consultant shall account for inflation and anticipated growth.
(f) If the five-year projected revenues described in Subsection (11)(d)(iv) exceed the
five-year projected costs described in Subsection (11)(d)(iii) by more than 10%, the feasibility
consultant shall project and report the expected annual revenue surplus to the contact sponsor
and the lieutenant governor.
(g) The lieutenant governor shall publish the feasibility study on the lieutenant
governor's website and make a copy of the feasibility study available for public review at the
Office of the Lieutenant Governor.
(12) After the lieutenant governor conducts the feasibility study, the lieutenant
governor shall hold a public hearing in accordance with Section 
10-2a-303
.
Section 5. Section 
17-27a-901
 is amended to read:
17-27a-901.
Mountainous planning district.
(1) (a) The legislative body of a county of the first class may adopt an ordinance
designating an area located within the county as a mountainous planning district if the
legislative body determines that:
(i) the area is primarily used for recreational purposes, including canyons, foothills, ski
resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the
Wasatch Range;
(ii) the area is used by residents of the county who live inside and outside the limits of
a municipality;
(iii) the total resident population in the proposed mountainous planning district is equal
to or less than 5% of the population of the county;
(iv) the area is within the unincorporated area of the county or was within the
unincorporated area of the county before May 12, 2015; and
(v) the area includes land designated as part of a national forest on or before May 9,
2017.
(b) (i) A mountainous planning district may include within its boundaries a
municipality, whether in whole or in part.
(ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district
includes within its boundaries an unincorporated area, and that area subsequently incorporates
as a municipality:
(A) the area of the incorporated municipality that is located in the mountainous
planning district is included within the mountainous planning district boundaries; and
(B) property within the municipality that is also within the mountainous planning
district is subject to the authority of the mountainous planning district.
(iii) A subdivision and zoning ordinance that governs property located within a
mountainous planning district shall control over any subdivision or zoning ordinance, as
applicable, that a municipality may adopt.
(iv) A county shall allow an area within the boundaries of a mountainous planning
district to withdraw from the mountainous planning district if:
(A) the area contains less than 100 acres;
(B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4,
Annexation;
(C) the county determines that the area does not contain United States Forest Service
land or land that is designated as watershed; and
(D) the county determines that the area is not used by individuals for recreational
purposes. 
(v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous
planning district is not subject to the authority of the mountainous planning district.
(c) The population figure under Subsection (1)(a)(iii) shall be derived from a
population estimate by the Utah Population [
Estimates
] Committee.
(d) If any portion of a proposed mountainous planning district includes a municipality
with a land base of five square miles or less, the county shall ensure that all of that municipality
is wholly located within the boundaries of the mountainous planning district.
(2) (a) Notwithstanding Subsection 
10-9a-102
(2), 
17-34-1
(2)(a), or 
17-50-302
(1)(b), or
Section 
17-50-314
, a county may adopt a general plan and adopt a zoning or subdivision
ordinance for a property that is located within:
(i) a mountainous planning district; and
(ii) a municipality.
(b) A county plan or zoning or subdivision ordinance governs a property described in
Subsection (2)(a).
(3) A planning commission with jurisdiction over a mountainous planning district in a
county of the first class shall submit a report that summarizes actions the planning commission
has taken and any recommendations regarding the mountainous planning district to the
Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later
than November 30 of each year.
Section 6. Section 
17-50-502
 is amended to read:
17-50-502.
Change of class of county.
(1) Each county shall retain its classification under Section 
17-50-501
 until changed as
provided in this section.
(2) The lieutenant governor shall monitor the population figure for each county as
shown on:
(a) each official census or census estimate of the United States Bureau of the Census;
or
(b) if the population figure for a county is not available from the United States Bureau
of the Census, the population estimate from the Utah Population [
Estimates
] Committee.
(3) If the applicable population figure under Subsection (2) indicates that a county's
population has increased beyond the limit for its current class, the lieutenant governor shall:
(a) prepare a certificate indicating the class in which the county belongs based on the
increased population figure; and
(b) within 10 days after preparing the certificate, deliver a copy of the certificate to the
legislative body and, if the county has an executive that is separate from the legislative body,
the executive of the county whose class was changed.
(4) A county's change in class is effective on the date of the lieutenant governor's
certificate under Subsection (3).
Section 7. Section 
17B-2a-807
 is amended to read:
17B-2a-807.
Public transit district board of trustees -- Appointment --
Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
(1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
district, the board of trustees shall consist of members appointed by the legislative bodies of
each municipality, county, or unincorporated area within any county on the basis of one
member for each full unit of regularly scheduled passenger routes proposed to be served by the
district in each municipality or unincorporated area within any county in the following calendar
year.
(b) For purposes of determining membership under Subsection (1)(a), the number of
service miles comprising a unit shall be determined jointly by the legislative bodies of the
municipalities or counties comprising the district.
(c) The board of trustees of a public transit district under this Subsection (1) may
include a member that is a commissioner on the Transportation Commission created in Section
72-1-301
 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
officio member.
(d) Members appointed under this Subsection (1) shall be appointed and added to the
board or omitted from the board at the time scheduled routes are changed, or as municipalities,
counties, or unincorporated areas of counties annex to or withdraw from the district using the
same appointment procedures.
(e) For purposes of appointing members under this Subsection (1), municipalities,
counties, and unincorporated areas of counties in which regularly scheduled passenger routes
proposed to be served by the district in the following calendar year is less than a full unit, as
defined in Subsection (1)(b), may combine with any other similarly situated municipality or
unincorporated area to form a whole unit and may appoint one member for each whole unit
formed.
(2) (a) Subject to Section 
17B-2a-807.5
, if more than 200,000 people reside within the
boundaries of a public transit district, the board of trustees shall consist of:
(i) 11 members:
(A) appointed as described under this Subsection (2); or
(B) retained in accordance with Section 
17B-2a-807.5
;
(ii) three members appointed as described in Subsection (4);
(iii) one voting member appointed as provided in Subsection (11); and
(iv) one nonvoting member appointed as provided in Subsection (12).
(b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
members to each county within the district using an average of:
(i) the proportion of population included in the district and residing within each county,
rounded to the nearest 1/11 of the total transit district population; and
(ii) the cumulative proportion of transit sales and use tax collected from areas included
in the district and within each county, rounded to the nearest 1/11 of the total cumulative transit
sales and use tax collected for the transit district.
(c) The board shall join an entire or partial county not apportioned a voting member
under this Subsection (2) with an adjacent county for representation. The combined
apportionment basis included in the district of both counties shall be used for the
apportionment.
(d) (i) If rounding to the nearest 1/11 of the total public transit district apportionment
basis under Subsection (2)(b) results in an apportionment of more than 11 members, the county
or combination of counties with the smallest additional fraction of a whole member proportion
shall have one less member apportioned to it.
(ii) If rounding to the nearest 1/11 of the total public transit district apportionment
basis under Subsection (2)(b) results in an apportionment of less than 11 members, the county
or combination of counties with the largest additional fraction of a whole member proportion
shall have one more member apportioned to it.
(e) If the population of a county is at least 750,000, the county executive, with the
advice and consent of the county legislative body, shall appoint one voting member to
represent the population of the county.
(f) If a municipality's population is at least 160,000, the chief municipal executive,
with the advice and consent of the municipal legislative body, shall appoint one voting member
to represent the population within a municipality.
(g) (i) The number of voting members appointed from a county and municipalities
within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
voting member apportionment under this Subsection (2).
(ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
appointed by an appointing entity may be a locally elected public official.
(h) If the entire county is within the district, the remaining voting members for the
county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
the municipalities within the county.
(i) If the entire county is not within the district, and the county is not joined with
another county under Subsection (2)(c), the remaining voting members for the county shall
represent a municipality or combination of municipalities.
(j) (i) Except as provided under Subsections (2)(e) and (f), voting members
representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
within the county shall be designated and appointed by a simple majority of the chief
executives of the municipalities within the county or combinations of counties if Subsection
(2)(c) applies.
(ii) The appointments shall be made by joint written agreement of the appointing
municipalities, with the consent and approval of the county legislative body of the county that
has at least 1/11 of the district's apportionment basis.
(k) Voting members representing a municipality or combination of municipalities shall
be designated and appointed by the chief executive officer of the municipality or simple
majority of chief executive officers of municipalities with the consent of the legislative body of
the municipality or municipalities.
(l) The appointment of members shall be made without regard to partisan political
affiliation from among citizens in the community.
(m) Each member shall be a bona fide resident of the municipality, county, or
unincorporated area or areas which the member is to represent for at least six months before the
date of appointment, and shall continue in that residency to remain qualified to serve as a
member.
(n) (i) All population figures used under this section shall be derived from the most
recent official census or census estimate of the United States Bureau of the Census.
(ii) If population estimates are not available from the United States Bureau of Census,
population figures shall be derived from the estimate from the Utah Population [
Estimates
]
Committee.
(iii) All transit sales and use tax totals shall be obtained from the State Tax
Commission.
(o) (i) The board shall be apportioned as provided under this section in conjunction
with the decennial United States [
Census
] Bureau 
of the Census
 report every 10 years.
(ii) Within 120 days following the receipt of the population estimates under this
Subsection (2)(o), the district shall reapportion representation on the board of trustees in
accordance with this section.
(iii) The board shall adopt by resolution a schedule reflecting the current and proposed
apportionment.
(iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
each of its constituent entities as defined under Section 
17B-1-701
.
(v) The appointing entities gaining a new board member shall appoint a new member
within 30 days following receipt of the resolution.
(vi) The appointing entities losing a board member shall inform the board of which
member currently serving on the board will step down:
(A) upon appointment of a new member under Subsection (2)(o)(v); or
(B) in accordance with Section 
17B-2a-807.5
.
(3) Upon the completion of an annexation to a public transit district under Chapter 1,
Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
same basis as if the area had been included in the district as originally organized.
(4) In addition to the voting members appointed in accordance with Subsection (2), the
board shall consist of three voting members appointed as follows:
(a) one member appointed by the speaker of the House of Representatives;
(b) one member appointed by the president of the Senate; and
(c) one member appointed by the governor.
(5) Except as provided in Section 
17B-2a-807.5
, the terms of office of the members of
the board shall be four years or until a successor is appointed, qualified, seated, and has taken
the oath of office.
(6) (a) Vacancies for members shall be filled by the official appointing the member
creating the vacancy for the unexpired term, unless the official fails to fill the vacancy within
90 days.
(b) If the appointing official under Subsection (1) does not fill the vacancy within 90
days, the board of trustees of the authority shall fill the vacancy.
(c) If the appointing official under Subsection (2) does not fill the vacancy within 90
days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
(7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
ordinances coming before the board of trustees.
(b) A majority of all voting members of the board of trustees are a quorum for the
transaction of business.
(c) The affirmative vote of a majority of all voting members present at any meeting at
which a quorum was initially present shall be necessary and, except as otherwise provided, is
sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
(8) Each public transit district shall pay to each member per diem and travel expenses
for meetings actually attended, in accordance with Section 
11-55-103
.
(9) (a) Members of the initial board of trustees shall convene at the time and place
fixed by the chief executive officer of the entity initiating the proceedings.
(b) The board of trustees shall elect from its voting membership a chair, vice chair, and
secretary.
(c) The members elected under Subsection (9)(b) shall serve for a period of two years
or until their successors shall be elected and qualified.
(d) On or after January 1, 2011, a locally elected public official is not eligible to serve
as the chair, vice chair, or secretary of the board of trustees.
(10) (a) Except as otherwise authorized under Subsections (2)(g) and (10)(b) and
Section 
17B-2a-807.5
, at the time of a member's appointment or during a member's tenure in
office, a member may not hold any employment, except as an independent contractor or locally
elected public official, with a county or municipality within the district.
(b) A member appointed by a county or municipality may hold employment with the
county or municipality if the employment is disclosed in writing and the public transit district
board of trustees ratifies the appointment.
(11) The Transportation Commission created in Section 
72-1-301
:
(a) for a public transit district serving a population of 200,000 people or fewer, may
appoint a commissioner of the Transportation Commission to serve on the board of trustees as
a nonvoting, ex officio member; and
(b) for a public transit district serving a population of more than 200,000 people, shall
appoint a commissioner of the Transportation Commission to serve on the board of trustees as
a voting member.
(12) (a) The board of trustees of a public transit district serving a population of more
than 200,000 people shall include a nonvoting member who represents all municipalities and
unincorporated areas within the district that are located within a county that is not annexed into
the public transit district.
(b) The nonvoting member representing the combination of municipalities and
unincorporated areas described in Subsection (12)(a) shall be designated and appointed by a
weighted vote of the majority of the chief executive officers of the municipalities described in
Subsection (12)(a).
(c) Each municipality's vote under Subsection (12)(b) shall be weighted using the
proportion of the public transit district population that resides within that municipality and the
adjacent unincorporated areas within the same county.
(13) (a) (i) Each member of the board of trustees of a public transit district is subject to
recall at any time by the legislative body of the county or municipality from which the member
is appointed.
(ii) Each recall of a board of trustees member shall be made in the same manner as the
original appointment.
(iii) The legislative body recalling a board of trustees member shall provide written
notice to the member being recalled.
(b) Upon providing written notice to the board of trustees, a member of the board may
resign from the board of trustees.
(c) Except as provided in Section 
17B-2a-807.5
, if a board member is recalled or
resigns under this Subsection (13), the vacancy shall be filled as provided in Subsection (6).
Section 8. Section 
20A-13-103
 is amended to read:
20A-13-103.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Congressional district in the Congressional
shapefile enacted by the Legislature, the county clerk of the affected county, upon discovery of
the omission, shall attach the area to the appropriate Congressional district according to the
requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single Congressional district, the county clerk
shall attach the area to that district.
(3) If the omitted area is contiguous to two or more Congressional districts, the county
clerk shall attach the area to the district that has the least population, as determined by the Utah
Population [
Estimates
] Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 9. Section 
20A-14-102.1
 is amended to read:
20A-14-102.1.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a State Board of Education district in the
Board shapefile enacted by the Legislature, the county clerk of the affected county, upon
discovery of the omission, shall attach the area to the appropriate State Board of Education
district according to the requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single State Board of Education district, the
county clerk shall attach the area to that district.
(3) If the omitted area is contiguous to two or more State Board of Education districts,
the county clerk shall attach the area to the district that has the least population, as determined
by the Utah Population [
Estimates
] Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 10. Section 
26-18-501
 is amended to read:
26-18-501.
Definitions.
As used in this part:
(1) "Certified program" means a nursing care facility program with Medicaid
certification.
(2) "Director" means the director of the Division of Health Care Financing.
(3) "Medicaid certification" means the right of a nursing care facility, as a provider of a
nursing care facility program, to receive Medicaid reimbursement for a specified number of
beds within the facility.
(4) (a) "Nursing care facility" means the following facilities licensed by the department
under Chapter 21, Health Care Facility Licensing and Inspection Act:
(i) skilled nursing facilities;
(ii) intermediate care facilities; and
(iii) an intermediate care facility for people with an intellectual disability.
(b) "Nursing care facility" does not mean a critical access hospital that meets the
criteria of 42 U.S.C. 1395i-4(c)(2) (1998).
(5) "Nursing care facility program" means the personnel, licenses, services, contracts
and all other requirements that shall be met for a nursing care facility to be eligible for
Medicaid certification under this part and division rule.
(6) "Physical facility" means the buildings or other physical structures where a nursing
care facility program is operated.
(7) "Rural county" means a county with a population of less than 50,000, as determined
by:
(a) the most recent official census or census estimate of the United States [
Census
] 
Bureau 
of the Census
; or
(b) the most recent population estimate for the county from the Utah Population
[
Estimates
] Committee, if a population figure for the county is not available under Subsection
(7)(a).
(8) "Service area" means the boundaries of the distinct geographic area served by a
certified program as determined by the division in accordance with this part and division rule.
(9) "Urban county" means a county that is not a rural county.
Section 11. Section 
26-46a-102
 is amended to read:
26-46a-102.
Definitions.
As used in this chapter:
(1) "Hospital" means a general acute hospital, as defined in Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act.
(2) "Physician" means a person:
(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act.
(3) "Rural county" means a county with a population of less than 50,000, as determined
by:
(a) the most recent official census or census estimate of the United States [
Census
]
Bureau 
of the Census
; or
(b) the most recent population estimate for the county from the Utah Population
[
Estimates
] Committee, if a population figure for the county is not available under Subsection
(3)(a).
(4) "Rural hospital" means a hospital located within a rural county.
Section 12. Section 
26A-1-115
 is amended to read:
26A-1-115.
Apportionment of costs -- Contracts to provide services -- Percentage
match of state funds -- Audit.
(1) (a) The cost of establishing and maintaining a multicounty local health department
may be apportioned among the participating counties on the basis of population in proportion
to the total population of all counties within the boundaries of the local health department, or
upon other bases agreeable to the participating counties.
(b) Costs of establishing and maintaining a county health department shall be a charge
of the county creating the local health department.
(c) Money available from fees, contracts, surpluses, grants, and donations may also be
used to establish and maintain local health departments.
(d) As used in this Subsection (1), "population" means population estimates prepared
by the Utah Population [
Estimates
] Committee.
(2) The cost of providing, equipping, and maintaining suitable offices and facilities for
a local health department is the responsibility of participating governing bodies.
(3) Local health departments that comply with all department rules and secure advance
approval of proposed service boundaries from the department may by contract receive funds 
under Section 
26A-1-116
 from the department to provide specified public health services.
(4) Contract funds distributed under Subsection (3) shall be in accordance with Section
26A-1-116
 and policies and procedures adopted by the department.
(5) Department rules shall require that contract funds be used for public health
services and not replace other funds used for local public health services.
(6) All state funds distributed by contract from the department to local health
departments for public health services shall be matched by those local health departments at a
percentage determined by the department in consultation with local health departments. 
Counties shall have no legal obligation to match state funds at percentages in excess of those
established by the department and shall suffer no penalty or reduction in state funding for
failing to exceed the required funding match.
(7) (a) Each local health department shall cause an annual financial and compliance
audit to be made of its operations by a certified public accountant. The audit may be conducted
as part of an annual county government audit of the county where the local health department
headquarters are located.
(b) The local health department shall provide a copy of the audit report to the
department and the local governing bodies of counties participating in the local health
department.
Section 13. Section 
32B-2-402
 is amended to read:
32B-2-402.
Definitions -- Calculations.
(1) As used in this part:
(a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
Treatment Restricted Account created in Section 
32B-2-403
.
(b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
Council created in Section 
63M-7-301
.
(c) "Alcohol-related offense" means:
(i) a violation of:
(A) Section 
41-6a-502
; or
(B) an ordinance that complies with the requirements of:
(I) Subsection 
41-6a-510
(1); or
(II) Section 
76-5-207
; or
(ii) an offense involving the illegal:
(A) sale of an alcoholic product;
(B) consumption of an alcoholic product;
(C) distribution of an alcoholic product;
(D) transportation of an alcoholic product; or
(E) possession of an alcoholic product.
(d) "Annual conviction time period" means the time period that:
(i) begins on July 1 and ends on June 30; and
(ii) immediately precedes the fiscal year for which an appropriation under this part is
made.
(e) "Municipality" means:
(i) a city;
(ii) a town; or
(iii) a metro township.
(f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, by the Division of Substance Abuse and Mental Health within
the Department of Human Services.
(ii) In defining the term "prevention," the Division of Substance Abuse and Mental
Health shall:
(A) include only evidence-based or evidence-informed programs; and
(B) provide for coordination with local substance abuse authorities designated to
provide substance abuse services in accordance with Section 
17-43-201
.
(2) For purposes of Subsection 
32B-2-404
(1)(b)(iii), the number of premises located
within the limits of a municipality or county:
(a) is the number determined by the department to be so located;
(b) includes the aggregate number of premises of the following:
(i) a state store;
(ii) a package agency; and
(iii) a retail licensee; and
(c) for a county, consists only of the number located within an unincorporated area of
the county.
(3) The department shall determine:
(a) a population figure according to the most current population estimate prepared by
the Utah Population [
Estimates
] Committee;
(b) a county's population for the 25% distribution to municipalities and counties under
Subsection 
32B-2-404
(1)(b)(i) only with reference to the population in the unincorporated
areas of the county; and
(c) a county's population for the 25% distribution to counties under Subsection
32B-2-404
(1)(b)(iv) only with reference to the total population in the county, including that of
a municipality.
(4) (a) A conviction occurs in the municipality or county that actually prosecutes the
offense to judgment.
(b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
the municipality or county that, except for the guilty plea, would have prosecuted the offense.
Section 14. Section 
35A-2-101
 is amended to read:
35A-2-101.
Economic service areas -- Creation.
(1) (a) The executive director shall establish economic service areas to furnish the
services described in Section 
35A-2-201
.
(b) In establishing economic service areas, the executive director shall seek input from
the State Workforce Development Board.
(2) In establishing the economic service areas, the executive director may consider:
(a) areas comprised of multiple counties;
(b) the alignment of transportation and other infrastructure or services;
(c) the interdependence of the economy within a geographic area;
(d) the ability to develop regional marketing and economic development programs;
(e) the labor market areas;
(f) the population of the area, as established in the most recent estimate by the Utah
Population [
Estimates
] Committee;
(g) the number of individuals in the previous year receiving:
(i) services under Chapter 3, Employment Support Act; and
(ii) benefits under Chapter 4, Employment Security Act; and
(h) other factors that relate to the management of the programs administered or that
relate to the delivery of services provided under this title.
Section 15. Section 
36-1-104
 is amended to read:
36-1-104.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah State Senate district in the Senate
shapefile enacted by the Legislature, the county clerk of the affected county, upon discovery of
the omission, shall attach the area to the appropriate Senate district according to the
requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single Senate district, the county clerk shall
attach the area to that district.
(3) If the omitted area is contiguous to two or more Senate districts, the county clerk
shall attach the area to the district that has the least population, as determined by the Utah
Population [
Estimates
] Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 16. Section 
36-1-203
 is amended to read:
36-1-203.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah House of Representatives district in
the House shapefile enacted by the Legislature, the county clerk of the affected county, upon
discovery of the omission, shall attach the area to the appropriate House district according to
the requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single House district, the county clerk shall
attach the area to that district.
(3) If the omitted area is contiguous to two or more House districts, the county clerk
shall attach the area to the district that has the least population, as determined by the Utah
Population [
Estimates
] Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 17. Section 
59-12-205
 is amended to read:
59-12-205.
Ordinances to conform with statutory amendments -- Distribution of
tax revenue -- Determination of population.
(1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
59-12-204
, a county, city, or town shall adopt amendments to the county's, city's, or town's
sales and use tax ordinances:
(a) within 30 days of the day on which the state makes an amendment to an applicable
provision of Part 1, Tax Collection; and
(b) as required to conform to the amendments to Part 1, Tax Collection.
(2) Except as provided in Subsections (3) through (6) and subject to Subsection (7):
(a) 50% of each dollar collected from the sales and use tax authorized by this part shall
be distributed to each county, city, and town on the basis of the percentage that the population
of the county, city, or town bears to the total population of all counties, cities, and towns in the
state; and
(b) (i) except as provided in Subsection (2)(b)(ii), 50% of each dollar collected from
the sales and use tax authorized by this part shall be distributed to each county, city, and town
on the basis of the location of the transaction as determined under Sections 
59-12-211
 through
59-12-215
; and
(ii) 50% of each dollar collected from the sales and use tax authorized by this part
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, shall be distributed to the military installation development authority created in
Section 
63H-1-201
.
(3) (a) Beginning on July 1, 2017, and ending on June 30, 2022, the commission shall
distribute annually to a county, city, or town the distribution required by this Subsection (3) if:
(i) the county, city, or town is a:
(A) county of the third, fourth, fifth, or sixth class;
(B) city of the fifth class; or
(C) town;
(ii) the county, city, or town received a distribution under this section for the calendar
year beginning on January 1, 2008, that was less than the distribution under this section that the
county, city, or town received for the calendar year beginning on January 1, 2007;
(iii) (A) for a county described in Subsection (3)(a)(i)(A), the county had located
within the unincorporated area of the county for one or more days during the calendar year
beginning on January 1, 2008, an establishment described in NAICS Industry Group 2121,
Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the 2002 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget; or
(B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
(3)(a)(i)(C), the city or town had located within the city or town for one or more days during
the calendar year beginning on January 1, 2008, an establishment described in NAICS Industry
Group 2121, Coal Mining, or NAICS Code 213113, Support Activities for Coal Mining, of the
2002 North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget; and
(iv) (A) for a county described in Subsection (3)(a)(i)(A), at least one establishment
described in Subsection (3)(a)(iii)(A) located within the unincorporated area of the county for
one or more days during the calendar year beginning on January 1, 2008, was not the holder of
a direct payment permit under Section 
59-12-107.1
; or
(B) for a city described in Subsection (3)(a)(i)(B) or a town described in Subsection
(3)(a)(i)(C), at least one establishment described in Subsection (3)(a)(iii)(B) located within a
city or town for one or more days during the calendar year beginning on January 1, 2008, was
not the holder of a direct payment permit under Section 
59-12-107.1
.
(b) The commission shall make the distribution required by this Subsection (3) to a
county, city, or town described in Subsection (3)(a):
(i) from the distribution required by Subsection (2)(a); and
(ii) before making any other distribution required by this section.
(c) (i) For purposes of this Subsection (3), the distribution is the amount calculated by
multiplying the fraction calculated under Subsection (3)(c)(ii) by $333,583.
(ii) For purposes of Subsection (3)(c)(i):
(A) the numerator of the fraction is the difference calculated by subtracting the
distribution a county, city, or town described in Subsection (3)(a) received under this section
for the calendar year beginning on January 1, 2008, from the distribution under this section that
the county, city, or town received for the calendar year beginning on January 1, 2007; and
(B) the denominator of the fraction is $333,583.
(d) A distribution required by this Subsection (3) is in addition to any other distribution
required by this section.
(4) (a) For fiscal years beginning with fiscal year 1983-84 and ending with fiscal year
2005-06, a county, city, or town may not receive a tax revenue distribution less than .75% of
the taxable sales within the boundaries of the county, city, or town.
(b) The commission shall proportionally reduce monthly distributions to any county,
city, or town that, but for the reduction, would receive a distribution in excess of 1% of the
sales and use tax revenue collected within the boundaries of the county, city, or town.
(5) (a) As used in this Subsection (5):
(i) "Eligible county, city, or town" means a county, city, or town that receives $2,000 or
more in tax revenue distributions in accordance with Subsection (4) for each of the following
fiscal years:
(A) fiscal year 2002-03;
(B) fiscal year 2003-04; and
(C) fiscal year 2004-05.
(ii) "Minimum tax revenue distribution" means the greater of:
(A) the total amount of tax revenue distributions an eligible county, city, or town
receives from a tax imposed in accordance with this part for fiscal year 2000-01; or
(B) the total amount of tax revenue distributions an eligible county, city, or town
receives from a tax imposed in accordance with this part for fiscal year 2004-05.
(b) (i) Except as provided in Subsection (5)(b)(ii), beginning with fiscal year 2006-07
and ending with fiscal year 2012-13, an eligible county, city, or town shall receive a tax
revenue distribution for a tax imposed in accordance with this part equal to the greater of:
(A) the payment required by Subsection (2); or
(B) the minimum tax revenue distribution.
(ii) If the tax revenue distribution required by Subsection (5)(b)(i) for an eligible
county, city, or town is equal to the amount described in Subsection (5)(b)(i)(A) for three
consecutive fiscal years, for fiscal years beginning with the fiscal year immediately following
that three consecutive fiscal year period, the eligible county, city, or town shall receive the tax
revenue distribution equal to the payment required by Subsection (2).
(c) For a fiscal year beginning with fiscal year 2013-14 and ending with fiscal year
2015-16, an eligible county, city, or town shall receive the minimum tax revenue distribution
for that fiscal year if for fiscal year 2012-13 the payment required by Subsection (2) to that
eligible county, city, or town is less than or equal to the product of:
(i) the minimum tax revenue distribution; and
(ii) .90.
(6) (a) As used in this Subsection (6):
(i) "Eligible county, city, or town" means a county, city, or town that:
(A) receives, in accordance with Subsection (4), $2,000 or more in tax revenue
distributions for fiscal year 2002-03;
(B) receives, in accordance with Subsection (4), $2,000 or more in tax revenue
distributions for fiscal year 2003-04;
(C) receives, in accordance with Subsection (4), $2,000 or more in tax revenue
distributions for fiscal year 2004-05;
(D) for a fiscal year beginning with fiscal year 2012-13 and ending with fiscal year
2015-16, does not receive a tax revenue distribution described in Subsection (5) equal to the
amount described in Subsection (5)(b)(i)(A) for three consecutive fiscal years; and
(E) does not impose a sales and use tax under Section 
59-12-2103
 on or before July 1,
2016.
(ii) "Minimum tax revenue distribution" means the total amount of tax revenue
distributions an eligible county, city, or town receives from a tax imposed in accordance with
this part for fiscal year 2004-05.
(b) Beginning with fiscal year 2016-17, an eligible county, city, or town shall receive a
tax revenue distribution for a tax imposed in accordance with this part equal to the greater of:
(i) the payment required by Subsection (2); or
(ii) the minimum tax revenue distribution.
(7) (a) Population figures for purposes of this section shall be based on the most recent
official census or census estimate of the United States [
Census
] Bureau 
of the Census
.
(b) If a needed population estimate is not available from the United States [
Census
]
Bureau 
of the Census
, population figures shall be derived from the estimate from the Utah
Population [
Estimates
] Committee [
created by executive order of the governor
].
(c) The population of a county for purposes of this section shall be determined only
from the unincorporated area of the county.
Section 18. Section 
59-12-2219
 is amended to read:
59-12-2219.
County option sales and use tax for highways and public transit --
Base -- Rate -- Distribution and expenditure of revenue -- Revenue may not supplant
existing budgeted transportation revenue.
(1) As used in this section:
(a) "Class B road" means the same as that term is defined in Section 
72-3-103
.
(b) "Class C road" means the same as that term is defined in Section 
72-3-104
.
(c) "Eligible political subdivision" means a political subdivision that:
(i) (A) on May 12, 2015, provides public transit services; or
(B) after May 12, 2015, provides written notice to the commission in accordance with
Subsection (10)(b) that it intends to provide public transit service within a county;
(ii) is not a public transit district; and
(iii) is not annexed into a public transit district.
(d) "Public transit district" means a public transit district organized under Title 17B,
Chapter 2a, Part 8, Public Transit District Act.
(2) Subject to the other provisions of this part, a county legislative body may impose a
sales and use tax of .25% on the transactions described in Subsection 
59-12-103
(1) within the
county, including the cities and towns within the county.
(3) The commission shall distribute sales and use tax revenue collected under this
section as provided in Subsections (4) through (10).
(4) If the entire boundary of a county that imposes a sales and use tax under this section
is annexed into a single public transit district, the commission shall distribute the sales and use
tax revenue collected within the county as follows:
(a) .10% shall be transferred to the public transit district in accordance with Section
59-12-2206
;
(b) .10% shall be distributed as provided in Subsection (8); and
(c) .05% shall be distributed to the county legislative body.
(5) If the entire boundary of a county that imposes a sales and use tax under this section
is not annexed into a single public transit district, but a city or town within the county is
annexed into a single public transit district that also has a county of the first class annexed into
the same public transit district, the commission shall distribute the sales and use tax revenue
collected within the county as follows:
(a) for a city or town within the county that is annexed into a single public transit
district, the commission shall distribute the sales and use tax revenue collected within that city
or town as follows:
(i) .10% shall be transferred to the public transit district in accordance with Section
59-12-2206
;
(ii) .10% shall be distributed as provided in Subsection (8); and
(iii) .05% shall be distributed to the county legislative body;
(b) for an eligible political subdivision within the county, the commission shall
distribute the sales and use tax revenue collected within that eligible political subdivision as
follows:
(i) .10% shall be transferred to the eligible political subdivision in accordance with
Section 
59-12-2206
;
(ii) .10% shall be distributed as provided in Subsection (8); and
(iii) .05% shall be distributed to the county legislative body; and
(c) the commission shall distribute the sales and use tax revenue, except for the sales
and use tax revenue described in Subsections (5)(a) and (b), as follows:
(i) .10% shall be distributed as provided in Subsection (8); and
(ii) .15% shall be distributed to the county legislative body.
(6) For a county not described in Subsection (4) or (5), if the entire boundary of a
county of the first or second class that imposes a sales and use tax under this section is not
annexed into a single public transit district, or if there is not a public transit district within the
county, the commission shall distribute the sales and use tax revenue collected within the
county as follows:
(a) for a city or town within the county that is annexed into a single public transit
district, the commission shall distribute the sales and use tax revenue collected within that city
or town as follows:
(i) .10% shall be transferred to the public transit district in accordance with Section
59-12-2206
;
(ii) .10% shall be distributed as provided in Subsection (8); and
(iii) .05% shall be distributed to the county legislative body;
(b) for an eligible political subdivision within the county, the commission shall
distribute the sales and use tax revenue collected within that eligible political subdivision as
follows:
(i) .10% shall be transferred to the eligible political subdivision in accordance with
Section 
59-12-2206
;
(ii) .10% shall be distributed as provided in Subsection (8); and
(iii) .05% shall be distributed to the county legislative body; and
(c) the commission shall distribute the sales and use tax revenue, except for the sales
and use tax revenue described in Subsections (6)(a) and (b), as follows:
(i) .10% shall be distributed as provided in Subsection (8); and
(ii) .15% shall be distributed to the county legislative body.
(7) For a county not described in Subsection (4) or (5), if the entire boundary of a
county of the third, fourth, fifth, or sixth class that imposes a sales and use tax under this
section is not annexed into a single public transit district, or if there is not a public transit
district within the county, the commission shall distribute the sales and use tax revenue
collected within the county as follows:
(a) for a city or town within the county that is annexed into a single public transit
district, the commission shall distribute the sales and use tax revenue collected within that city
or town as follows:
(i) .10% shall be distributed as provided in Subsection (8);
(ii) .10% shall be distributed as provided in Subsection (9); and
(iii) .05% shall be distributed to the county legislative body;
(b) for an eligible political subdivision within the county, the commission shall
distribute the sales and use tax revenue collected within that eligible political subdivision as
follows:
(i) .10% shall be distributed as provided in Subsection (8);
(ii) .10% shall be distributed as provided in Subsection (9); and
(iii) .05% shall be distributed to the county legislative body; and
(c) the commission shall distribute the sales and use tax revenue, except for the sales
and use tax revenue described in Subsections (7)(a) and (b), as follows:
(i) .10% shall be distributed as provided in Subsection (8); and
(ii) .15% shall be distributed to the county legislative body. 
(8) (a) Subject to Subsection (8)(b), the commission shall make the distributions
required by Subsections (4)(b), (5)(a)(ii), (5)(b)(ii), (5)(c)(i) , (6)(a)(ii), (6)(b)(ii), (6)(c)(i),
(7)(a)(i), (7)(b)(i), (7)(c)(i), and (9)(d)(ii)(A) as follows:
(i) 50% of the total revenue collected under Subsections (4)(b), (5)(a)(ii), (5)(b)(ii),
(5)(c)(i) , (6)(a)(ii), (6)(b)(ii), (6)(c)(i), (7)(a)(i), (7)(b)(i), (7)(c)(i), and (9)(d)(ii)(A) within the
counties that impose a tax under this section shall be distributed to the unincorporated areas,
cities, and towns within those counties on the basis of the percentage that the population of
each unincorporated area, city, or town bears to the total population of all of the counties that
impose a tax under this section; and
(ii) 50% of the total revenue collected under Subsections (4)(b), (5)(a)(ii), (5)(b)(ii),
(5)(c)(i) , (6)(a)(ii), (6)(b)(ii), (6)(c)(i), (7)(a)(i), (7)(b)(i), (7)(c)(i), and (9)(d)(ii)(A) within the
counties that impose a tax under this section shall be distributed to the unincorporated areas,
cities, and towns within those counties on the basis of the location of the transaction as
determined under Sections 
59-12-211
 through 
59-12-215
.
(b) (i) Population for purposes of this Subsection (8) shall be determined on the basis
of the most recent official census or census estimate of the United States [
Census
] Bureau 
of
the Census
.
(ii) If a needed population estimate is not available from the United States [
Census
]
Bureau 
of the Census
, population figures shall be derived from an estimate from the Utah
Population [
Estimates
] Committee [
created by executive order of the governor
].
(9) (a) (i) Subject to the requirements in Subsections (9)(b) and (c), a county legislative
body:
(A) for a county that obtained approval from a majority of the county's registered
voters voting on the imposition of a sales and use tax under this section prior to May 10, 2016,
may, in consultation with any cities, towns, or eligible political subdivisions within the county,
and in compliance with the requirements for changing an allocation under Subsection (9)(e),
allocate the revenue under Subsection (7)(a)(ii) or (7)(b)(ii) by adopting a resolution specifying
the percentage of revenue under Subsection (7)(a)(ii) or (7)(b)(ii) that will be allocated to a
public transit district or an eligible political subdivision; or
(B) for a county that obtains approval from a majority of the county's registered voters
voting on the imposition of a sales and use tax under this section on or after May 10, 2016,
shall, in consultation with any cities, towns, or eligible political subdivisions within the county,
allocate the revenue under Subsection (7)(a)(ii) or (7)(b)(ii) by adopting a resolution specifying
the percentage of revenue under Subsection (7)(a)(ii) or (7)(b)(ii) that will be allocated to a
public transit district or an eligible political subdivision.
(ii) If a county described in Subsection (9)(a)(i)(A) does not allocate the revenue under
Subsection (7)(a)(ii) or (7)(b)(ii) in accordance with Subsection (9)(a)(i)(A), the commission
shall distribute 100% of the revenue under Subsection (7)(a)(ii) or (7)(b)(ii) to:
(A) a public transit district for a city or town within the county that is annexed into a
single public transit district; or
(B) an eligible political subdivision within the county.
(b) If a county legislative body allocates the revenue as described in Subsection
(9)(a)(i), the county legislative body shall allocate not less than 25% of the revenue under
Subsection (7)(a)(ii) or (7)(b)(ii) to:
(i) a public transit district for a city or town within the county that is annexed into a
single public transit district; or
(ii) an eligible political subdivision within the county.
(c) Notwithstanding Section 
59-12-2208
, the opinion question required by Section
59-12-2208
 shall state the allocations the county legislative body makes in accordance with this
Subsection (9).
(d) The commission shall make the distributions required by Subsection (7)(a)(ii) or
(7)(b)(ii) as follows:
(i) the percentage specified by a county legislative body shall be distributed in
accordance with a resolution adopted by a county legislative body under Subsection (9)(a) to an
eligible political subdivision or a public transit district within the county; and
(ii) except as provided in Subsection (9)(a)(ii), if a county legislative body allocates
less than 100% of the revenue under Subsection (7)(a)(ii) or (7)(b)(ii) to a public transit district
or an eligible political subdivision, the remainder of the revenue under Subsection (7)(a)(ii) or
(7)(b)(ii) not allocated by a county legislative body through a resolution under Subsection
(9)(a) shall be distributed as follows:
(A) 50% of the revenue as provided in Subsection (8); and
(B) 50% of the revenue to the county legislative body.
(e) If a county legislative body seeks to change an allocation specified in a resolution
under Subsection (9)(a), the county legislative body may change the allocation by:
(i) adopting a resolution in accordance with Subsection (9)(a) specifying the percentage
of revenue under Subsection (7)(a)(ii) or (7)(b)(ii) that will be allocated to a public transit
district or an eligible political subdivision;
(ii) obtaining approval to change the allocation of the sales and use tax by a majority of
all the members of the county legislative body; and
(iii) subject to Subsection (9)(f):
(A) in accordance with Section 
59-12-2208
, submitting an opinion question to the
county's registered voters voting on changing the allocation so that each registered voter has the
opportunity to express the registered voter's opinion on whether the allocation should be
changed; and
(B) in accordance with Section 
59-12-2208
, obtaining approval to change the
allocation from a majority of the county's registered voters voting on changing the allocation.
(f) Notwithstanding Section 
59-12-2208
, the opinion question required by Subsection
(9)(e)(iii)(A) shall state the allocations specified in the resolution adopted in accordance with
Subsection (9)(e) and approved by the county legislative body in accordance with Subsection
(9)(e)(ii).
(g) (i) If a county makes an allocation by adopting a resolution under Subsection (9)(a)
or changes an allocation by adopting a resolution under Subsection (9)(e), the allocation shall
take effect on the first distribution the commission makes under this section after a 90-day
period that begins on the date the commission receives written notice meeting the requirements
of Subsection (9)(g)(ii) from the county.
(ii) The notice described in Subsection (9)(g)(i) shall state:
(A) that the county will make or change the percentage of an allocation under
Subsection (9)(a) or (e); and
(B) the percentage of revenue under Subsection (7)(a)(ii) or (7)(b)(ii) that will be
allocated to a public transit district or an eligible political subdivision.
(10) (a) If a public transit district is organized after the date a county legislative body
first imposes a tax under this section, a change in a distribution required by this section may
not take effect until the first distribution the commission makes under this section after a
90-day period that begins on the date the commission receives written notice from the public
transit district of the organization of the public transit district.
(b) If an eligible political subdivision intends to provide public transit service within a
county after the date a county legislative body first imposes a tax under this section, a change
in a distribution required by this section may not take effect until the first distribution the
commission makes under this section after a 90-day period that begins on the date the
commission receives written notice from the eligible political subdivision stating that the
eligible political subdivision intends to provide public transit service within the county.
(11) A county, city, or town may expend revenue collected from a tax under this
section, except for revenue the commission distributes in accordance with Subsection (4)(a),
(5)(a)(i), (5)(b)(i), or (9)(d)(i) for:
(a) a class B road;
(b) a class C road;
(c) traffic and pedestrian safety, including for a class B road or class C road, for:
(i) a sidewalk;
(ii) curb and gutter;
(iii) a safety feature;
(iv) a traffic sign;
(v) a traffic signal;
(vi) street lighting; or
(vii) a combination of Subsections (11)(c)(i) through (vi);
(d) the construction, maintenance, or operation of an active transportation facility that
is for nonmotorized vehicles and multimodal transportation and connects an origin with a
destination;
(e) public transit system services; or
(f) a combination of Subsections (11)(a) through (e).
(12) A public transit district or an eligible political subdivision may expend revenue
the commission distributes in accordance with Subsection (4)(a), (5)(a)(i), (5)(b)(i), or (9)(d)(i)
for capital expenses and service delivery expenses of the public transit district or eligible
political subdivision.
(13) (a) Revenue collected from a sales and use tax under this section may not be used
to supplant existing general fund appropriations that a county, city, or town has budgeted for
transportation as of the date the tax becomes effective for a county, city, or town.
(b) The limitation under Subsection (13)(a) does not apply to a designated
transportation capital or reserve account a county, city, or town may have established prior to
the date the tax becomes effective.
Section 19. Section 
62A-15-611
 is amended to read:
62A-15-611.
Allocation of state hospital beds -- Formula.
(1) As used in this section:
(a) "Adult beds" means the total number of patient beds located in the adult general
psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent
of the state hospital.
(b) "Mental health catchment area" means a county or group of counties governed by a
local mental health authority.
(2) (a) The division shall establish by rule a formula to separately allocate to local
mental health authorities adult beds for persons who meet the requirements of Subsection
62A-15-610
(2)(a). Beginning on May 10, 2011, and ending on June 30, 2011, 152 beds shall
be allocated to local mental health authorities under this section.
(b) The number of beds shall be reviewed and adjusted as necessary:
(i) on July 1, 2011, to restore the number of beds allocated to 212 beds as funding
permits; and
(ii) on July 1, 2011, and every three years after July 1, 2011, according to the state's
population.
(c) All population figures utilized shall reflect the most recent available population
estimates from the Utah Population [
Estimates
] Committee.
(3) The formula established under Subsection (2) shall provide for allocation of beds
based on:
(a) the percentage of the state's adult population located within a mental health
catchment area; and
(b) a differential to compensate for the additional demand for hospital beds in mental
health catchment areas that are located in urban areas.
(4) A local mental health authority may sell or loan its allocation of beds to another
local mental health authority.
(5) The division shall allocate adult beds at the state hospital to local mental health
authorities for their use in accordance with the formula established under this section. If a local
mental health authority is unable to access a bed allocated to it under the formula established
under Subsection (2), the division shall provide that local mental health authority with funding
equal to the reasonable, average daily cost of an acute care bed purchased by the local mental
health authority.
(6) The board shall periodically review and make changes in the formula established
under Subsection (2) as necessary to accurately reflect changes in population.
Section 20. Section 
63C-19-101
 is enacted to read:
CHAPTER 19. UTAH POPULATION COMMITTEE
 63C-19-101.
Title.
This chapter is known as "Utah Population Committee."
Section 21. Section 
63C-19-102
 is enacted to read:
 63C-19-102.
Definitions.
As used in this chapter, "committee" means the Utah Population Committee created by
this chapter.
Section 22. Section 
63C-19-103
 is enacted to read:
 63C-19-103.
Utah Population Committee -- Creation.
(1) There is created the Utah Population Committee composed of the following
members:
(a) the director of the Kem C. Gardner Policy Institute at the University of Utah or the
director's designee;
(b) the director of the Population Research Laboratory at Utah State University or the
director's designee;
(c) the state planning coordinator appointed under Section 
63J-4-202
;
(d) the director of the Workforce Research and Analysis Division within the
Department of Workforce Services or the director's designee;
(e) the director of the Office of Vital Records and Statistics or the director's designee;
(f) the state superintendent of public instruction or the superintendent's designee;
(g) the chair of the State Tax Commission or the chair's designee;
(h) the legislative fiscal analyst or the legislative fiscal analyst's designee;
(i) the commissioner of higher education or the commissioner's designee; and
(j) any additional member appointed under Subsection (2).
(2) (a) By a majority vote of the members of the committee, the committee may
appoint one or more additional members to serve on the committee at the pleasure of the
committee.
(b) The committee shall ensure that each additional member appointed under
Subsection (2)(a) is a data provider or a representative of a data provider.
(3) The director of the Kem C. Gardner Policy Institute or the director's designee
described in Subsection (1)(a) is the chair of the committee.
Section 23. Section 
63C-19-104
 is enacted to read:
 63C-19-104.
Committee duties.
The committee shall:
(1) prepare annual population estimates for the total population of the state and each
county in the state;
(2) review and comment on the methodologies and population estimates for all
geographic levels for the state that the United States Bureau of the Census produces;
(3) prepare place estimates for new political subdivision annexations and
incorporations in the state;
(4) prepare additional demographic estimates for the state that may include estimates
related to race, ethnicity, age, sex, religious affiliation, or economic status; and
(5) publish the estimates described in Subsections (1), (3), and (4) on the committee's
website.
Section 24. Section 
63C-19-105
 is enacted to read:
 63C-19-105.
State use of committee estimates -- Compliance.
(1) Except as provided in Subsection (2), and unless otherwise provided in statute or
rule, if an executive branch entity, legislative branch entity, or independent entity is required to
perform an action or make a determination based on a population estimate, the entity shall use
a population estimate that the committee produces, if available.
(2) (a) The Governor's Office of Management and Budget may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to use a
population estimate other than a population estimate that the committee produces.
(b) For the purpose of creating a revenue estimate, the Governor's Office of
Management and Budget and the Office of the Legislative Fiscal Analyst are not required to
use a population estimate that the committee produces.
(c) For redistricting purposes, a legislative branch entity shall give priority to a
population estimate that is produced by the United States Bureau of the Census.
(3) A newly incorporated political subdivision shall provide the committee with a list
of residential building permits issued within the boundaries of the political subdivision since
the last decennial census.
Section 25. Section 
67-1a-2
 is amended to read:
67-1a-2.
Duties enumerated.
(1) The lieutenant governor shall:
(a) perform duties delegated by the governor, including assignments to serve in any of
the following capacities:
(i) as the head of any one department, if so qualified, with the consent of the Senate,
and, upon appointment at the pleasure of the governor and without additional compensation;
(ii) as the chairperson of any cabinet group organized by the governor or authorized by
law for the purpose of advising the governor or coordinating intergovernmental or
interdepartmental policies or programs;
(iii) as liaison between the governor and the state Legislature to coordinate and
facilitate the governor's programs and budget requests;
(iv) as liaison between the governor and other officials of local, state, federal, and
international governments or any other political entities to coordinate, facilitate, and protect the
interests of the state;
(v) as personal advisor to the governor, including advice on policies, programs,
administrative and personnel matters, and fiscal or budgetary matters; and
(vi) as chairperson or member of any temporary or permanent boards, councils,
commissions, committees, task forces, or other group appointed by the governor;
(b) serve on all boards and commissions in lieu of the governor, whenever so
designated by the governor;
(c) serve as the chief election officer of the state as required by Subsection (2);
(d) keep custody of the Great Seal of Utah;
(e) keep a register of, and attest, the official acts of the governor;
(f) affix the Great Seal, with an attestation, to all official documents and instruments to
which the official signature of the governor is required; and
(g) furnish a certified copy of all or any part of any law, record, or other instrument
filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
it and pays the fee.
(2) (a) As the chief election officer, the lieutenant governor shall:
(i) exercise general supervisory authority over all elections;
(ii) exercise direct authority over the conduct of elections for federal, state, and
multicounty officers and statewide or multicounty ballot propositions and any recounts
involving those races;
(iii) assist county clerks in unifying the election ballot;
(iv) (A) prepare election information for the public as required by statute and as
determined appropriate by the lieutenant governor; and
(B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
news media on the Internet and in other forms as required by statute or as determined
appropriate by the lieutenant governor;
(v) receive and answer election questions and maintain an election file on opinions
received from the attorney general;
(vi) maintain a current list of registered political parties as defined in Section
20A-8-101
;
(vii) maintain election returns and statistics;
(viii) certify to the governor the names of those persons who have received the highest
number of votes for any office;
(ix) ensure that all voting equipment purchased by the state complies with the
requirements of Subsection 
20A-5-302
(2) and Sections 
20A-5-802
 and 
20A-5-803
;
(x) conduct the study described in Section 
67-1a-14
;
(xi) during a declared emergency, to the extent that the lieutenant governor determines
it warranted, designate, as provided in Section 
20A-1-308
, a different method, time, or location
relating to:
(A) voting on election day;
(B) early voting;
(C) the transmittal or voting of an absentee ballot or military-overseas ballot;
(D) the counting of an absentee ballot or military-overseas ballot; or
(E) the canvassing of election returns; and
(xii) perform other election duties as provided in Title 20A, Election Code.
(b) As chief election officer, the lieutenant governor may not assume the
responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
officials by Title 20A, Election Code.
(3) (a) The lieutenant governor shall:
(i) [
(A)
] determine a new city's classification under Section 
10-2-301
 upon the city's
incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a City, based on the city's
population using the population estimate from the Utah Population [
Estimates
] Committee; and
[
(B) (I) 
] 
(ii) (A)
 prepare a certificate indicating the class in which the new city belongs
based on the city's population; and
[
(II)
] 
(B)
 within 10 days after preparing the certificate, deliver a copy of the certificate
to the city's legislative body[
;
]
.
[
(ii) (A)
] 
(b) The lieutenant governor shall:
(i)
 determine the classification under Section 
10-2-301
 of a consolidated municipality
upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
Consolidation of Municipalities, using population information from:
[
(I)
] 
(A)
 each official census or census estimate of the United States Bureau of the
Census; or
[
(II)
] 
(B)
 the population estimate from the Utah Population [
Estimates
] Committee, if
the population of a municipality is not available from the United States Bureau of the Census;
and
[
(B) (I) 
] 
(ii) (A)
 prepare a certificate indicating the class in which the consolidated
municipality belongs based on the municipality's population; and
[
(II)
] 
(B)
 within 10 days after preparing the certificate, deliver a copy of the certificate
to the consolidated municipality's legislative body[
;
]
.
[
(iii) (A)
] 
(c) The lieutenant governor shall:
(i)
 determine a new metro township's classification under Section 
10-2-301.5
 upon the
metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
Townships and Unincorporated Islands in a County of the First Class on and after May 12,
2015, based on the metro township's population using the population estimates from the Utah
Population [
Estimates
] Committee; and
[
(B)
] 
(ii)
 prepare a certificate indicating the class in which the new metro township
belongs based on the metro township's population and, within 10 days after preparing the
certificate, deliver a copy of the certificate to the metro township's legislative body[
; and
]
.
[
(iv) 
] 
(d) The lieutenant governor shall
 monitor the population of each municipality
using population information from:
[
(A)
] 
(i)
 each official census or census estimate of the United States Bureau of the
Census; or
[
(B)
] 
(ii)
 the population estimate from the Utah Population [
Estimates
] Committee, if
the population of a municipality is not available from the United States Bureau of the Census.
[
(b)
] 
(e)
 If the applicable population figure under Subsection (3)[
(a)(ii) or (iv)
]
(b) or
(d)
 indicates that a municipality's population has increased beyond the population for its current
class, the lieutenant governor shall:
(i) prepare a certificate indicating the class in which the municipality belongs based on
the increased population figure; and
(ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
legislative body of the municipality whose class has changed.
[
(c)
] 
(f)
 (i) If the applicable population figure under Subsection (3)[
(a)(ii) or (iv)
]
(b) or
(d)
 indicates that a municipality's population has decreased below the population for its current
class, the lieutenant governor shall send written notification of that fact to the municipality's
legislative body.
(ii) Upon receipt of a petition under Subsection 
10-2-302
(2) from a municipality whose
population has decreased below the population for its current class, the lieutenant governor
shall:
(A) prepare a certificate indicating the class in which the municipality belongs based
on the decreased population figure; and
(B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
legislative body of the municipality whose class has changed.
Section 26. Section 
72-2-108
 is amended to read:
72-2-108.
Apportionment of funds available for use on class B and class C roads
-- Bonds.
(1) For purposes of this section:
(a) "Graveled road" means a road:
(i) that is:
(A) graded; and
(B) drained by transverse drainage systems to prevent serious impairment of the road
by surface water;
(ii) that has an improved surface; and
(iii) that has a wearing surface made of:
(A) gravel;
(B) broken stone;
(C) slag;
(D) iron ore;
(E) shale; or
(F) other material that is:
(I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
(II) coarser than sand.
(b) "Paved road" includes a graveled road with a chip seal surface.
(c) "Road mile" means a one-mile length of road, regardless of:
(i) the width of the road; or
(ii) the number of lanes into which the road is divided.
(d) "Weighted mileage" means the sum of the following:
(i) paved road miles multiplied by five; and
(ii) all other road type road miles multiplied by two.
(2) Subject to the provisions of Subsections (3) through (8) and except as provided in
Subsection (10), funds appropriated for class B and class C roads shall be apportioned among
counties and municipalities in the following manner:
(a) 50% in the ratio that the class B roads weighted mileage within each county and
class C roads weighted mileage within each municipality bear to the total class B and class C
roads weighted mileage within the state; and
(b) 50% in the ratio that the population of a county or municipality bears to the total
population of the state as of the last official federal census or the United States Bureau of
Census estimate, whichever is most recent, except that if population estimates are not available
from the United States Bureau of Census, population figures shall be derived from the estimate
from the Utah Population [
Estimates
] Committee.
(3) For purposes of Subsection (2)(b), "the population of a county" means:
(a) the population of a county outside the corporate limits of municipalities in that
county, if the population of the county outside the corporate limits of municipalities in that
county is not less than 14% of the total population of that county, including municipalities; and
(b) if the population of a county outside the corporate limits of municipalities in the
county is less than 14% of the total population:
(i) the aggregate percentage of the population apportioned to municipalities in that
county shall be reduced by an amount equal to the difference between:
(A) 14%; and
(B) the actual percentage of population outside the corporate limits of municipalities in
that county; and
(ii) the population apportioned to the county shall be 14% of the total population of
that county, including incorporated municipalities.
(4) If an apportionment under Subsection (2) made in the current fiscal year to a county
or municipality with a population of less than 14,000 is less than 120% of the amount
apportioned to the county or municipality for class B and class C roads in fiscal year 1996-97,
the department shall reapportion the funds under Subsection (2) to ensure that the county or
municipality receives:
(a) subject to the requirement in Subsection (5) and for fiscal year 2016 only, an
amount equal to:
(i) the amount apportioned to the county or municipality for class B and class C roads
in fiscal year 2015 multiplied by 120%; plus
(ii) an amount equal to the amount apportioned to the county or municipality in fiscal
year 2015 multiplied by the percentage increase or decrease in the total funds available for
class B and class C roads between fiscal year 2015 and fiscal year 2016;
(b) for fiscal year 2017 only, an amount equal to the greater of:
(i) the amount apportioned to the county or municipality for class B and class C roads
in the current fiscal year under Subsection (2); or
(ii) (A) the amount apportioned to the county for class B and class C roads in fiscal
year 2015 multiplied by 120%; plus
(B) the amount calculated as described in Subsection (7); or
(c) for a fiscal year beginning on or after July 1, 2017, an amount equal to the greater
of:
(i) the amount apportioned to the county or municipality for class B and class C roads
in the current fiscal year under Subsection (2); or
(ii) (A) the amount apportioned to the county or municipality for class B and class C
roads through the apportionment formula under Subsection (2) or this Subsection (4),
excluding any amounts appropriated as additional support for class B and class C roads under
Subsection (10), in the prior fiscal year; plus
(B) the amount calculated as described in Subsection (7).
(5) For the purposes of calculating a final distribution of money collected in fiscal year
2016, the department shall subtract the payments previously made to a county or municipality
for money collected in fiscal year 2016 for class B and class C roads from the fiscal year 2016
total calculated in Subsection (4)(a).
(6) (a) The department shall decrease proportionately as provided in Subsection (6)(b)
the apportionments to counties and municipalities for which the reapportionment under
Subsection (4)(a), (b)(ii), or (c)(ii) does not apply.
(b) The aggregate amount of the funds that the department shall decrease
proportionately from the apportionments under Subsection (6)(a) is an amount equal to the
aggregate amount reapportioned to counties and municipalities under Subsection (4)(a), (b)(ii),
or (c)(ii).
(7) (a) In addition to the apportionment adjustments made under Subsection (4), a
county or municipality that qualifies for reapportioned money under Subsection (4)(b)(ii) or
(c)(ii) shall receive an amount equal to the amount apportioned to the county or municipality
under Subsection (4)(b)(ii) or (c)(ii) for class B and class C roads in the prior fiscal year
multiplied by the percentage increase or decrease in the total funds available for class B and
class C roads between the prior fiscal year and the fiscal year that immediately preceded the
prior fiscal year.
(b) The adjustment under Subsection (7)(a) shall be made in the same way as provided
in Subsections (6)(a) and (b).
(8) (a) If a county or municipality does not qualify for a reapportionment under
Subsection (4)(c) in the current fiscal year but previously qualified for a reapportionment under
Subsection (4)(c) on or after July 1, 2017, the county or municipality shall receive an amount
equal to the greater of:
(i) the amount apportioned to the county or municipality for class B and class C roads
in the current fiscal year under Subsection (2); or
(ii) the amount apportioned to the county or municipality for class B and class C roads
in the prior fiscal year.
(b) The adjustment under Subsection (8)(a) shall be made in the same way as provided
in Subsections (6)(a) and (b).
(9) The governing body of any municipality or county may issue bonds redeemable up
to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
B or class C road funds received pursuant to this section to pay principal, interest, premiums,
and reserves for the bonds.
(10) (a) For fiscal year 2017 only, the department shall distribute $5,000,000 of the
funds appropriated for additional support for class B and class C roads among the counties and
municipalities that qualified for reapportioned funds under Subsection (4) before May 1, 2016.
(b) The department shall distribute an amount to each county or municipality described
in Subsection (10)(a) considering the projected amount of revenue that each county or
municipality would have received under the reapportionment formula in effect before May 1,
2016.
(c) The department may consult with local government entities to determine the
distribution amounts under Subsection (10)(b).
(d) Before making the distributions required under this section, the department shall
report to the Executive Appropriations Committee of the Legislature by no later than December
31, 2016, the amount of funds the department will distribute to each county or municipality that
qualifies for a distribution under this Subsection (10).
(e) The Executive Appropriations Committee of the Legislature shall review and
comment on the amount of funds proposed to be distributed to each county or municipality that
qualifies for a distribution under this Subsection (10).
Section 27. Section 
78B-1-110
 is amended to read:
78B-1-110.
Limitations on jury service.
(1) In any two-year period, a person may not:
(a) be required to serve on more than one grand jury;
(b) be required to serve as both a grand and trial juror;
(c) be required to attend court as a trial juror more than one court day, except if
necessary to complete service in a particular case; or
(d) if summoned for jury service and the summons is complied with as directed, be
selected for the prospective jury list more than once.
(2) (a) Subsection (1)(d) does not apply to counties of the fourth, fifth, and sixth class
and counties of the third class with populations up to 75,000.
(b) (i) All population figures used for this section shall be derived from the most recent
official census or census estimate of the United States [
Census
] Bureau 
of the Census
.
(ii) If population estimates are not available from the United States [
Census
] Bureau 
of
the Census
, population figures shall be derived from the estimate of the Utah Population
[
Estimates
] Committee.