Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 306 (2020GS)

Sponsor

Rep. Waldrip, S.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows Ŝ→ [ a county ] certain counties ←Ŝ with more than one planning advisory area 12a each with a separate planning commission to dissolve each planning commission and establish a countywide planning commission by ordinance; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 12, 2020 at 10:16 PM by lpoole.
PLANNING COMMISSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Waldrip
Senate Sponsor: 
 David G. Buxton
LONG TITLE
General Description:
This bill amends provisions relating to county planning commissions.
Highlighted Provisions:
This bill:
▸ allows 
Ŝ→ [
a county
] 
certain counties
 ←Ŝ
 with more than one planning advisory area
12a each with a separate
planning commission to dissolve each planning commission and establish a
countywide planning commission by ordinance; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-27a-301
, as last amended by Laws of Utah 2019, Chapter 510
63I-2-217
, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-27a-301
 is amended to read:
17-27a-301.
Ordinance establishing planning commission required -- Exception --
Ordinance requirements -- Planning advisory area planning commission --
Compensation.
(1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
establishing a countywide planning commission for the unincorporated areas of the county not
within a planning advisory area.
(b) Subsection (1)(a) does not apply if all of the county is included within any
combination of:
(i) municipalities;
(ii) planning advisory areas [
with their own planning commissions
] 
each with a
separate planning commission
; and
(iii) mountainous planning districts.
(c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
(1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
the entire mountainous planning district, including areas of the mountainous planning district
that are also located within a municipality or are unincorporated.
(ii) A planning commission described in Subsection (1)(c)(i):
(A) does not have jurisdiction over a municipality described in Subsection
10-9a-304
(2)(b); and
(B) has jurisdiction subject to a local health department exercising its authority in
accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
the municipality's authority in accordance with Section 
10-8-15
.
(iii) The ordinance shall require that:
(A) members of the planning commission represent areas located in the unincorporated
and incorporated county;
(B) members of the planning commission be registered voters who reside either in the
unincorporated or incorporated county;
(C) at least one member of the planning commission resides within the mountainous
planning district and another member is a resident of a municipality located within the
mountainous planning district; and
(D) the county designate up to four seats on the planning commission, and fill each
vacancy in the designated seats in accordance with the procedure described in Subsection [
(7)
]
(8)
. 
(2) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county
Ŝ→ 
of the
62a 
first or second class
 ←Ŝ
 that
includes more than one planning advisory area each with a separate planning commission may
enact an ordinance that:
(i) dissolves each planning commission within the county; and
(ii) establishes a countywide planning commission that has jurisdiction over:
(A) each planning advisory area within the county; and
(B) the unincorporated areas of the county not within a planning advisory area.
(b) A countywide planning commission established under Subsection (2)(a) shall
assume the duties of each dissolved planning commission.
[
(2)
] 
(3)
 (a) The ordinance described in Subsection (1)(a) or (c) 
or (2)(a)
 shall define:
(i) the number and terms of the members and, if the county chooses, alternate
members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office;
(iv) the authority of the planning commission;
(v) subject to Subsection [
(2)
] 
(3)
(b), the rules of order and procedure for use by the
planning commission in a public meeting; and
(vi) other details relating to the organization and procedures of the planning
commission.
(b) Subsection [
(2)
] 
(3)
(a)(v) does not affect the planning commission's duty to comply
with Title 52, Chapter 4, Open and Public Meetings Act.
[
(3)
] 
(4)
 (a) (i) If the county establishes a planning advisory area planning commission,
the county legislative body shall enact an ordinance that defines:
(A) appointment procedures;
(B) procedures for filling vacancies and removing members from office;
(C) subject to Subsection [
(3)
] 
(4)
(a)(ii), the rules of order and procedure for use by the
planning advisory area planning commission in a public meeting; and
(D) details relating to the organization and procedures of each planning advisory area
planning commission.
(ii) Subsection [
(3)
] 
(4)
(a)(i)(C) does not affect the planning advisory area planning
commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
(b) The planning commission for each planning advisory area shall consist of seven
members who shall be appointed by:
(i) in a county operating under a form of government in which the executive and
legislative functions of the governing body are separated, the county executive with the advice
and consent of the county legislative body; or
(ii) in a county operating under a form of government in which the executive and
legislative functions of the governing body are not separated, the county legislative body.
(c) (i) Members shall serve four-year terms and until their successors are appointed and
qualified.
(ii) Notwithstanding the provisions of Subsection [
(3)
] 
(4)
(c)(i), members of the first
planning commissions shall be appointed so that, for each commission, the terms of at least one
member and no more than two members expire each year.
(d) (i) Each member of a planning advisory area planning commission shall be a
registered voter residing within the planning advisory area.
(ii) Subsection [
(3)
] 
(4)
(d)(i) does not apply to a member described in Subsection [
(4)
]
(5)
(a) if that member was, prior to May 12, 2015, authorized to reside outside of the planning
advisory area.
[
(4)
] 
(5)
 (a) A member of a planning commission who was elected to and served on a
planning commission on May 12, 2015, shall serve out the term to which the member was
elected.
(b) Upon the expiration of an elected term described in Subsection [
(4)
] 
(5)
(a), the
vacant seat shall be filled by appointment in accordance with this section.
[
(5)
] 
(6)
 Upon the appointment of all members of a planning advisory area planning
commission, each planning advisory area planning commission under this section shall begin to
exercise the powers and perform the duties provided in Section 
17-27a-302
 with respect to all
matters then pending that previously had been under the jurisdiction of the countywide
planning commission or planning advisory area planning and zoning board.
[
(6)
] 
(7)
 The legislative body may authorize a member of a planning commission to
receive per diem and travel expenses for meetings actually attended, in accordance with
Section 
11-55-103
.
[
(7)
] 
(8)
 (a) Subject to Subsection [
(7)
] 
(8)
(f), a county shall fill a vacancy in a
planning commission seat described in Subsection (1)(c)(iii)(D) in accordance with this
Subsection [
(7)
] 
(8)
.
(b) If a county designates one or more planning commission seats under Subsection
(1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
(i) (A) are adjacent to the mountainous planning district; and
(B) border the entrance to a canyon that is located within the boundaries of the
mountainous planning district and accessed by a paved road maintained by the county or the
state; or
(ii) exercise extraterritorial jurisdiction in accordance with Section 
10-8-15
.
(c) When there is a vacancy in a planning commission seat described in Subsection
(1)(c)(iii)(D), the county shall send a written request to one of the cities described in
Subsection [
(7)
] 
(8)
(b), on a rotating basis, if applicable, for a list of three individuals, who
satisfy the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
(d) The city shall respond to a written request described in Subsection [
(7)
] 
(8)
(c)
within 60 days after the day on which the city receives the written request.
(e) After the county receives the city's list of three individuals, the county shall submit
one of the individuals on the list for appointment to the vacant planning commission seat in
accordance with county ordinance.
(f) The county shall fill the vacancy in accordance with the county's standard procedure
if the city fails to timely respond to the written request. 
Section 2. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) Section 
17-22-32.2
, regarding restitution reporting, is repealed January 1, 2021.
(2) Section 
17-22-32.3
, regarding the Jail Incarceration and Transportation Costs Study
Council, is repealed January 1, 2021.
(3) Subsection 
17-27a-102
(1)(b), the language that states "or a designated mountainous
planning district" is repealed June 1, 2021.
(4) (a) Subsection 
17-27a-103
(18)(b), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-103
(42), regarding a mountainous planning district, is repealed
June 1, 2021.
(5) Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous planning
district area" is repealed June 1, 2021.
(6) (a) Subsection 
17-27a-301
(1)(b)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-301
(1)(c), regarding a mountainous planning district, is repealed
June 1, 2021.
(c) Subsection 
17-27a-301
[
(2)
]
(3)
(a), the language that states "[
described in Subsection
(1)(a)
] or (c)" is repealed June 1, 2021.
(7) Section 
17-27a-302
, the language that states ", or mountainous planning district"
and "or the mountainous planning district," is repealed June 1, 2021.
(8) Subsection 
17-27a-305
(1)(a), the language that states "a mountainous planning
district or" and ", as applicable" is repealed June 1, 2021.
(9) (a) Subsection 
17-27a-401
(1)(b)(ii), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-401
(7), regarding a mountainous planning district, is repealed
June 1, 2021.
(10) (a) Subsection 
17-27a-403
(1)(b)(ii), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-403
(1)(c)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(c) Subsection 
17-27a-403
(2)(a)(iii), the language that states "or the mountainous
planning district" is repealed June 1, 2021.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2021.
(11) Subsection 
17-27a-502
(1)(d)(i)(B), regarding a mountainous planning district, is
repealed June 1, 2021.
(12) Subsection 
17-27a-505.5
(2)(a)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(13) Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
(14) Subsection 
17-27a-604
(1)(b)(i)(B), regarding a mountainous planning district, is
repealed June 1, 2021.
(15) Subsection 
17-27a-605
(1), the language that states "or mountainous planning
district land" is repealed June 1, 2021.
(16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2021.
(17) On June 1, 2021, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3):
(i) make corrections necessary to ensure that sections and subsections identified in this
section are complete sentences and accurately reflect the office's understanding of the
Legislature's intent; and
(ii) make necessary changes to subsection numbering and cross references; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2017, Chapter 448.
(18) Subsection 
17-34-1
(5)(d), regarding county funding of certain municipal services
in a designated recreation area, is repealed June 1, 2021.
(19) On June 1, 2020:
(a) Section 
17-52a-104
 is repealed;
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(2)," is repealed;
(c) Subsection 
17-52a-301
(3)(a)(vi) is repealed;
(d) in Subsection 
17-52a-501
(1), the language that states "or, for a county under a
pending process described in Section 
17-52a-104
, under Section 
17-52-204
 as that section was
in effect on March 14, 2018," is repealed; and
(e) in Subsection 
17-52a-501
(3)(a), the language that states "or, for a county under a
pending process described in Section 
17-52a-104
, the attorney's report that is described in
Section 
17-52-204
 as that section was in effect on March 14, 2018 and that contains a
statement described in Subsection 
17-52-204
(5) as that subsection was in effect on March 14,
2018," is repealed.
(20) On January 1, 2028, Subsection 
17-52a-102
(3) is repealed.