Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 27 First Substitute (2021GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Division of Archives and Records Service to create and maintain the Utah Open Records Portal Website to serve as a point of access for Government Records Access and Management Act requests;
• renumbers and modifies provisions applicable to the Utah Public Notice Website, administered by the Division of Archives and Records Service;
• clarifies provisions relating to the membership and duties of the Utah Transparency Advisory Board;
• requires the Department of Technology Services to create and maintain the Utah Open Data Portal Website to serve as a point of access for public information;
• renumbers and modifies provisions applicable to the Utah Public Finance Website, administered by the state auditor;
• imposes a reporting requirement on the state auditor; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC INFORMATION WEBSITE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
John D. Johnson
LONG TITLE
General Description:
This bill amends provisions related to certain public information websites.
Highlighted Provisions:
This bill:
▸ requires the Division of Archives and Records Service to create and maintain the
Utah Open Records Portal Website to serve as a point of access for Government
Records Access and Management Act requests;
▸ renumbers and modifies provisions applicable to the Utah Public Notice Website,
administered by the Division of Archives and Records Service;
▸ clarifies provisions relating to the membership and duties of the Utah Transparency
Advisory Board;
▸ requires the Department of Technology Services to create and maintain the Utah
Open Data Portal Website to serve as a point of access for public information;
▸ renumbers and modifies provisions applicable to the Utah Public Finance Website,
administered by the state auditor;
▸ imposes a reporting requirement on the state auditor; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-21-106
, as last amended by Laws of Utah 2019, Chapters 370 and 456
4-22-107
, as last amended by Laws of Utah 2019, Chapters 370 and 456
4-30-106
, as last amended by Laws of Utah 2020, Chapter 154
7-1-706
, as last amended by Laws of Utah 2010, Chapter 90
10-2-406
, as last amended by Laws of Utah 2019, Chapter 255
10-2-407
, as last amended by Laws of Utah 2019, Chapter 255
10-2-415
, as last amended by Laws of Utah 2020, Chapter 22
10-2-418
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
10-2-419
, as last amended by Laws of Utah 2019, Chapter 255
10-2-501
, as last amended by Laws of Utah 2019, Chapter 255
10-2-502.5
, as last amended by Laws of Utah 2019, Chapter 255
10-2-607
, as last amended by Laws of Utah 2019, Chapter 255
10-2-703
, as last amended by Laws of Utah 2019, Chapter 255
10-2-708
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-207
, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
by Coordination Clause, Laws of Utah 2019, Chapter 165
10-2a-210
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-213
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-214
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-215
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-405
, as last amended by Laws of Utah 2016, Chapter 176
10-3-301
, as last amended by Laws of Utah 2020, Chapter 95
10-3-818
, as last amended by Laws of Utah 2010, Chapter 90
10-5-107.5
, as enacted by Laws of Utah 2017, Chapter 71
10-5-108
, as last amended by Laws of Utah 2017, Chapter 193
10-6-113
, as last amended by Laws of Utah 2017, Chapter 193
10-6-135.5
, as enacted by Laws of Utah 2017, Chapter 71
10-7-19
, as last amended by Laws of Utah 2019, Chapter 255
10-8-2
, as last amended by Laws of Utah 2019, Chapter 376
10-8-15
, as last amended by Laws of Utah 2019, Chapter 413
10-9a-203
, as last amended by Laws of Utah 2015, Chapter 202
10-9a-204
, as last amended by Laws of Utah 2010, Chapter 90
10-9a-205
, as last amended by Laws of Utah 2017, Chapter 84
10-9a-208
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
10-18-203
, as last amended by Laws of Utah 2010, Chapter 90
10-18-302
, as last amended by Laws of Utah 2014, Chapter 176
11-13-204
, as last amended by Laws of Utah 2015, Chapter 265
11-13-509
, as enacted by Laws of Utah 2015, Chapter 265
11-13-531
, as enacted by Laws of Utah 2015, Chapter 265
11-13-603
, as last amended by Laws of Utah 2019, Chapter 370
11-14-202
, as last amended by Laws of Utah 2020, Chapter 31
11-14-318
, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
11-36a-501
, as enacted by Laws of Utah 2011, Chapter 47
11-36a-503
, as enacted by Laws of Utah 2011, Chapter 47
11-36a-504
, as last amended by Laws of Utah 2017, Chapter 84
11-42-202
, as last amended by Laws of Utah 2020, Chapter 282
11-42-402
, as last amended by Laws of Utah 2015, Chapter 396
11-58-502
, as last amended by Laws of Utah 2019, Chapter 399
11-58-801
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
11-59-401
, as enacted by Laws of Utah 2018, Chapter 388
17-27a-203
, as last amended by Laws of Utah 2009, Chapter 188
17-27a-204
, as last amended by Laws of Utah 2010, Chapter 90
17-27a-205
, as last amended by Laws of Utah 2017, Chapter 84
17-27a-208
, as last amended by Laws of Utah 2019, Chapter 384
17-27a-306
, as last amended by Laws of Utah 2015, Chapter 352
17-27a-404
, as last amended by Laws of Utah 2020, Chapter 434
17-36-12
, as last amended by Laws of Utah 2017, Chapter 193
17-36-26
, as last amended by Laws of Utah 2017, Chapter 193
17-41-304
, as last amended by Laws of Utah 2019, Chapter 227
17-41-405
, as last amended by Laws of Utah 2019, Chapter 227
17-50-303
, as last amended by Laws of Utah 2019, Chapter 376
17B-1-106
, as last amended by Laws of Utah 2013, Chapter 445
17B-1-211
, as last amended by Laws of Utah 2013, Chapter 265
17B-1-303
, as last amended by Laws of Utah 2019, Chapters 40 and 255
17B-1-306
, as last amended by Laws of Utah 2020, Chapter 31
17B-1-413
, as last amended by Laws of Utah 2010, Chapter 90
17B-1-417
, as last amended by Laws of Utah 2010, Chapter 90
17B-1-505.5
, as enacted by Laws of Utah 2017, Chapter 404
17B-1-609
, as last amended by Laws of Utah 2015, Chapter 436
17B-1-643
, as last amended by Laws of Utah 2016, Chapter 273
17B-1-1204
, as last amended by Laws of Utah 2010, Chapter 90
17B-1-1307
, as last amended by Laws of Utah 2010, Chapter 90
17B-2a-705
, as last amended by Laws of Utah 2019, Chapter 255
17B-2a-1110
, as last amended by Laws of Utah 2016, Chapter 176
17C-1-207
, as last amended by Laws of Utah 2019, Chapter 376
17C-1-601.5
, as last amended by Laws of Utah 2018, Chapter 101
17C-1-804
, as last amended by Laws of Utah 2019, Chapter 376
17C-1-806
, as last amended by Laws of Utah 2018, Chapter 364
17C-2-108
, as last amended by Laws of Utah 2016, Chapter 350
17C-3-107
, as last amended by Laws of Utah 2016, Chapter 350
17C-4-109
, as last amended by Laws of Utah 2016, Chapter 350
17C-4-202
, as last amended by Laws of Utah 2016, Chapter 350
17C-5-110
, as enacted by Laws of Utah 2016, Chapter 350
17C-5-113
, as enacted by Laws of Utah 2016, Chapter 350
17C-5-205
, as last amended by Laws of Utah 2019, Chapter 376
17D-3-107
, as last amended by Laws of Utah 2019, Chapter 370
17D-3-305
, as last amended by Laws of Utah 2020, Chapter 311
19-2-109
, as last amended by Laws of Utah 2012, Chapter 360
20A-1-512
, as last amended by Laws of Utah 2019, Chapter 40
20A-3a-604
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-4-104
, as last amended by Laws of Utah 2020, Chapter 31
20A-4-304
, as last amended by Laws of Utah 2019, Chapters 255 and 433
20A-5-101
, as last amended by Laws of Utah 2019, Chapter 255
20A-5-403.5
, as enacted by Laws of Utah 2020, Chapter 31
20A-5-405
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-204.1
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
20A-7-401.5
, as enacted by Laws of Utah 2019, Chapter 203
20A-7-402
, as last amended by Laws of Utah 2020, Chapters 22 and 354
20A-9-203
, as last amended by Laws of Utah 2020, Chapter 22
26-61a-303
, as last amended by Laws of Utah 2020, Chapter 12
32B-8a-302
, as last amended by Laws of Utah 2020, Chapter 219
45-1-101
, as last amended by Laws of Utah 2019, Chapter 274
49-11-1102
, as enacted by Laws of Utah 2016, Chapter 281
52-4-202
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 1
52-4-203
, as last amended by Laws of Utah 2018, Chapter 425
53-13-114
, as last amended by Laws of Utah 2012, Chapter 196
53B-7-101.5
, as last amended by Laws of Utah 2010, Chapter 90
53B-8a-103
, as last amended by Laws of Utah 2019, Chapters 370 and 456
53D-1-103
, as last amended by Laws of Utah 2019, Chapters 370 and 456
53E-3-705
, as last amended by Laws of Utah 2019, Chapters 186 and 370
53E-4-202
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53G-3-204
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-4-204
, as last amended by Laws of Utah 2019, Chapter 293
53G-4-402
, as last amended by Laws of Utah 2020, Chapter 347
53G-5-504
, as last amended by Laws of Utah 2020, Chapters 192 and 408
53G-7-1105
, as last amended by Laws of Utah 2019, Chapter 293
54-8-10
, as last amended by Laws of Utah 2010, Chapter 90
54-8-16
, as last amended by Laws of Utah 2010, Chapter 90
57-11-11
, as last amended by Laws of Utah 2011, Chapter 340
59-2-919
, as last amended by Laws of Utah 2020, Chapter 354
59-2-919.2
, as last amended by Laws of Utah 2010, Chapter 90
59-12-1102
, as last amended by Laws of Utah 2016, Chapter 364
63A-3-103
, as last amended by Laws of Utah 2020, Chapter 365
63A-5b-905
, as renumbered and amended by Laws of Utah 2020, Chapter 152
63A-12-100
, as last amended by Laws of Utah 2010, Chapter 258
63A-12-101
, as last amended by Laws of Utah 2019, Chapter 254
63E-2-109
, as last amended by Laws of Utah 2019, Chapter 370
63G-4-107
, as enacted by Laws of Utah 2016, Chapter 312
63G-9-303
, as last amended by Laws of Utah 2016, Chapter 118
63H-1-701
, as last amended by Laws of Utah 2018, Chapter 101
63H-2-502
, as last amended by Laws of Utah 2018, Chapter 101
63H-4-108
, as last amended by Laws of Utah 2019, Chapters 370 and 456
63H-5-108
, as last amended by Laws of Utah 2019, Chapters 370 and 456
63H-6-103
, as last amended by Laws of Utah 2020, Chapter 152
63H-7a-104
, as enacted by Laws of Utah 2019, Chapter 456
63H-7a-803
, as last amended by Laws of Utah 2019, Chapters 370 and 509
63H-8-204
, as last amended by Laws of Utah 2019, Chapter 370
63I-1-263
, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
of Utah 2020, Chapter 360
63I-2-263
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
63M-4-402
, as enacted by Laws of Utah 2014, Chapter 294
67-1-2.5
, as last amended by Laws of Utah 2020, Chapters 154, 352, and 373
67-3-1
, as last amended by Laws of Utah 2018, Chapters 200 and 256
72-3-108
, as last amended by Laws of Utah 2010, Chapter 90
72-5-105
, as last amended by Laws of Utah 2017, First Special Session, Chapter 2
73-1-16
, as last amended by Laws of Utah 2010, Chapter 90
73-5-14
, as last amended by Laws of Utah 2010, Chapter 90
75-1-401
, as last amended by Laws of Utah 2010, Chapter 90
ENACTS:
63A-12-114
, Utah Code Annotated 1953
63A-16-101
, Utah Code Annotated 1953
63A-16-102
, Utah Code Annotated 1953
63A-16-202
, Utah Code Annotated 1953
63F-1-108
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63A-12-201
, (Renumbered from 63F-1-701, as last amended by Laws of Utah 2020,
Chapter 154)
63A-12-202
, (Renumbered from 63F-1-702, as enacted by Laws of Utah 2007, Chapter
249)
63A-16-201
, (Renumbered from 63A-1-203, as renumbered and amended by Laws of
Utah 2019, Chapter 370)
67-3-12
, (Renumbered from 63A-1-202, as last amended by Laws of Utah 2019,
Chapter 214 and renumbered and amended by Laws of Utah 2019, Chapter 370)
REPEALS:
63A-1-201
, as renumbered and amended by Laws of Utah 2019, Chapter 370
63A-1-204
, as renumbered and amended by Laws of Utah 2019, Chapter 370
63A-1-205
, as renumbered and amended by Laws of Utah 2019, Chapter 370
63A-1-206
, as renumbered and amended by Laws of Utah 2019, Chapter 370
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-21-106
 is amended to read:
4-21-106.
Exemption from certain operational requirements.
(1) The council is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 63A, Utah Administrative Services Code[
, except as provided in Subsection
(2)(c)
];
(c) Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt
procedures to ensure that the council makes purchases:
(i) in a manner that provides for fair competition between providers; and
(ii) at competitive prices;
(d) Title 63J, Chapter 1, Budgetary Procedures Act; and
(e) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The council is subject to:
(a) Title 51, Chapter 7, State Money Management Act;
(b) Title 52, Chapter 4, Open and Public Meetings Act;
(c) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
;
(d) Title 63G, Chapter 2, Government Records Access and Management Act;
(e) other Utah Code provisions not specifically exempted under Subsection
4-21-106
(1); and
(f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
legislative auditor pursuant to Section 
36-12-15
.
Section 2. Section 
4-22-107
 is amended to read:
4-22-107.
Exemption from certain operational requirements.
(1) The commission is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 51, Chapter 7, State Money Management Act;
(c) [
except as provided in Subsection (2)(b),
] Title 63A, Utah Administrative Services
Code;
(d) Title 63G, Chapter 6a, Utah Procurement Code, but the commission shall adopt
procedures to ensure that the commission makes purchases:
(i) in a manner that provides for fair competition between providers; and
(ii) at competitive prices;
(e) Title 63J, Chapter 1, Budgetary Procedures Act; and
(f) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The commission is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
; and
(c) Title 63G, Chapter 2, Government Records Access and Management Act.
Section 3. Section 
4-30-106
 is amended to read:
4-30-106.
Hearing on license application -- Notice of hearing.
(1) Upon the filing of an application, the department shall set a time for hearing on the
application in the city or town nearest the proposed site of the livestock market and cause
notice of the time and place of the hearing together with a copy of the application to be
forwarded by mail, not less than 15 days before the hearing date, to the following:
(a) each licensed livestock market operator within the state; and
(b) each livestock or other interested association or group of persons in the state that
has filed written notice with the department requesting receipt of notice of such hearings.
(2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
(a) in a daily or weekly newspaper of general circulation within the city or town where
the hearing is scheduled; and
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
Section 4. Section 
7-1-706
 is amended to read:
7-1-706.
Application to commissioner to exercise power -- Procedure.
(1) Except as provided in Sections 
7-1-704
 and 
7-1-705
, by filing a request for agency
action with the commissioner, any person may request the commissioner to:
(a) issue any rule or order;
(b) exercise any powers granted to the commissioner under this title; or
(c) act on any matter that is subject to the approval of the commissioner.
(2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
expense, cause a supervisor to make a careful investigation of the facts relevant or material to
the request.
(3) (a) The supervisor shall submit written findings and recommendations to the
commissioner.
(b) The application, any additional information furnished by the applicant, and the
findings and recommendations of the supervisor may be inspected by any person at the office
of the commissioner, except those portions of the application or report that the commissioner
designates as confidential to prevent a clearly unwarranted invasion of privacy.
(4) (a) If a hearing is held concerning the request, the commissioner shall publish
notice of the hearing at the applicant's expense:
(i) in a newspaper of general circulation within the county where the applicant is
located at least once a week for three successive weeks before the date of the hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the date of the hearing.
(b) The notice required by Subsection (4)(a) shall include the information required by
the department's rules.
(c) The commissioner shall act upon the request within 30 days after the close of the
hearing, based on the record before the commissioner.
(5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
within 90 days of receipt of the request based on:
(i) the application;
(ii) additional information filed with the commissioner; and
(iii) the findings and recommendations of the supervisor.
(b) The commissioner shall act on the request by issuing findings of fact, conclusions,
and an order, and shall mail a copy of each to:
(i) the applicant;
(ii) all persons who have filed protests to the granting of the application; and
(iii) other persons that the commissioner considers should receive copies.
(6) The commissioner may impose any conditions or limitations on the approval or
disapproval of a request that the commissioner considers proper to:
(a) protect the interest of creditors, depositors, and other customers of an institution;
(b) protect its shareholders or members; and
(c) carry out the purposes of this title.
Section 5. Section 
10-2-406
 is amended to read:
10-2-406.
Notice of certification -- Publishing and providing notice of petition.
(1) After receipt of the notice of certification from the city recorder or town clerk under
Subsection 
10-2-405
(2)(c)(i), the municipal legislative body shall publish notice:
(a) (i) at least once a week for three successive weeks, beginning no later than 10 days
after the day on which the municipal legislative body receives the notice of certification, in a
newspaper of general circulation within:
(A) the area proposed for annexation; and
(B) the unincorporated area within 1/2 mile of the area proposed for annexation;
(ii) if there is no newspaper of general circulation in the combined area described in
Subsections (1)(a)(i)(A) and (B), no later than 10 days after the day on which the municipal
legislative body receives the notice of certification, by posting one notice, and at least one
additional notice per 2,000 population within the combined area, in places within the combined
area that are most likely to give notice to the residents within, and the owners of real property
located within, the combined area; or
(iii) no later than 10 days after the day on which the municipal legislative body
receives the notice of certification, by mailing the notice to each residence within, and to each
owner of real property located within, the combined area described in Subsections (1)(a)(i)(A)
and (B);
(b) in accordance with Section 
45-1-101
, for three weeks, beginning no later than 10
days after the day on which the municipal legislative body receives the notice of certification;
(c) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks, beginning no later than 10 days after the day on which the municipal legislative
body receives the notice of certification;
(d) within 20 days after the day on which the municipal legislative body receives the
notice of certification, by mailing written notice to each affected entity; and
(e) if the municipality has a website, on the municipality's website for the period of
time described in Subsection (1)(c).
(2) The notice described in Subsection (1) shall:
(a) state that a petition has been filed with the municipality proposing the annexation of
an area to the municipality;
(b) state the date of the municipal legislative body's receipt of the notice of certification
under Subsection 
10-2-405
(2)(c)(i);
(c) describe the area proposed for annexation in the annexation petition;
(d) state that the complete annexation petition is available for inspection and copying at
the office of the city recorder or town clerk;
(e) state in conspicuous and plain terms that the municipality may grant the petition
and annex the area described in the petition unless, within the time required under Subsection
10-2-407
(2)(a)(i), a written protest to the annexation petition is filed with the commission and
a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
municipality;
(f) state the address of the commission or, if a commission has not yet been created in
the county, the county clerk, where a protest to the annexation petition may be filed;
(g) state that the area proposed for annexation to the municipality will also
automatically be annexed to a local district providing fire protection, paramedic, and
emergency services or a local district providing law enforcement service, as the case may be, as
provided in Section 
17B-1-416
, if:
(i) the proposed annexing municipality is entirely within the boundaries of a local
district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the area proposed to be annexed to the municipality is not already within the
boundaries of the local district; and
(h) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services or
a local district providing law enforcement service, as the case may be, as provided in
Subsection 
17B-1-502
(2), if:
(i) the petition proposes the annexation of an area that is within the boundaries of a
local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the proposed annexing municipality is not within the boundaries of the local
district.
(3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
written protest in terms of the actual date rather than by reference to the statutory citation.
(b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
for a proposed annexation of an area within a county of the first class shall include a statement
that a protest to the annexation petition may be filed with the commission by property owners if
it contains the signatures of the owners of private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation.
Section 6. Section 
10-2-407
 is amended to read:
10-2-407.
Protest to annexation petition -- Planning advisory area planning
commission recommendation -- Petition requirements -- Disposition of petition if no
protest filed.
(1) A protest to an annexation petition under Section 
10-2-403
 may be filed by:
(a) the legislative body or governing board of an affected entity;
(b) the owner of rural real property as defined in Section 
17B-2a-1107
; or
(c) for a proposed annexation of an area within a county of the first class, the owners of
private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation.
(2) Each protest under Subsection (1) shall:
(a) be filed:
(i) no later than 30 days after the municipal legislative body's receipt of the notice of
certification under Subsection 
10-2-405
(2)(c)(i); and
(ii) (A) in a county that has already created a commission under Section 
10-2-409
, with
the commission; or
(B) in a county that has not yet created a commission under Section 
10-2-409
, with the
clerk of the county in which the area proposed for annexation is located;
(b) state each reason for the protest of the annexation petition and, if the area proposed
to be annexed is located in a specified county, justification for the protest under the standards
established in this chapter;
(c) if the area proposed to be annexed is located in a specified county, contain other
information that the commission by rule requires or that the party filing the protest considers
pertinent; and
(d) contain the name and address of a contact person who is to receive notices sent by
the commission with respect to the protest proceedings.
(3) The party filing a protest under this section shall on the same date deliver or mail a
copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
(4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
(a) immediately notify the county legislative body of the protest; and
(b) deliver the protest to the boundary commission within five days after:
(i) receipt of the protest, if the boundary commission has previously been created; or
(ii) creation of the boundary commission under Subsection 
10-2-409
(1)(b), if the
boundary commission has not previously been created.
(5) (a) If a protest is filed under this section:
(i) the municipal legislative body may, at its next regular meeting after expiration of
the deadline under Subsection (2)(a)(i), deny the annexation petition; or
(ii) if the municipal legislative body does not deny the annexation petition under
Subsection (5)(a)(i), the municipal legislative body may take no further action on the
annexation petition until after receipt of the commission's notice of its decision on the protest
under Section 
10-2-416
.
(b) If a municipal legislative body denies an annexation petition under Subsection
(5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
the denial in writing to:
(i) the contact sponsor of the annexation petition;
(ii) the commission; and
(iii) each entity that filed a protest.
(6) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (7), approve the petition.
(7) Before approving an annexation petition under Subsection (6), the municipal
legislative body shall hold a public hearing and publish notice of the public hearing:
(a) (i) at least seven days before the day of the public hearing in a newspaper of general
circulation within the municipality and the area proposed for annexation;
(ii) if there is no newspaper of general circulation in the combined area described in
Subsection (7)(a)(i), at least seven days before the day of the public hearing, by posting one
notice, and at least one additional notice per 2,000 population within the combined area, in
places within the combined area that are most likely to give notice to the residents within, and
the owners of real property located within, the combined area; or
(iii) at least 10 days before the day of the public hearing by mailing the notice to each
residence within, and to each owner of real property located within, the combined area
described in Subsection (7)(a)(i);
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
seven days before the day of the public hearing;
(c) in accordance with Section 
45-1-101
, for seven days before the day of the public
hearing; and
(d) if the municipality has a website, on the municipality's website for seven days
before the day of the public hearing.
Section 7. Section 
10-2-415
 is amended to read:
10-2-415.
Public hearing -- Notice.
(1) (a) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 
10-2-416
(3) with respect to a proposed annexation of an area
located in a county of the first class, the commission shall hold a public hearing within 30 days
after the day on which the commission receives the feasibility study or supplemental feasibility
study results.
(b) At the public hearing described in Subsection (1)(a), the commission shall:
(i) require the feasibility consultant to present the results of the feasibility study and, if
applicable, the supplemental feasibility study;
(ii) allow those present to ask questions of the feasibility consultant regarding the study
results; and
(iii) allow those present to speak to the issue of annexation.
(2) The commission shall publish notice of the public hearing described in Subsection
(1)(a):
(a) (i) at least once a week for two successive weeks before the public hearing in a
newspaper of general circulation within the area proposed for annexation, the surrounding 1/2
mile of unincorporated area, and the proposed annexing municipality;
(ii) if there is no newspaper of general circulation within the combined area described
in Subsection (2)(a)(i), at least two weeks before the day of the public hearing, by posting one
notice, and at least one additional notice per 2,000 population within the combined area, in
places within the combined area that are most likely to give notice of the public hearing to the
residents within, and the owners of real property located within, the combined area; or
(iii) by mailing notice to each residence within, and to each owner of real property
located within, the combined area described in Subsection (2)(a)(i);
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks before the day of the public hearing;
(c) in accordance with Section 
45-1-101
, for two weeks before the day of the public
hearing;
(d) by sending written notice of the public hearing to the municipal legislative body of
the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
that filed a protest, and, if a protest was filed under Subsection 
10-2-407
(1)(c), the contact
person;
(e) if the municipality has a website, on the municipality's website for two weeks
before the day of the public hearing; and
(f) on the county's website for two weeks before the day of the public hearing.
(3) The notice described in Subsection (2) shall:
(a) be entitled, "notice of annexation hearing";
(b) state the name of the annexing municipality;
(c) describe the area proposed for annexation; and
(d) specify the following sources where an individual may obtain a copy of the
feasibility study conducted in relation to the proposed annexation:
(i) if the municipality has a website, the municipality's website;
(ii) a municipality's physical address; and
(iii) a mailing address and telephone number.
(4) Within 30 days after the time under Subsection 
10-2-407
(2) for filing a protest has
expired with respect to a proposed annexation of an area located in a specified county, the
boundary commission shall hold a hearing on all protests that were filed with respect to the
proposed annexation.
(5) At least 14 days before the date of a hearing described in Subsection (4), the
commission chair shall publish notice of the hearing:
(a) (i) in a newspaper of general circulation within the area proposed for annexation;
(ii) if there is no newspaper of general circulation within the area proposed for
annexation, by posting one notice, and at least one additional notice per 2,000 population
within the area in places within the area that are most likely to give notice of the hearing to the
residents within, and the owners of real property located within, the area; or
(iii) mailing notice to each resident within, and each owner of real property located
within, the area proposed for annexation;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
14 days before the day of the hearing;
(c) in accordance with Section 
45-1-101
, for 14 days before the day of the hearing;
(d) if the municipality has a website, on the municipality's website for two weeks
before the day of the public hearing; and
(e) on the county's website for two weeks before the day of the public hearing.
(6) Each notice described in Subsection (5) shall
:
(a)
 state the date, time, and place of the hearing;
[
(a)
] 
(b)
 briefly summarize the nature of the protest; and
[
(b)
] 
(c)
 state that a copy of the protest is on file at the commission's office.
(7) The commission may continue a hearing under Subsection (4) from time to time,
but no continued hearing may be held later than 60 days after the original hearing date.
(8) In considering protests, the commission shall consider whether the proposed
annexation:
(a) complies with the requirements of Sections 
10-2-402
 and 
10-2-403
 and the
annexation policy plan of the proposed annexing municipality;
(b) conflicts with the annexation policy plan of another municipality; and
(c) if the proposed annexation includes urban development, will have an adverse tax
consequence on the remaining unincorporated area of the county.
(9) (a) The commission shall record each hearing under this section by electronic
means.
(b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
applicable, information received at the hearing, and the written decision of the commission
shall constitute the record of the hearing.
Section 8. Section 
10-2-418
 is amended to read:
10-2-418.
Annexation of an island or peninsula without a petition -- Notice --
Hearing.
(1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
accordance with this section of an area located within a county of the first class,
"municipal-type services" does not include a service provided by a municipality pursuant to a
contract that the municipality has with another political subdivision as "political subdivision" is
defined in Section 
17B-1-102
.
(2) Notwithstanding Subsection 
10-2-402
(2), a municipality may annex an
unincorporated area under this section without an annexation petition if:
(a) for an unincorporated area within the expansion area of more than one municipality,
each municipality agrees to the annexation; and
(b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
or unincorporated peninsulas contiguous to the municipality;
(B) the majority of each island or peninsula consists of residential or commercial
development;
(C) the area proposed for annexation requires the delivery of municipal-type services;
and
(D) the municipality has provided most or all of the municipal-type services to the area
for more than one year;
(ii) (A) the area to be annexed consists of one or more unincorporated islands within or
unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
residents; and
(B) the municipality has provided one or more municipal-type services to the area for
at least one year;
(iii) the area consists of:
(A) an unincorporated island within or an unincorporated peninsula contiguous to the
municipality; and
(B) for an area outside of the county of the first class proposed for annexation, no more
than 50 acres; or
(iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
county of the second class;
(B) the area to be annexed is located in the expansion area of a municipality; and
(C) the county legislative body in which the municipality is located provides notice to
each property owner within the area to be annexed that the county legislative body will hold a
public hearing, no less than 15 days after the day on which the county legislative body provides
the notice, and may make a recommendation of annexation to the municipality whose
expansion area includes the area to be annexed after the public hearing.
(3) Notwithstanding Subsection 
10-2-402
(1)(b)(iii), a municipality may annex a
portion of an unincorporated island or unincorporated peninsula under this section, leaving
unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
(a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
determines that not annexing the entire unincorporated island or unincorporated peninsula is in
the municipality's best interest; and
(b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
the entire island of unincorporated area, of which a portion is being annexed, complies with the
requirement of Subsection (2)(b)(ii) relating to the number of residents.
(4) (a) This subsection applies only to an annexation within a county of the first class.
(b) A county of the first class shall agree to an annexation if the majority of private
property owners within the area to be annexed give written consent to the annexation, in
accordance with Subsection (4)(d), to the recorder of the annexing municipality.
(c) For purposes of Subsection (4)(b), the majority of private property owners is
property owners who own:
(i) the majority of the total private land area within the area proposed for annexation;
and
(ii) private real property equal to at least 1/2 the value of private real property within
the area proposed for annexation.
(d) A property owner consenting to annexation shall indicate the property owner's
consent on a form which includes language in substantially the following form:
"Notice: If this written consent is used to proceed with an annexation of your property
in accordance with Utah Code Section 
10-2-418
, no public election is required by law to
approve the annexation. If you sign this consent and later decide you do not want to support
the annexation of your property, you may withdraw your signature by submitting a signed,
written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
choose to withdraw your signature, you must do so no later than the close of the public hearing
on the annexation conducted in accordance with Utah Code Subsection 
10-2-418
(4)(d).".
(e) A private property owner may withdraw the property owner's signature indicating
consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
close of the public hearing held in accordance with Subsection (5)(b).
(5) The legislative body of each municipality intending to annex an area under this
section shall:
(a) adopt a resolution indicating the municipal legislative body's intent to annex the
area, describing the area proposed to be annexed; and
(b) hold a public hearing on the proposed annexation no earlier than 30 days after the
adoption of the resolution described in Subsection (5)(a).
(6) A legislative body described in Subsection (5) shall publish notice of a public
hearing described in Subsection (5)(b):
(a) (i) at least once a week for three successive weeks before the public hearing in a
newspaper of general circulation within the municipality and the area proposed for annexation;
(ii) if there is no newspaper of general circulation in the combined area described in
Subsection (6)(a)(i), at least three weeks before the day of the public hearing, by posting one
notice, and at least one additional notice per 2,000 population in the combined area, in places
within the combined area that are most likely to give notice to the residents within, and the
owners of real property located within, the combined area; or
(iii) at least three weeks before the day of the public hearing, by mailing notice to each
residence within, and each owner of real property located within, the combined area described
in Subsection (6)(a)(i);
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the day of the public hearing;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the public
hearing;
(d) by sending written notice to:
(i) the board of each local district and special service district whose boundaries contain
some or all of the area proposed for annexation; and
(ii) the legislative body of the county in which the area proposed for annexation is
located; and
(e) if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
(7) The legislative body of the annexing municipality shall ensure that:
(a) each notice described in Subsection (6):
(i) states that the municipal legislative body has adopted a resolution indicating the
municipality's intent to annex the area proposed for annexation;
(ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
(iii) describes the area proposed for annexation; and
(iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
states in conspicuous and plain terms that the municipal legislative body will annex the area
unless, at or before the public hearing described in Subsection (5)(b), written protests to the
annexation are filed by the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) covers a majority of the total private land area within the entire area proposed for
annexation; and
(C) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation; and
(b) the first publication of the notice described in Subsection (6)(a) occurs within 14
days after the day on which the municipal legislative body adopts a resolution under Subsection
(5)(a).
(8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
ordinance approving the annexation of the area proposed for annexation under this section
unless, at or before the hearing, written protests to the annexation have been filed with the
recorder or clerk of the municipality by the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the total private land area within the entire area proposed for
annexation; and
(iii) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation.
(b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
described in Subsection (5)(b), a municipality may adopt an ordinance approving the
annexation of the area proposed for annexation under this section without allowing or
considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
land area within the entire area proposed for annexation, representing at least 75% of the value
of the private real property within the entire area proposed for annexation, have consented in
writing to the annexation.
(ii) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
validly annexed.
(c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
described in Subsection (5)(b), a municipality may adopt an ordinance approving the
annexation of an area that the county legislative body proposes for annexation under this
section without allowing or considering protests under Subsection (8)(a) if the county
legislative body has formally recommended annexation to the annexing municipality and has
made a formal finding that:
(A) the area to be annexed can be more efficiently served by the municipality than by
the county;
(B) the area to be annexed is not likely to be naturally annexed by the municipality in
the future as the result of urban development;
(C) annexation of the area is likely to facilitate the consolidation of overlapping
functions of local government; and
(D) annexation of the area is likely to result in an equitable distribution of community
resources and obligations.
(ii) The county legislative body may base the finding required in Subsection
(8)(c)(i)(B) on:
(A) existing development in the area;
(B) natural or other conditions that may limit the future development of the area; or
(C) other factors that the county legislative body considers relevant.
(iii) A county legislative body may make the recommendation for annexation required
in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
information provided at the public hearing, the county legislative body makes a formal finding
that it would be equitable to leave a portion of the island unincorporated.
(iv) If a county legislative body has made a recommendation of annexation under
Subsection (8)(c)(i):
(A) the relevant municipality is not required to proceed with the recommended
annexation; and
(B) if the relevant municipality proceeds with annexation, the municipality shall annex
the entire area that the county legislative body recommended for annexation.
(v) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
validly annexed.
(9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
approving the annexation of the area proposed for annexation, and the annexation proceedings
under this section shall be considered terminated.
(b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
from a proposed annexation under Subsection (2)(b) the property within an unincorporated
island regarding which protests have been filed and proceeding under Subsection (3) to annex
some or all of the remaining portion of the unincorporated island.
Section 9. Section 
10-2-419
 is amended to read:
10-2-419.
Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries
may adjust their common boundaries as provided in this section.
(2) The legislative body of each municipality intending to adjust a boundary that is
common with another municipality shall:
(a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
common boundary; and
(b) hold a public hearing on the proposed adjustment no less than 60 days after the
adoption of the resolution under Subsection (2)(a).
(3) A legislative body described in Subsection (2) shall publish notice of a public
hearing described in Subsection (2)(b):
(a) (i) at least once a week for three successive weeks before the public hearing in a
newspaper of general circulation within the municipality;
(ii) if there is no newspaper of general circulation within the municipality, at least three
weeks before the day of the public hearing, by posting one notice, and at least one additional
notice per 2,000 population of the municipality, in places within the municipality that are most
likely to give notice to residents of the municipality; or
(iii) at least three weeks before the day of the public hearing, by mailing notice to each
residence in the municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the day of the public hearing;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the public
hearing;
(d) if the proposed boundary adjustment may cause any part of real property owned by
the state to be within the geographic boundary of a different local governmental entity than
before the adjustment, by providing written notice, at least 50 days before the day of the public
hearing, to:
(i) the title holder of any state-owned real property described in this Subsection (3)(d);
and
(ii) the Utah State Developmental Center Board, created under Section 
62A-5-202
, if
any state-owned real property described in this Subsection (3)(d) is associated with the Utah
State Developmental Center; and
(e) if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
(4) The notice described in Subsection (3) shall:
(a) state that the municipal legislative body has adopted a resolution indicating the
municipal legislative body's intent to adjust a boundary that the municipality has in common
with another municipality;
(b) describe the area proposed to be adjusted;
(c) state the date, time, and place of the public hearing described in Subsection (2)(b);
(d) state in conspicuous and plain terms that the municipal legislative body will adjust
the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
protest to the adjustment is filed by:
(i) an owner of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed for
adjustment; and
(C) is equal in value to at least 15% of the value of all private real property within the
area proposed for adjustment; or
(ii) a title holder of state-owned real property described in Subsection (3)(d);
(e) state that the area that is the subject of the boundary adjustment will, because of the
boundary adjustment, be automatically annexed to a local district providing fire protection,
paramedic, and emergency services or a local district providing law enforcement service, as the
case may be, as provided in Section 
17B-1-416
, if:
(i) the municipality to which the area is being added because of the boundary
adjustment is entirely within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is not within the boundaries of the local district; and
(f) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services,
as provided in Subsection 
17B-1-502
(2), if:
(i) the municipality to which the area is being added because of the boundary
adjustment is not within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is entirely within the boundaries of the local district.
(5) The first publication of the notice described in Subsection (3)(a)(i) shall be within
14 days after the day on which the municipal legislative body adopts a resolution under
Subsection (2)(a).
(6) Upon conclusion of the public hearing described in Subsection (2)(b), the
municipal legislative body may adopt an ordinance approving the adjustment of the common
boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
adjustment is filed with the city recorder or town clerk by a person described in Subsection
(3)(d)(i) or (ii).
(7) The municipal legislative body shall comply with the requirements of Section
10-2-425
 as if the boundary adjustment were an annexation.
(8) (a) An ordinance adopted under Subsection (6) becomes effective when each
municipality involved in the boundary adjustment has adopted an ordinance under Subsection
(6).
(b) The effective date of a boundary adjustment under this section is governed by
Section 
10-2-425
.
Section 10. Section 
10-2-501
 is amended to read:
10-2-501.
Municipal disconnection -- Definitions -- Request for disconnection --
Requirements upon filing request.
(1) As used in this part "petitioner" means:
(a) one or more persons who:
(i) own title to real property within the area proposed for disconnection; and
(ii) sign a request for disconnection proposing to disconnect the area proposed for
disconnection from the municipality; or
(b) the mayor of the municipality within which the area proposed for disconnection is
located who signs a request for disconnection proposing to disconnect the area proposed for
disconnection from the municipality.
(2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
municipality shall file with that municipality's legislative body a request for disconnection.
(b) Each request for disconnection shall:
(i) contain the names, addresses, and signatures of the owners of more than 50% of any
private real property in the area proposed for disconnection;
(ii) give the reasons for the proposed disconnection;
(iii) include a map or plat of the territory proposed for disconnection; and
(iv) designate between one and five persons with authority to act on the petitioner's
behalf in the proceedings.
(3) Upon filing the request for disconnection, the petitioner shall publish notice of the
request:
(a) (i) once a week for three consecutive weeks before the public hearing described in
Section 
10-2-502.5
 in a newspaper of general circulation within the municipality;
(ii) if there is no newspaper of general circulation in the municipality, at least three
weeks before the day of the public hearing described in Section 
10-2-502.5
, by posting one
notice, and at least one additional notice per 2,000 population of the municipality, in places
within the municipality that are most likely to give notice to the residents within, and the
owners of real property located within, the municipality, including the residents who live in the
area proposed for disconnection; or
(iii) at least three weeks before the day of the public hearing described in Section
10-2-502.5
, by mailing notice to each residence within, and each owner of real property located
within, the municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the day of the public hearing described in Section 
10-2-502.5
;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the public
hearing described in Section 
10-2-502.5
;
(d) by mailing notice to each owner of real property located within the area proposed to
be disconnected;
(e) by delivering a copy of the request to the legislative body of the county in which the
area proposed for disconnection is located; and
(f) if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
Section 11. Section 
10-2-502.5
 is amended to read:
10-2-502.5.
Hearing on request for disconnection -- Determination by municipal
legislative body -- Petition in district court.
(1) No sooner than seven calendar days after, and no later than 30 calendar days after,
the last day on which the petitioner publishes the notice required under Subsection
10-2-501
(3)(a), the legislative body of the municipality in which the area proposed for
disconnection is located shall hold a public hearing.
(2) The municipal legislative body shall provide notice of the public hearing:
(a) at least seven days before the hearing date, in writing to the petitioner and to the
legislative body of the county in which the area proposed for disconnection is located;
(b) (i) at least seven days before the hearing date, by publishing notice in a newspaper
of general circulation within the municipality;
(ii) if there is no newspaper of general circulation within the municipality, at least
seven days before the hearing date, by posting one notice, and at least one additional notice per
2,000 population of the municipality, in places within the municipality that are most likely to
give notice to residents within, and the owners of real property located within, the municipality;
or
(iii) at least 10 days before the hearing date, by mailing notice to each residence within,
and each owner of real property located within, the municipality;
(c) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
seven days before the hearing date;
(d) in accordance with Section 
45-1-101
, for seven days before the hearing date; and
(e) if the municipality has a website, on the municipality's website for seven days
before the hearing date.
(3) In the public hearing, any person may speak and submit documents regarding the
disconnection proposal.
(4) Within 45 calendar days of the hearing, the municipal legislative body shall:
(a) determine whether to grant the request for disconnection; and
(b) if the municipality determines to grant the request, adopt an ordinance approving
disconnection of the area from the municipality.
(5) (a) A petition against the municipality challenging the municipal legislative body's
determination under Subsection (4) may be filed in district court by:
(i) the petitioner; or
(ii) the county in which the area proposed for disconnection is located.
(b) Each petition under Subsection (5)(a) shall include a copy of the request for
disconnection.
Section 12. Section 
10-2-607
 is amended to read:
10-2-607.
Notice of election.
If the county legislative bodies find that the resolution or petition for consolidation and
their attachments substantially conform with the requirements of this part, the county
legislative bodies shall publish notice of the election for consolidation to the voters of each
municipality that would become part of the consolidated municipality:
(1) (a) in a newspaper of general circulation within the boundaries of the municipality
at least once a week for four consecutive weeks before the election;
(b) if there is no newspaper of general circulation in the municipality, at least four
weeks before the day of the election, by posting one notice, and at least one additional notice
per 2,000 population of the municipality, in places within the municipality that are most likely
to give notice to the voters in the municipality; or
(c) at least four weeks before the day of the election, by mailing notice to each
registered voter in the municipality;
(2) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least four weeks before the day of the election;
(3) in accordance with Section 
45-1-101
, for at least four weeks before the day of the
election; and
(4) if the municipality has a website, on the municipality's website for at least four
weeks before the day of the election.
Section 13. Section 
10-2-703
 is amended to read:
10-2-703.
Publication of notice of election.
(1) Immediately after setting the date for the election, the court shall order for
publication notice of the:
(a) petition; and
(b) date the election is to be held to determine the question of dissolution.
(2) The notice described in Subsection (1) shall be published:
(a) (i) for at least once a week for a period of four weeks before the election in a
newspaper of general circulation in the municipality;
(ii) if there is no newspaper of general circulation in the municipality, at least four
weeks before the day of the election, by posting one notice, and at least one additional notice
per 2,000 population of the municipality, in places within the municipality that are most likely
to give notice to the voters in the municipality; or
(iii) at least one month before the day of the election, by mailing notice to each
registered voter in the municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
(d) if the municipality has a website, on the municipality's website for four weeks
before the day of the election.
Section 14. Section 
10-2-708
 is amended to read:
10-2-708.
Notice of disincorporation -- Publication and filing.
When a municipality has been dissolved, the clerk of the court shall publish notice of
the dissolution:
(1) (a) in a newspaper of general circulation in the county in which the municipality is
located at least once a week for four consecutive weeks;
(b) if there is no newspaper of general circulation in the county in which the
municipality is located, by posting one notice, and at least one additional notice per 2,000
population of the county in places within the county that are most likely to give notice to the
residents within, and the owners of real property located within, the county, including the
residents and owners within the municipality that is dissolved; or
(c) by mailing notice to each residence within, and each owner of real property located
within, the county;
(2) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks;
(3) in accordance with Section 
45-1-101
, for four weeks;
(4) if the municipality has a website, on the municipality's website for four weeks; and
(5) on the county's website for four weeks.
Section 15. Section 
10-2a-207
 is amended to read:
10-2a-207.
Public hearings on feasibility study results -- Notice of hearings.
(1) If the results of the feasibility study or supplemental feasibility study comply with
Subsection 
10-2a-205
(6)(a), the lieutenant governor shall, after receipt of the results of the
feasibility study or supplemental feasibility study, conduct at least two public hearings:
(a) within 60 days after the day on which the lieutenant governor receives the results;
(b) at least seven days apart;
(c) except in a proposed municipality that will be a city of the fifth class or a town, in
geographically diverse locations;
(d) within or near the proposed municipality;
(e) to allow the feasibility consultant to present the results of the feasibility study; and
(f) to inform the public about the results of the feasibility study.
(2) At each public hearing described in Subsection (1), the lieutenant governor shall:
(a) provide a map or plat of the boundary of the proposed municipality;
(b) provide a copy of the feasibility study for public review;
(c) allow members of the public to express views about the proposed incorporation,
including views about the proposed boundaries; and
(d) allow the public to ask the feasibility consultant questions about the feasibility
study.
(3) The lieutenant governor shall publish notice of the public hearings described in
Subsection (1):
(a) (i) at least once a week for three consecutive weeks before the first public hearing
in a newspaper of general circulation within the proposed municipality;
(ii) if there is no newspaper of general circulation in the proposed municipality, at least
three weeks before the day of the first public hearing, by posting one notice, and at least one
additional notice per 2,000 population of the proposed municipality, in places within the
proposed municipality that are most likely to give notice to the residents within, and the owners
of real property located within, the proposed municipality; or
(iii) at least three weeks before the first public hearing, by mailing notice to each
residence within, and each owner of real property located within, the proposed municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the day of the first public hearing;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the first
public hearing; and
(d) on the lieutenant governor's website for three weeks before the day of the first
public hearing.
(4) The last notice required to be published under Subsection (3)(a)(i) shall be at least
three days before the first public hearing required under Subsection (1).
(5) (a) Except as provided in Subsection (5)(b), the notice described in Subsection (3)
shall include the feasibility study summary described in Subsection 
10-2a-205
(3)(c) and shall
indicate that a full copy of the study is available on the lieutenant governor's website and for
inspection at the Office of the Lieutenant Governor.
(b) Instead of publishing the feasability summary under Subsection (5)(a), the
lieutenant governor may publish a statement that specifies the following sources where a
resident within, or the owner of real property located within, the proposed municipality, may
view or obtain a copy of the feasability study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
Section 16. Section 
10-2a-210
 is amended to read:
10-2a-210.
Incorporation election.
(1) (a) If the lieutenant governor certifies a petition under Subsection 
10-2a-209
(1)(b),
the lieutenant governor shall schedule an incorporation election for the proposed municipality
described in the petition to be held on the date of the next regular general election described in
Section 
20A-1-201
, or the next municipal general election described in Section 
20A-1-202
, that
is at least 65 days after the day on which the lieutenant governor certifies the petition.
(b) (i) The lieutenant governor shall direct the county legislative body of the county in
which the proposed municipality is located to hold the election on the date that the lieutenant
governor schedules under Subsection (1)(a).
(ii) The county shall hold the election as directed by the lieutenant governor under
Subsection (1)(b)(i).
(2) The county clerk shall publish notice of the election:
(a) (i) in a newspaper of general circulation within the area proposed to be incorporated
at least once a week for three successive weeks before the election;
(ii) if there is no newspaper of general circulation in the area proposed to be
incorporated, at least three weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the area proposed to be incorporated, in
places within the area proposed to be incorporated that are most likely to give notice to the
voters within the area proposed to be incorporated; or
(iii) at least three weeks before the day of the election, by mailing notice to each
registered voter in the area proposed to be incorporated;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the election;
(d) if the proposed municipality has a website, on the proposed municipality's website
for three weeks before the day of the election; and
(e) on the county's website for three weeks before the day of the election.
(3) (a) The notice required by Subsection (2) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a municipality;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) except as provided in Subsection (3)(c), the feasibility study summary described in
Subsection 
10-2a-205
(3)(c) and a statement that a full copy of the study is available on the
lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
(b) The last notice required to be published under Subsection (2)(a)(i) shall be
published at least one day, but no more than seven days, before the day of the election.
(c) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the notice
may include a statement that specifies the following sources where a registered voter in area
proposed to be incorporated may view or obtain a copy the feasibility study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
(4) An individual may not vote in an incorporation election under this section unless
the individual is a registered voter who resides, as defined in Section 
20A-1-102
, within the
boundaries of the proposed municipality.
(5) If a majority of those who vote in an incorporation election held under this section
cast votes in favor of incorporation, the area shall incorporate.
Section 17. Section 
10-2a-213
 is amended to read:
10-2a-213.
Determination of number of council members -- Determination of
election districts -- Hearings and notice.
(1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
after the day on which the county conducts the canvass of the election under Section
10-2a-212
:
(a) for the incorporation of a city:
(i) if the voters at the incorporation election choose the council-mayor form of
government, determine the number of council members that will constitute the city council of
the city; and
(ii) if the voters at the incorporation election vote to elect council members by district,
determine the number of council members to be elected by district and draw the boundaries of
those districts, which shall be substantially equal in population; and
(b) for the incorporation of any municipality:
(i) determine the initial terms of the mayor and members of the municipal council so
that:
(A) the mayor and approximately half the members of the municipal council are
elected to serve an initial term, of no less than one year, that allows the mayor's and members'
successors to serve a full four-year term that coincides with the schedule established in
Subsection 
10-3-205
(1); and
(B) the remaining members of the municipal council are elected to serve an initial
term, of no less than one year, that allows the members' successors to serve a full four-year
term that coincides with the schedule established in Subsection 
10-3-205
(2); and
(ii) submit in writing to the county legislative body the results of the determinations
made by the sponsors under Subsections (1)(a) and (b)(i).
(2) A newly incorporated town shall operate under the five-member council form of
government as defined in Section 
10-3b-102
.
(3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
sponsors shall hold a public hearing within the future municipality on the applicable issues
described in Subsections (1)(a) and (b)(i).
(4) The petition sponsors shall publish notice of the public hearing described in
Subsection (3):
(a) (i) in a newspaper of general circulation within the future municipality at least once
a week for two successive weeks before the public hearing;
(ii) if there is no newspaper of general circulation in the future municipality, at least
two weeks before the day of the public hearing, by posting one notice, and at least one
additional notice per 2,000 population of the future municipality, in places within the future
municipality that are most likely to give notice to the residents within, and the owners of real
property located within, the future municipality; or
(iii) at least two weeks before the day of the public hearing, by mailing notice to each
residence within, and each owner of real property located within, the future municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks before the day of the public hearing;
(c) in accordance with Section 
45-1-101
, for at least two weeks before the day of the
public hearing;
(d) if the future municipality has a website, for two weeks before the day of the public
hearing; and
(e) on the county's website for two weeks before the day of the public hearing.
(5) The last notice required to be published under Subsection (4)(a)(i) shall be
published at least three days before the day of the public hearing described in Subsection (3).
Section 18. Section 
10-2a-214
 is amended to read:
10-2a-214.
Notice of number of commission or council members to be elected and
of district boundaries -- Declaration of candidacy for municipal office.
(1) Within 20 days after the day on which a county legislative body receives the
petition sponsors' determination under Subsection 
10-2a-213
(1)(b)(ii), the county clerk shall
publish, in accordance with Subsection (2), notice containing:
(a) the number of municipal council members to be elected for the new municipality;
(b) except as provided in Subsection (3), if some or all of the municipal council
members are to be elected by district, a description of the boundaries of those districts;
(c) information about the deadline for an individual to file a declaration of candidacy to
become a candidate for mayor or municipal council; and
(d) information about the length of the initial term of each of the municipal officers.
(2) The county clerk shall publish the notice described in Subsection (1):
(a) (i) in a newspaper of general circulation within the future municipality at least once
a week for two consecutive weeks;
(ii) if there is no newspaper of general circulation in the future municipality, by posting
one notice, and at least one additional notice per 2,000 population of the future municipality, in
places within the future municipality that are most likely to give notice to the residents in the
future municipality; or
(iii) by mailing notice to each residence in the future municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks;
(c) in accordance with Section 
45-1-101
, for two weeks;
(d) if the future municipality has a website, on the future municipality's website for two
weeks; and
(e) on the county's website for two weeks.
(3) Instead of publishing the district boundaries described in Subsection (1)(b), the
notice may include a statement that specifies the following sources where a resident of the
future municipality may view or obtain a copy the district:
(a) the county website;
(b) the physical address of the county offices; and
(c) a mailing address and telephone number.
(4) Notwithstanding Subsection 
20A-9-203
(3)(a), each individual seeking to become a
candidate for mayor or municipal council of a municipality incorporating under this part shall
file a declaration of candidacy with the clerk of the county in which the future municipality is
located and in accordance with:
(a) for an incorporation held on the date of a regular general election, the deadlines for
filing a declaration of candidacy under Section 
20A-9-202
; or
(b) for an incorporation held on the date of a municipal general election, the deadlines
for filing a declaration of candidacy under Section 
20A-9-203
.
Section 19. Section 
10-2a-215
 is amended to read:
10-2a-215.
Election of officers of new municipality -- Primary and final election
dates -- County clerk duties -- Candidate duties -- Occupation of office.
(1) For the election of municipal officers, the county legislative body shall:
(a) unless a primary election is prohibited under Subsection 
20A-9-404
(2), hold a
primary election; and
(b) unless the election may be cancelled in accordance with Section 
20A-1-206
, hold a
final election.
(2) Each election described in Subsection (1) shall be held:
(a) consistent with the petition sponsors' determination of the length of each council
member's initial term; and
(b) for the incorporation of a city:
(i) appropriate to the form of government chosen by the voters at the incorporation
election;
(ii) consistent with the voters' decision about whether to elect city council members by
district and, if applicable, consistent with the boundaries of those districts as determined by the
petition sponsors; and
(iii) consistent with the sponsors' determination of the number of city council members
to be elected.
(3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 
20A-1-201.5
(2),
the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
(i) regular primary election described in Subsection 
20A-1-201.5
(1); or
(ii) municipal primary election described in Section 
20A-9-404
.
(b) The county shall hold the primary election, if necessary, on the next election date
described in Subsection (3)(a) that is after the incorporation election conducted under Section
10-2a-210
.
(4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
Subsection (1)(b):
(i) on the following election date that next follows the date of the incorporation
election held under Subsection 
10-2a-210
(1)(a);
(ii) a regular general election described in Section 
20A-1-201
; or
(iii) a regular municipal general election under Section 
20A-1-202
.
(b) The county shall hold the final election on the earliest of the next election date that
is listed in Subsection (4)(a)(i), (ii), or (iii):
(i) that is after a primary election; or
(ii) if there is no primary election, that is at least:
(A) 75 days after the incorporation election under Section 
10-2a-210
; and
(B) 65 days after the candidate filing period.
(5) The county clerk shall publish notice of an election under this section:
(a) (i) in accordance with Subsection (6), at least once a week for two consecutive
weeks before the election in a newspaper of general circulation within the future municipality;
(ii) if there is no newspaper of general circulation in the future municipality, at least
two weeks before the day of the election, by posting one notice, and at least one additional
notice per 2,000 population of the future municipality, in places within the future municipality
that are most likely to give notice to the voters within the future municipality; or
(iii) at least two weeks before the day of the election, by mailing notice to each
registered voter within the future municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for two weeks before the day of the election;
(d) if the future municipality has a website, on the future municipality's website for two
weeks before the day of the election; and
(e) on the county's website for two weeks before the day of the election.
(6) The last notice required to be published under Subsection (5)(a)(i) shall be
published at least one day but no more than seven days before the day of the election.
(7) Until the municipality is incorporated, the county clerk:
(a) is the election officer for all purposes related to the election of municipal officers;
(b) may, as necessary, determine appropriate deadlines, procedures, and instructions
related to the election of municipal officers for a new municipality that are not otherwise
contrary to law;
(c) shall require and determine deadlines for municipal office candidates to file
campaign financial disclosures in accordance with Section 
10-3-208
; and
(d) shall ensure that the ballot for the election includes each office that is required to be
included in the election for officers of the newly incorporated municipality, including the term
of each office.
(8) An individual who has filed as a candidate for an office described in this section
shall comply with:
(a) the campaign finance disclosure requirements described in Section 
10-3-208
; and
(b) the requirements and deadlines established by the county clerk under this section.
(9) Notwithstanding Section 
10-3-201
, the officers elected at a final election described
in Subsection (4)(a) shall take office:
(a) after taking the oath of office; and
(b) at noon on the first Monday following the day on which the election official
transmits a certificate of nomination or election under the officer's seal to each elected
candidate in accordance with Subsection 
20A-4-304
(4)(b).
Section 20. Section 
10-2a-405
 is amended to read:
10-2a-405.
Duties of county legislative body -- Public hearing -- Notice -- Other
election and incorporation issues -- Rural real property excluded.
(1) The legislative body of a county of the first class shall before an election described
in Section 
10-2a-404
:
(a) in accordance with Subsection (3), publish notice of the public hearing described in
Subsection (1)(b);
(b) hold a public hearing; and
(c) at the public hearing, adopt a resolution:
(i) identifying, including a map prepared by the county surveyor, all unincorporated
islands within the county;
(ii) identifying each eligible city that will annex each unincorporated island, including
whether the unincorporated island may be annexed by one eligible city or divided and annexed
by multiple eligible cities, if approved by the residents at an election under Section 
10-2a-404
;
and
(iii) identifying, including a map prepared by the county surveyor, the planning
townships within the county and any changes to the boundaries of a planning township that the
county legislative body proposes under Subsection (5).
(2) The county legislative body shall exclude from a resolution adopted under
Subsection (1)(c) rural real property unless the owner of the rural real property provides written
consent to include the property in accordance with Subsection (7).
(3) (a) The county clerk shall publish notice of the public hearing described in
Subsection (1)(b):
(i) by mailing notice to each owner of real property located in an unincorporated island
or planning township no later than 15 days before the day of the public hearing;
(ii) at least once a week for three successive weeks in a newspaper of general
circulation within each unincorporated island, each eligible city, and each planning township;
and
(iii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
,
for three weeks before the day of the public hearing.
(b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
three days before the first public hearing required under Subsection (1)(b).
(c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
within an unincorporated island, an eligible city, or a planning township, the county clerk shall
post at least one notice of the hearing per 1,000 population in conspicuous places within the
selected unincorporated island, eligible city, or planning township, as applicable, that are most
likely to give notice of the hearing to the residents of the unincorporated island, eligible city, or
planning township.
(ii) The clerk shall post the notices under Subsection (3)(c)(i) at least seven days before
the hearing under Subsection (1)(b).
(d) The notice under Subsection (3)(a) or (c) shall include:
(i) (A) for a resident of an unincorporated island, a statement that the property in the
unincorporated island may be, if approved at an election under Section 
10-2a-404
, annexed by
an eligible city, including divided and annexed by multiple cities if applicable, and the name of
the eligible city or cities; or
(B) for residents of a planning township, a statement that the property in the planning
township shall be, pending the results of the election held under Section 
10-2a-404
,
incorporated as a city, town, or metro township;
(ii) the location and time of the public hearing; and
(iii) the county website where a map may be accessed showing:
(A) how the unincorporated island boundaries will change if annexed by an eligible
city; or
(B) how the planning township area boundaries will change, if applicable under
Subsection (5), when the planning township incorporates as a metro township or as a city or
town.
(e) The county clerk shall publish a map described in Subsection (3)(d)(iii) on the
county website.
(4) The county legislative body may, by ordinance or resolution adopted at a public
meeting and in accordance with applicable law, resolve an issue that arises with an election
held in accordance with this part or the incorporation and establishment of a metro township in
accordance with this part.
(5) (a) The county legislative body may, by ordinance or resolution adopted at a public
meeting, change the boundaries of a planning township.
(b) A change to a planning township boundary under this Subsection (5) is effective
only upon the vote of the residents of the planning township at an election under Section
10-2a-404
 to incorporate as a metro township or as a city or town and does not affect the
boundaries of the planning township before the election.
(c) The county legislative body:
(i) may alter a planning township boundary under Subsection (5)(a) only if the
alteration:
(A) affects less than 5% of the residents residing within the planning advisory area; and
(B) does not increase the area located within the planning township's boundaries; and
(ii) may not alter the boundaries of a planning township whose boundaries are entirely
surrounded by one or more municipalities.
(6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
annexation or an incorporation process that, if approved, would change the boundaries of a
planning township.
(7) (a) As used in this Subsection (7), "rural real property" means an area:
(i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
(ii) that does not include residential units with a density greater than one unit per acre.
(b) Unless an owner of rural real property gives written consent to a county legislative
body, rural real property described in Subsection (7)(c) may not be:
(i) included in a planning township identified under Subsection (1)(c); or
(ii) incorporated as part of a metro township, city, or town, in accordance with this
part.
(c) The following rural real property is subject to an owner's written consent under
Subsection (7)(b):
(i) rural real property that consists of 1,500 or more contiguous acres of real property
consisting of one or more tax parcels;
(ii) rural real property that is not contiguous to, but used in connection with, rural real
property that consists of 1,500 or more contiguous acres of real property consisting of one or
more tax parcels;
(iii) rural real property that is owned, managed, or controlled by a person, company, or
association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
contiguous acres of rural real property consisting of one or more tax parcels; or
(iv) rural real property that is located in whole or in part in one of the following as
defined in Section 
17-41-101
:
(A) an agricultural protection area;
(B) an industrial protection area; or
(C) a mining protection area.
Section 21. Section 
10-3-301
 is amended to read:
10-3-301.
Notice -- Eligibility and residency requirements for elected municipal
office -- Mayor and recorder limitations.
(1) As used in this section:
(a) "Absent" means that an elected municipal officer fails to perform official duties,
including the officer's failure to attend each regularly scheduled meeting that the officer is
required to attend.
(b) "Principal place of residence" means the same as that term is defined in Section
20A-2-105
.
(c) "Secondary residence" means a place where an individual resides other than the
individual's principal place of residence.
(2) (a) On or before May 1 in a year in which there is a municipal general election, the
municipal clerk shall publish a notice that identifies:
(i) the municipal offices to be voted on in the municipal general election; and
(ii) the dates for filing a declaration of candidacy for the offices identified under
Subsection (2)(a)(i).
(b) The municipal clerk shall publish the notice described in Subsection (2)(a):
(i) on the Utah Public Notice Website established by Section [
63F-1-701
] 
63A-12-201
;
and
(ii) in at least one of the following ways:
(A) at the principal office of the municipality;
(B) in a newspaper of general circulation within the municipality at least once a week
for two successive weeks in accordance with Section 
45-1-101
;
(C) in a newsletter produced by the municipality;
(D) on a website operated by the municipality; or
(E) with a utility enterprise fund customer's bill.
(3) (a) An individual who files a declaration of candidacy for a municipal office shall
comply with the requirements described in Section 
20A-9-203
.
(b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
Subsections 
20A-9-203
(3)(a)(i) and (c)(i) unless the date occurs on a:
(A) Saturday or Sunday; or
(B) state holiday as listed in Section 
63G-1-301
.
(ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
(3)(b)(i) without maintaining office hours by:
(A) posting the recorder's or clerk's contact information, including a phone number and
email address, on the recorder's or clerk's office door, the main door to the municipal offices,
and, if available, on the municipal website; and
(B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
via the contact information described in Subsection (3)(b)(ii)(A).
(4) An individual elected to municipal office shall be a registered voter in the
municipality in which the individual is elected.
(5) (a) Each elected officer of a municipality shall maintain a principal place of
residence within the municipality, and within the district that the elected officer represents,
during the officer's term of office.
(b) Except as provided in Subsection (6), an elected municipal office is automatically
vacant if the officer elected to the municipal office, during the officer's term of office:
(i) establishes a principal place of residence outside the district that the elected officer
represents;
(ii) resides at a secondary residence outside the district that the elected officer
represents for a continuous period of more than 60 days while still maintaining a principal
place of residence within the district;
(iii) is absent from the district that the elected officer represents for a continuous period
of more than 60 days; or
(iv) fails to respond to a request, within 30 days after the day on which the elected
officer receives the request, from the county clerk or the lieutenant governor seeking
information to determine the officer's residency.
(6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
consent of the municipal legislative body in accordance with Subsection (6)(b) before the
expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
(i) reside at a secondary residence outside the district that the elected officer represents
while still maintaining a principal place of residence within the district for a continuous period
of up to one year during the officer's term of office; or
(ii) be absent from the district that the elected officer represents for a continuous period
of up to one year during the officer's term of office.
(b) At a public meeting, the municipal legislative body may give the consent described
in Subsection (6)(a) by majority vote after taking public comment regarding:
(i) whether the legislative body should give the consent; and
(ii) the length of time to which the legislative body should consent.
(7) (a) The mayor of a municipality may not also serve as the municipal recorder or
treasurer.
(b) The recorder of a municipality may not also serve as the municipal treasurer.
(c) An individual who holds a county elected office may not, at the same time, hold a
municipal elected office.
(d) The restriction described in Subsection (7)(c) applies regardless of whether the
individual is elected to the office or appointed to fill a vacancy in the office.
Section 22. Section 
10-3-818
 is amended to read:
10-3-818.
Salaries in municipalities.
(1) The elective and statutory officers of municipalities shall receive such
compensation for their services as the governing body may fix by ordinance adopting
compensation or compensation schedules enacted after public hearing.
(2) Upon its own motion the governing body may review or consider the compensation
of any officer or officers of the municipality or a salary schedule applicable to any officer or
officers of the city for the purpose of determining whether or not it should be adopted, changed,
or amended. In the event that the governing body decides that the compensation or
compensation schedules should be adopted, changed, or amended, it shall set a time and place
for a public hearing at which all interested persons shall be given an opportunity to be heard.
(3) (a) Notice of the time, place, and purpose of the meeting shall be published at least
seven days before the meeting by publication:
(i) at least once in a newspaper published in the county within which the municipality
is situated and generally circulated in the municipality; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
given by posting this notice in three public places in the municipality.
(4) After the conclusion of the public hearing, the governing body may enact an
ordinance fixing, changing, or amending the compensation of any elective or appointive officer
of the municipality or adopting a compensation schedule applicable to any officer or officers.
(5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
establishing a salary or compensation schedule for its elective or appointive officers and any
salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
municipality has enacted an ordinance pursuant to the provisions of this chapter.
(6) The compensation of all municipal officers shall be paid at least monthly out of the
municipal treasury provided that municipalities having 1,000 or fewer population may by
ordinance provide for the payment of its statutory officers less frequently. None of the
provisions of this chapter shall be considered as limiting or restricting the authority to any
municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
Section 5, to determine the salaries of its elective and appointive officers or employees.
Section 23. Section 
10-5-107.5
 is amended to read:
10-5-107.5.
Transfer of enterprise fund money to another fund.
(1) As used in this section:
(a) "Budget hearing" means a public hearing required under Section 
10-5-108
.
(b) "Enterprise fund accounting data" means a detailed overview of the various
enterprise funds of the town that includes:
(i) a cost accounting breakdown of how money in the enterprise fund is being used to
cover, as applicable:
(A) administrative and overhead costs of the town attributable to the operation of the
enterprise for which the enterprise fund was created; and
(B) other costs not associated with the enterprise for which the enterprise fund was
created; and
(ii) specific enterprise fund information.
(c) "Enterprise fund hearing" means the public hearing required under Subsection
(3)(d).
(d) "Specific enterprise fund information" means:
(i) the dollar amount of transfers from an enterprise fund to another fund; and
(ii) the percentage of the total enterprise fund expenditures represented by each transfer
to another fund.
(2) Subject to the requirements of this section, a town may transfer money in an
enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
that is not directly related to the goods or services provided by the enterprise for which the
enterprise fund was created.
(3) The governing body of a town that intends to transfer money in an enterprise fund
to another fund shall:
(a) provide notice of the intended transfer as required under Subsection (4);
(b) clearly identify in a separate section or document accompanying the town's
tentative budget or, if an amendment to the town's budget includes or is based on an intended
transfer, in a separate section or document accompanying the amendment to the town's budget:
(i) the enterprise fund from which money is intended to be transferred; and
(ii) the specific enterprise fund information for that enterprise fund;
(c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
(d) hold an enterprise fund hearing before the adoption of the town's budget or, if
applicable, the amendment to the budget.
(4) (a) At least seven days before holding an enterprise fund hearing, a governing body
shall:
(i) provide the notice described in Subsection (4)(b) by:
(A) mailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the town regularly mails users a
periodic billing for the goods or services;
(B) emailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the town regularly emails users a
periodic billing for the goods or services;
(C) posting the notice on the Utah Public Notice Website created in Section
[
63F-1-701
] 
63A-12-201
; and
(D) if the town has a website, prominently posting the notice on the town's website
until the enterprise fund hearing is concluded; and
(ii) if the town communicates with the public through a social media platform, publish
notice of the date, time, place, and purpose of the enterprise fund hearing using the social
media platform.
(b) The notice required under Subsection (4)(a)(i) shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) include specific enterprise fund information for each enterprise fund from which
money is intended to be transferred;
(iii) provide the date, time, and place of the enterprise fund hearing; and
(iv) explain the purpose of the enterprise fund hearing.
(5) (a) An enterprise fund hearing shall be separate and independent from a budget
hearing and any other public hearing.
(b) At an enterprise fund hearing, the governing body shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) provide enterprise fund accounting data to the public; and
(iii) allow members of the public in attendance at the hearing to comment on:
(A) the intended transfer of enterprise fund money to another fund; and
(B) the enterprise fund accounting data.
(6) (a) If a governing body adopts a budget or a budget amendment that includes or is
based on a transfer of money from an enterprise fund to another fund, the governing body shall:
(i) within 60 days after adopting the budget or budget amendment:
(A) mail a notice to users of the goods or services provided by the enterprise for which
the enterprise fund was created, if the town regularly mails users a periodic billing for the
goods or services; and
(B) email a notice to users of the goods or services provided by the enterprise for
which the enterprise fund was created, if the town regularly emails users a periodic billing for
the goods or services;
(ii) within seven days after adopting the budget or budget amendment:
(A) post enterprise fund accounting data on the town's website, if the town has a
website;
(B) using the town's social media platform, publish notice of the adoption of a budget
or budget amendment that includes or is based on a transfer of money from an enterprise fund
to another fund, if the town communicates with the public through a social media platform; and
(iii) within 30 days after adopting the budget, submit to the state auditor the specific
enterprise fund information for each enterprise fund from which money will be transferred.
(b) A notice required under Subsection (6)(a)(i) shall:
(i) announce the adoption of a budget or budget amendment that includes or is based
on a transfer of money from an enterprise fund to another fund; and
(ii) include the specific enterprise fund information.
(c) The governing body shall maintain the website posting required under Subsection
(6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
Section 24. Section 
10-5-108
 is amended to read:
10-5-108.
Budget hearing -- Notice -- Adjustments.
(1) Prior to the adoption of the final budget or an amendment to a budget, a town
council shall hold a public hearing to receive public comment.
(2) The town council shall provide notice of the place, purpose, and time of the public
hearing by publishing notice at least seven days before the hearing:
(a) (i) at least once in a newspaper of general circulation in the town; or
(ii) if there is no newspaper of general circulation, then by posting the notice in three
public places at least 48 hours before the hearing;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
; and
(c) on the home page of the website, either in full or as a link, of the town or metro
township, if the town or metro township has a publicly viewable website, until the hearing
takes place.
(3) After the hearing, the town council, subject to Section 
10-5-110
, may adjust
expenditures and revenues in conformity with this chapter.
Section 25. Section 
10-6-113
 is amended to read:
10-6-113.
Budget -- Notice of hearing to consider adoption.
At the meeting at which each tentative budget is adopted, the governing body shall
establish the time and place of a public hearing to consider its adoption and shall order that
notice of the public hearing be published at least seven days prior to the hearing:
(1) (a) in at least one issue of a newspaper of general circulation published in the
county in which the city is located; or
(b) if there is not a newspaper as described in Subsection (1)(a), in three public places
within the city;
(2) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
; and
(3) on the home page of the website, either in full or as a link, of the city or metro
township, if the city or metro township has a publicly viewable website, until the hearing takes
place.
Section 26. Section 
10-6-135.5
 is amended to read:
10-6-135.5.
Transfer of enterprise fund money to another fund.
(1) As used in this section:
(a) "Budget hearing" means a public hearing required under Section 
10-6-114
.
(b) "Enterprise fund accounting data" means a detailed overview of the various
enterprise funds of the city that includes:
(i) a cost accounting breakdown of how money in the enterprise fund is being used to
cover, as applicable:
(A) administrative and overhead costs of the city attributable to the operation of the
enterprise for which the enterprise fund was created; and
(B) other costs not associated with the enterprise for which the enterprise fund was
created; and
(ii) specific enterprise fund information.
(c) "Enterprise fund hearing" means the public hearing required under Subsection
(3)(d).
(d) "Specific enterprise fund information" means:
(i) the dollar amount of transfers from an enterprise fund to another fund; and
(ii) the percentage of the total enterprise fund expenditures represented by each transfer
to another fund.
(2) Subject to the requirements of this section, a city may transfer money in an
enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
that is not directly related to the goods or services provided by the enterprise for which the
enterprise fund was created.
(3) The governing body of a city that intends to transfer money in an enterprise fund to
another fund shall:
(a) provide notice of the intended transfer as required under Subsection (4);
(b) clearly identify in a separate section or document accompanying the city's tentative
budget or, if an amendment to the city's budget includes or is based on an intended transfer, in
a separate section or document accompanying the amendment to the city's budget:
(i) the enterprise fund from which money is intended to be transferred; and
(ii) the specific enterprise fund information for that enterprise fund;
(c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
(d) hold an enterprise fund hearing before the adoption of the city's budget or, if
applicable, the amendment to the budget.
(4) (a) At least seven days before holding an enterprise fund hearing, a governing body
shall:
(i) provide the notice described in Subsection (4)(b) by:
(A) mailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the city regularly mails users a periodic
billing for the goods or services;
(B) emailing a copy of the notice to users of the goods or services provided by the
enterprise for which the enterprise fund was created, if the city regularly emails users a periodic
billing for the goods or services;
(C) posting the notice on the Utah Public Notice Website created in Section
[
63F-1-701
] 
63A-12-201
; and
(D) if the city has a website, prominently posting the notice on the city's website until
the enterprise fund hearing is concluded; and
(ii) if the city communicates with the public through a social media platform, publish
notice of the date, time, place, and purpose of the enterprise fund hearing using the social
media platform.
(b) The notice required under Subsection (4)(a)(i) shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) include specific enterprise fund information for each enterprise fund from which
money is intended to be transferred;
(iii) provide the date, time, and place of the enterprise fund hearing; and
(iv) explain the purpose of the enterprise fund hearing.
(5) (a) An enterprise fund hearing shall be separate and independent from a budget
hearing and any other public hearing.
(b) At an enterprise fund hearing, the governing body shall:
(i) explain the intended transfer of enterprise fund money to another fund;
(ii) provide enterprise fund accounting data to the public; and
(iii) allow members of the public in attendance at the hearing to comment on:
(A) the intended transfer of enterprise fund money to another fund; and
(B) the enterprise fund accounting data.
(6) (a) If a governing body adopts a budget or a budget amendment that includes or is
based on a transfer of money from an enterprise fund to another fund, the governing body shall:
(i) within 60 days after adopting the budget or budget amendment:
(A) mail a notice to users of the goods or services provided by the enterprise for which
the enterprise fund was created, if the city regularly mails users a periodic billing for the goods
or services; and
(B) email a notice to users of the goods or services provided by the enterprise for
which the enterprise fund was created, if the city regularly emails users a periodic billing for
the goods or services;
(ii) within seven days after adopting the budget or budget amendment:
(A) post enterprise fund accounting data on the city's website, if the city has a website;
(B) using the city's social media platform, publish notice of the adoption of a budget or
budget amendment that includes or is based on a transfer of money from an enterprise fund to
another fund, if the city communicates with the public through a social media platform; and
(iii) within 30 days after adopting the budget, submit to the state auditor the specific
enterprise fund information for each enterprise fund from which money will be transferred.
(b) A notice required under Subsection (6)(a)(i) shall:
(i) announce the adoption of a budget or budget amendment that includes or is based
on a transfer of money from an enterprise fund to another fund; and
(ii) include the specific enterprise fund information.
(c) The governing body shall maintain the website posting required under Subsection
(6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
Section 27. Section 
10-7-19
 is amended to read:
10-7-19.
Election to authorize -- Notice -- Ballots.
(1) Subject to Subsection (2), the board of commissioners or city council of any city, or
the board of trustees of any incorporated town, may aid and encourage the building of railroads
by granting to any railroad company, for depot or other railroad purposes, real property of the
city or incorporated town, not necessary for municipal or public purposes, upon the limitations
and conditions established by the board of commissioners, city council, or board of trustees.
(2) A board of commissioners, city council, or board of trustees may not grant real
property under Subsection (1) unless the grant is approved by the eligible voters of the city or
town at the next municipal election, or at a special election called for that purpose by the board
of commissioners, city council, or board of trustees.
(3) If the question is submitted at a special election, the election shall be held as nearly
as practicable in conformity with the general election laws of the state.
(4) The board of commissioners, city council, or board of trustees shall publish notice
of an election described in Subsections (2) and (3):
(a) (i) in a newspaper of general circulation in the city or town once a week for four
weeks before the election;
(ii) if there is no newspaper of general circulation in the city or town, at least four
weeks before the day of the election, by posting one notice, and at least one additional notice
per 2,000 population of the city or town, in places within the city or town that are most likely to
give notice to the voters in the city or town; or
(iii) at least four weeks before the day of the election, by mailing notice to each
registered voter in the city or town;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
(d) if the municipality has a website, on the municipality's website for at least four
weeks before the day of the election.
(5) The board of commissioners, city council, or board of trustees shall cause ballots to
be printed and provided to the eligible voters, which shall read: "For the proposed grant for
depot or other railroad purposes: Yes. No."
(6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
city council, or board of trustees shall convey the real property to the railroad company.
Section 28. Section 
10-8-2
 is amended to read:
10-8-2.
Appropriations -- Acquisition and disposal of property -- Municipal
authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
(1) (a) A municipal legislative body may:
(i) appropriate money for corporate purposes only;
(ii) provide for payment of debts and expenses of the corporation;
(iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
dispose of real and personal property for the benefit of the municipality, whether the property is
within or without the municipality's corporate boundaries, if the action is in the public interest
and complies with other law;
(iv) improve, protect, and do any other thing in relation to this property that an
individual could do; and
(v) subject to Subsection (2) and after first holding a public hearing, authorize
municipal services or other nonmonetary assistance to be provided to or waive fees required to
be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
(b) A municipality may:
(i) furnish all necessary local public services within the municipality;
(ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
located and operating within and operated by the municipality; and
(iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
located inside or outside the corporate limits of the municipality and necessary for any of the
purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
(c) Each municipality that intends to acquire property by eminent domain under
Subsection (1)(b) shall comply with the requirements of Section 
78B-6-505
.
(d) Subsection (1)(b) may not be construed to diminish any other authority a
municipality may claim to have under the law to acquire by eminent domain property located
inside or outside the municipality.
(2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
the provisions of Subsection (3).
(b) The total amount of services or other nonmonetary assistance provided or fees
waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
municipality's budget for that fiscal year.
(3) It is considered a corporate purpose to appropriate money for any purpose that, in
the judgment of the municipal legislative body, provides for the safety, health, prosperity,
moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
subject to this Subsection (3).
(a) The net value received for any money appropriated shall be measured on a
project-by-project basis over the life of the project.
(b) (i) A municipal legislative body shall establish the criteria for a determination
under this Subsection (3).
(ii) A municipal legislative body's determination of value received is presumed valid
unless a person can show that the determination was arbitrary, capricious, or illegal.
(c) The municipality may consider intangible benefits received by the municipality in
determining net value received.
(d) (i) Before the municipal legislative body makes any decision to appropriate any
funds for a corporate purpose under this section, the municipal legislative body shall hold a
public hearing.
(ii) The municipal legislative body shall publish a notice of the hearing described in
Subsection (3)(d)(i):
(A) in a newspaper of general circulation at least 14 days before the date of the hearing
or, if there is no newspaper of general circulation, by posting notice in at least three
conspicuous places within the municipality for the same time period; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, at
least 14 days before the date of the hearing.
(e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
municipality shall perform a study that analyzes and demonstrates the purpose for an
appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
(ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
the municipality for review by interested parties at least 14 days immediately before the public
hearing described in Subsection (3)(d)(i).
(iii) A municipality shall consider the following factors when conducting the study
described in Subsection (3)(e)(i):
(A) what identified benefit the municipality will receive in return for any money or
resources appropriated;
(B) the municipality's purpose for the appropriation, including an analysis of the way
the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
peace, order, comfort, or convenience of the inhabitants of the municipality; and
(C) whether the appropriation is necessary and appropriate to accomplish the
reasonable goals and objectives of the municipality in the area of economic development, job
creation, affordable housing, elimination of a development impediment, job preservation, the
preservation of historic structures and property, and any other public purpose.
(f) (i) An appeal may be taken from a final decision of the municipal legislative body,
to make an appropriation.
(ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
court within 30 days after the day on which the municipal legislative body makes a decision.
(iii) Any appeal shall be based on the record of the proceedings before the legislative
body.
(iv) A decision of the municipal legislative body shall be presumed to be valid unless
the appealing party shows that the decision was arbitrary, capricious, or illegal.
(g) The provisions of this Subsection (3) apply only to those appropriations made after
May 6, 2002.
(h) This section applies only to appropriations not otherwise approved pursuant to Title
10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
Fiscal Procedures Act for Utah Cities.
(4) (a) Before a municipality may dispose of a significant parcel of real property, the
municipality shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before the
opportunity for public comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each municipality shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection (4)(a); and
(ii) reasonable notice for purposes of Subsection (4)(a)(i).
(5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
real property for the purpose of expanding the municipality's infrastructure or other facilities
used for providing services that the municipality offers or intends to offer shall provide written
notice, as provided in this Subsection (5), of its intent to acquire the property if:
(i) the property is located:
(A) outside the boundaries of the municipality; and
(B) in a county of the first or second class; and
(ii) the intended use of the property is contrary to:
(A) the anticipated use of the property under the general plan of the county in whose
unincorporated area or the municipality in whose boundaries the property is located; or
(B) the property's current zoning designation.
(b) Each notice under Subsection (5)(a) shall:
(i) indicate that the municipality intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (5) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
previously provided notice under Section 
10-9a-203
 identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a municipality is not required to comply with the notice requirement of
Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
property.
Section 29. Section 
10-8-15
 is amended to read:
10-8-15.
Waterworks -- Construction -- Extraterritorial jurisdiction.
(1) As used in this section, "affected entity" means a:
(a) county that has land use authority over land subject to an ordinance or regulation
described in this section;
(b) local health department, as that term is defined in Section 
26A-1-102
, that has
jurisdiction pursuant to Section 
26A-1-108
 over land subject to an ordinance or regulation
described in this section;
(c) municipality that has enacted or has the right to enact an ordinance or regulation
described in this section over the land subject to an ordinance or regulation described in this
section; and
(d) municipality that has land use authority over land subject to an ordinance or
regulation described in this section.
(2) A municipality may construct or authorize the construction of waterworks within or
without the municipal limits, and for the purpose of maintaining and protecting the same from
injury and the water from pollution the municipality's jurisdiction shall extend over the territory
occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
in and necessary for the construction, maintenance and operation of the same, and over the
stream or other source from which the water is taken, for 15 miles above the point from which
it is taken and for a distance of 300 feet on each side of such stream and over highways along
such stream or watercourse within said 15 miles and said 300 feet.
(3) The jurisdiction of a city of the first class shall additionally be over the entire
watershed within the county of origin of the city of the first class and subject to Subsection (6)
provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
source; and provided further, that the city of the first class shall provide a highway in and
through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
of the city may enact ordinances placing under police regulations the manner of driving such
cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
which the city has jurisdiction.
(4) A municipality may enact all ordinances and regulations necessary to carry the
power herein conferred into effect, and is authorized and empowered to enact ordinances
preventing pollution or contamination of the streams or watercourses from which the
municipality derives the municipality's water supply, in whole or in part, for domestic and
culinary purposes, and may enact ordinances prohibiting or regulating the construction or
maintenance of any closet, privy, outhouse or urinal within the area over which the
municipality has jurisdiction, and provide for permits for the construction and maintenance of
the same.
(5) In granting a permit described in Subsection (4), a municipality may annex thereto
such reasonable conditions and requirements for the protection of the public health as the
municipality determines proper, and may, if determined advisable, require that all closets,
privies and urinals along such streams shall be provided with effective septic tanks or other
germ-destroying instrumentalities.
(6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
municipalities and counties that have jurisdiction over the area where the watershed is located.
(7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
or regulation under the authority of this section shall:
(i) hold a public hearing on the proposed ordinance or regulation; and
(ii) give notice of the date, place, and time of the hearing, as described in Subsection
(7)(b).
(b) At least ten days before the day on which the public hearing described in
Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
(i) mailed to:
(A) each affected entity;
(B) the director of the Division of Drinking Water; and
(C) the director of the Division of Water Quality; and
(ii) published:
(A) in a newspaper of general circulation in the county in which the land subject to the
proposed ordinance or regulation is located; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(c) An ordinance or regulation adopted under the authority of this section may not
conflict with:
(i) existing federal or state statutes; or
(ii) a rule created pursuant to a federal or state statute governing drinking water or
water quality.
(d) A municipality that enacts an ordinance or regulation under the authority of this
section shall:
(i) provide a copy of the ordinance or regulation to each affected entity; and
(ii) include a copy of the ordinance or regulation in the municipality's drinking water
source protection plan.
Section 30. Section 
10-9a-203
 is amended to read:
10-9a-203.
Notice of intent to prepare a general plan or comprehensive general
plan amendments in certain municipalities.
(1) Before preparing a proposed general plan or a comprehensive general plan
amendment, each municipality within a county of the first or second class shall provide 10
calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
plan amendment:
(a) to each affected entity;
(b) to the Automated Geographic Reference Center created in Section 
63F-1-506
;
(c) to the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
and
(d) on the Utah Public Notice Website created under Section [
63F-1-701
] 
63A-12-201
.
(2) Each notice under Subsection (1) shall:
(a) indicate that the municipality intends to prepare a general plan or a comprehensive
general plan amendment, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or amendment;
(c) be sent by mail, e-mail, or other effective means;
(d) invite the affected entities to provide information for the municipality to consider in
the process of preparing, adopting, and implementing a general plan or amendment concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendment
may have; and
(ii) uses of land within the municipality that the affected entity is considering that may
conflict with the proposed general plan or amendment; and
(e) include the address of an Internet website, if the municipality has one, and the name
and telephone number of a person where more information can be obtained concerning the
municipality's proposed general plan or amendment.
Section 31. Section 
10-9a-204
 is amended to read:
10-9a-204.
Notice of public hearings and public meetings to consider general plan
or modifications.
(1) Each municipality shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
days before the public hearing and shall be:
(a) (i) published in a newspaper of general circulation in the area; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
;
(b) mailed to each affected entity; and
(c) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be:
(a) (i) submitted to a newspaper of general circulation in the area; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
; and
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website.
Section 32. Section 
10-9a-205
 is amended to read:
10-9a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or any modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website; and
(c) (i) (A) published in a newspaper of general circulation in the area at least 10
calendar days before the public hearing; and
(B) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
, at least 10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by municipal
ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be posted:
(a) in at least three public locations within the municipality; or
(b) on the municipality's official website.
(4) (a) A municipality shall send a courtesy notice to each owner of private real
property whose property is located entirely or partially within a proposed zoning map
enactment or amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the municipality
will be provided to the municipal legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
10-9a-502
.
(c) If a municipality mails notice to a property owner in accordance with Subsection
(2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
than sent separately.
Section 33. Section 
10-9a-208
 is amended to read:
10-9a-208.
Hearing and notice for petition to vacate a public street.
(1) For any petition to vacate some or all of a public street or municipal utility
easement the legislative body shall:
(a) hold a public hearing; and
(b) give notice of the date, place, and time of the hearing, as provided in Subsection
(2).
(2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
body shall ensure that the notice required under Subsection (1)(b) is:
(a) mailed to the record owner of each parcel that is accessed by the public street or
municipal utility easement;
(b) mailed to each affected entity;
(c) posted on or near the public street or municipal utility easement in a manner that is
calculated to alert the public; and
(d) (i) published on the website of the municipality in which the land subject to the
petition is located until the public hearing concludes; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
.
Section 34. Section 
10-18-203
 is amended to read:
10-18-203.
Feasibility study on providing cable television or public
telecommunications services -- Public hearings.
(1) If a feasibility consultant is hired under Section 
10-18-202
, the legislative body of
the municipality shall require the feasibility consultant to:
(a) complete the feasibility study in accordance with this section;
(b) submit to the legislative body by no later than 180 days from the date the feasibility
consultant is hired to conduct the feasibility study:
(i) the full written results of the feasibility study; and
(ii) a summary of the results that is no longer than one page in length; and
(c) attend the public hearings described in Subsection (4) to:
(i) present the feasibility study results; and
(ii) respond to questions from the public.
(2) The feasibility study described in Subsection (1) shall at a minimum consider:
(a) (i) if the municipality is proposing to provide cable television services to
subscribers, whether the municipality providing cable television services in the manner
proposed by the municipality will hinder or advance competition for cable television services
in the municipality; or
(ii) if the municipality is proposing to provide public telecommunications services to
subscribers, whether the municipality providing public telecommunications services in the
manner proposed by the municipality will hinder or advance competition for public
telecommunications services in the municipality;
(b) whether but for the municipality any person would provide the proposed:
(i) cable television services; or
(ii) public telecommunications services;
(c) the fiscal impact on the municipality of:
(i) the capital investment in facilities that will be used to provide the proposed:
(A) cable television services; or
(B) public telecommunications services; and
(ii) the expenditure of funds for labor, financing, and administering the proposed:
(A) cable television services; or
(B) public telecommunications services;
(d) the projected growth in demand in the municipality for the proposed:
(i) cable television services; or
(ii) public telecommunications services;
(e) the projections at the time of the feasibility study and for the next five years, of a
full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
facilities necessary to provide the proposed:
(i) cable television services; or
(ii) public telecommunications services; and
(f) the projections at the time of the feasibility study and for the next five years of the
revenues to be generated from the proposed:
(i) cable television services; or
(ii) public telecommunications services.
(3) For purposes of the financial projections required under Subsections (2)(e) and (f),
the feasibility consultant shall assume that the municipality will price the proposed cable
television services or public telecommunications services consistent with Subsection
10-18-303
(5).
(4) If the results of the feasibility study satisfy the revenue requirement of Subsection
10-18-202
(3), the legislative body, at the next regular meeting after the legislative body
receives the results of the feasibility study, shall schedule at least two public hearings to be
held:
(a) within 60 days of the meeting at which the public hearings are scheduled;
(b) at least seven days apart; and
(c) for the purpose of allowing:
(i) the feasibility consultant to present the results of the feasibility study; and
(ii) the public to:
(A) become informed about the feasibility study results; and
(B) ask questions of the feasibility consultant about the results of the feasibility study.
(5) (a) Except as provided in Subsection (5)(b), the municipality shall publish notice of
the public hearings required under Subsection (4):
(i) at least once a week for three consecutive weeks in a newspaper of general
circulation in the municipality and at least three days before the first public hearing required
under Subsection (4); and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks, at least three days before the first public hearing required under Subsection (4).
(b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
circulation in the municipality, for each 1,000 residents, the municipality shall post at least one
notice of the hearings in a conspicuous place within the municipality that is likely to give
notice of the hearings to the greatest number of residents of the municipality.
(ii) The municipality shall post the notices at least seven days before the first public
hearing required under Subsection (4) is held.
Section 35. Section 
10-18-302
 is amended to read:
10-18-302.
Bonding authority.
(1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
legislative body of a municipality may by resolution determine to issue one or more revenue
bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
to subscribers:
(a) a cable television service; or
(b) a public telecommunications service.
(2) The resolution described in Subsection (1) shall:
(a) describe the purpose for which the indebtedness is to be created; and
(b) specify the dollar amount of the one or more bonds proposed to be issued.
(3) (a) A revenue bond issued under this section shall be secured and paid for:
(i) from the revenues generated by the municipality from providing:
(A) cable television services with respect to revenue bonds issued to finance facilities
for the municipality's cable television services; and
(B) public telecommunications services with respect to revenue bonds issued to finance
facilities for the municipality's public telecommunications services; and
(ii) notwithstanding Subsection (3)(b) and Subsection 
10-18-303
(3)(a), from revenues
generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
(A) notwithstanding Subsection 
11-14-201
(3) and except as provided in Subsections
(4) and (5), the revenue bond is approved by the registered voters in an election held:
(I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
(II) notwithstanding Subsection 
11-14-203
(2), at a regular general election;
(B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
revenue bond; and
(C) the municipality or municipalities annually appropriate the revenues described in
this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
(b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
origination, financing, or other carrying costs associated with the one or more revenue bonds
issued under this section from the town or city, respectively, general funds or other enterprise
funds of the municipality.
(4) (a) As used in this Subsection (4), "municipal entity" means an entity created
pursuant to an agreement:
(i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
(ii) to which a municipality is a party.
(b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
entity that issues revenue bonds, if:
(i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
a member of a municipal entity that is issuing revenue bonds has published the first notice
described in Subsection (4)(b)(iii);
(ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
this Subsection (4)(b)(ii);
(iii) the municipality that is issuing the revenue bonds or the municipality that is a
member of the municipal entity that is issuing the revenue bonds has:
(A) held a public hearing for which public notice was given by publication of the
notice:
(I) in a newspaper published in the municipality or in a newspaper of general
circulation within the municipality for two consecutive weeks, with the first publication being
not less than 14 days before the public hearing; and
(II) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks before the public hearing; and
(B) the notice identifies:
(I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
Act;
(II) the purpose for the bonds to be issued;
(III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
be pledged in any fiscal year;
(IV) the maximum number of years that the pledge will be in effect; and
(V) the time, place, and location for the public hearing;
(iv) the municipal entity that issues revenue bonds:
(A) adopts a final financing plan; and
(B) in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, makes available to the public at the time the municipal entity adopts the final
financing plan:
(I) the final financing plan; and
(II) all contracts entered into by the municipal entity, except as protected by Title 63G,
Chapter 2, Government Records Access and Management Act;
(v) any municipality that is a member of a municipal entity described in Subsection
(4)(b)(iv):
(A) not less than 30 calendar days after the municipal entity complies with Subsection
(4)(b)(iv)(B), holds a final public hearing;
(B) provides notice, at the time the municipality schedules the final public hearing, to
any person who has provided to the municipality a written request for notice; and
(C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
interested parties; and
(vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
more than 50% of the average annual debt service of all revenue bonds described in this section
to provide service throughout the municipality or municipal entity may be paid from the
revenues described in Subsection (3)(a)(ii).
(5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
to a municipality that issues revenue bonds if:
(a) the municipality that is issuing the revenue bonds has:
(i) held a public hearing for which public notice was given by publication of the notice:
(A) in a newspaper published in the municipality or in a newspaper of general
circulation within the municipality for two consecutive weeks, with the first publication being
not less than 14 days before the public hearing; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
14 days before the public hearing; and
(ii) the notice identifies:
(A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
Bonding Act;
(B) the purpose for the bonds to be issued;
(C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
pledged in any fiscal year;
(D) the maximum number of years that the pledge will be in effect; and
(E) the time, place, and location for the public hearing; and
(b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
more than 50% of the average annual debt service of all revenue bonds described in this section
to provide service throughout the municipality or municipal entity may be paid from the
revenues described in Subsection (3)(a)(ii).
(6) A municipality that issues bonds pursuant to this section may not make or grant any
undue or unreasonable preference or advantage to itself or to any private provider of:
(a) cable television services; or
(b) public telecommunications services.
Section 36. Section 
11-13-204
 is amended to read:
11-13-204.
Powers and duties of interlocal entities -- Additional powers of energy
services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
lieutenant governor -- Recording requirements -- Public Service Commission.
(1) (a) An interlocal entity:
(i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the
conduct of its business;
(ii) may:
(A) amend or repeal a bylaw, policy, or procedure;
(B) sue and be sued;
(C) have an official seal and alter that seal at will;
(D) make and execute contracts and other instruments necessary or convenient for the
performance of its duties and the exercise of its powers and functions;
(E) acquire real or personal property, or an undivided, fractional, or other interest in
real or personal property, necessary or convenient for the purposes contemplated in the
agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
(F) directly or by contract with another:
(I) own and acquire facilities and improvements or an undivided, fractional, or other
interest in facilities and improvements;
(II) construct, operate, maintain, and repair facilities and improvements; and
(III) provide the services contemplated in the agreement creating the interlocal entity
and establish, impose, and collect rates, fees, and charges for the services provided by the
interlocal entity;
(G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
obligations and secure their payment by an assignment, pledge, or other conveyance of all or
any part of the revenues and receipts from the facilities, improvements, or services that the
interlocal entity provides;
(H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
other obligations issued by the interlocal entity;
(I) sell or contract for the sale of the services, output, product, or other benefits
provided by the interlocal entity to:
(I) public agencies inside or outside the state; and
(II) with respect to any excess services, output, product, or benefits, any person on
terms that the interlocal entity considers to be in the best interest of the public agencies that are
parties to the agreement creating the interlocal entity; and
(J) create a local disaster recovery fund in the same manner and to the same extent as
authorized for a local government in accordance with Section 
53-2a-605
; and
(iii) may not levy, assess, or collect ad valorem property taxes.
(b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to
the extent provided by the documents under which the assignment, pledge, or other conveyance
is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
payable to the state or its political subdivisions.
(2) An energy services interlocal entity:
(a) except with respect to any ownership interest it has in facilities providing additional
project capacity, is not subject to:
(i) Part 3, Project Entity Provisions; or
(ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
Pay Corporate Franchise or Income Tax Act; and
(b) may:
(i) own, acquire, and, by itself or by contract with another, construct, operate, and
maintain a facility or improvement for the generation, transmission, and transportation of
electric energy or related fuel supplies;
(ii) enter into a contract to obtain a supply of electric power and energy and ancillary
services, transmission, and transportation services, and supplies of natural gas and fuels
necessary for the operation of generation facilities;
(iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
and others, whether located in or out of the state, for the sale of wholesale services provided by
the energy services interlocal entity; and
(iv) adopt and implement risk management policies and strategies and enter into
transactions and agreements to manage the risks associated with the purchase and sale of
energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
and other instruments.
(3) Notwithstanding Section 
11-13-216
, an agreement creating an interlocal entity or
an amendment to that agreement may provide that the agreement may continue and the
interlocal entity may remain in existence until the latest to occur of:
(a) 50 years after the date of the agreement or amendment;
(b) five years after the interlocal entity has fully paid or otherwise discharged all of its
indebtedness;
(c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
or transferred all of its interest in its facilities and improvements; or
(d) five years after the facilities and improvements of the interlocal entity are no longer
useful in providing the service, output, product, or other benefit of the facilities and
improvements, as determined under the agreement governing the sale of the service, output,
product, or other benefit.
(4) (a) Upon execution of an agreement to approve the creation of an interlocal entity,
including an electric interlocal entity and an energy services interlocal entity, the governing
body of a member of the interlocal entity under Section 
11-13-203
 shall:
(i) within 30 days after the date of the agreement, jointly file with the lieutenant
governor:
(A) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5
(3); and
(B) if less than all of the territory of any Utah public agency that is a party to the
agreement is included within the interlocal entity, a copy of an approved final local entity plat,
as defined in Section 
67-1a-6.5
; and
(ii) upon the lieutenant governor's issuance of a certificate of creation under Section
67-1a-6.5
:
(A) if the interlocal entity is located within the boundary of a single county, submit to
the recorder of that county:
(I) the original:
(Aa) notice of an impending boundary action;
(Bb) certificate of creation; and
(Cc) approved final local entity plat, if an approved final local entity plat was required
to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
(II) a certified copy of the agreement approving the creation of the interlocal entity; or
(B) if the interlocal entity is located within the boundaries of more than a single
county:
(I) submit to the recorder of one of those counties:
(Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
(Cc); and
(Bb) a certified copy of the agreement approving the creation of the interlocal entity;
and
(II) submit to the recorder of each other county:
(Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
and (Cc); and
(Bb) a certified copy of the agreement approving the creation of the interlocal entity.
(b) Upon the lieutenant governor's issuance of a certificate of creation under Section
67-1a-6.5
, the interlocal entity is created.
(c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
recorder of each county in which the property is located, a newly created interlocal entity may
not charge or collect a fee for service provided to property within the interlocal entity.
(5) Nothing in this section may be construed as expanding the rights of any
municipality or interlocal entity to sell or provide retail service.
(6) Except as provided in Subsection (7):
(a) nothing in this section may be construed to expand or limit the rights of a
municipality to sell or provide retail electric service; and
(b) an energy services interlocal entity may not provide retail electric service to
customers located outside the municipal boundaries of its members.
(7) (a) An energy services interlocal entity created before July 1, 2003, that is
comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1,
2010, provided retail electric service to customers outside the municipal boundaries of its
members, may provide retail electric service outside the municipal boundaries of its members
if:
(i) the energy services interlocal entity:
(A) enters into a written agreement with each public utility holding a certificate of
public convenience and necessity issued by the Public Service Commission to provide service
within an agreed upon geographic area for the energy services interlocal entity to be
responsible to provide electric service in the agreed upon geographic area outside the municipal
boundaries of the members of the energy services interlocal entity; and
(B) obtains a franchise agreement, with the legislative body of the county or other
governmental entity for the geographic area in which the energy services interlocal entity
provides service outside the municipal boundaries of its members; and
(ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from
the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A).
(b) (i) The Public Service Commission shall, after a public hearing held in accordance
with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in
Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it
incorporates the customer protections described in Subsection (7)(c) and the franchise
agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a
neutral arbiter or ombudsman for resolving potential future complaints by customers of the
energy services interlocal entity.
(ii) In approving an agreement, the Public Service Commission shall also amend the
certificate of public convenience and necessity of any public utility described in Subsection
(7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the
public utility the geographic area that the energy services interlocal entity has agreed to serve.
(c) In providing retail electric service to customers outside of the municipal boundaries
of its members, but not within the municipal boundaries of another municipality that grants a
franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal
entity shall comply with the following:
(i) the rates and conditions of service for customers outside the municipal boundaries
of the members shall be at least as favorable as the rates and conditions of service for similarly
situated customers within the municipal boundaries of the members;
(ii) the energy services interlocal entity shall operate as a single entity providing
service both inside and outside of the municipal boundaries of its members;
(iii) a general rebate, refund, or other payment made to customers located within the
municipal boundaries of the members shall also be provided to similarly situated customers
located outside the municipal boundaries of the members;
(iv) a schedule of rates and conditions of service, or any change to the rates and
conditions of service, shall be approved by the governing board of the energy services
interlocal entity;
(v) before implementation of any rate increase, the governing board of the energy
services interlocal entity shall first hold a public meeting to take public comment on the
proposed increase, after providing at least 20 days and not more than 60 days' advance written
notice to its customers on the ordinary billing and on the Utah Public Notice Website, created
by Section [
63F-1-701
] 
63A-12-201
; and
(vi) the energy services interlocal entity shall file with the Public Service Commission
its current schedule of rates and conditions of service.
(d) The Public Service Commission shall make the schedule of rates and conditions of
service of the energy services interlocal entity available for public inspection.
(e) Nothing in this section:
(i) gives the Public Service Commission jurisdiction over the provision of retail
electric service by an energy services interlocal entity within the municipal boundaries of its
members; or
(ii) makes an energy services interlocal entity a public utility under Title 54, Public
Utilities.
(f) Nothing in this section expands or diminishes the jurisdiction of the Public Service
Commission over a municipality or an association of municipalities organized under Title 11,
Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's
language.
(g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its
authority to provide electric service to the extent authorized by Sections 
11-13-202
 and
11-13-203
 and Subsections 
11-13-204
(1) through (5).
(ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves
the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not
provide retail electric service to customers located outside the municipal boundaries of its
members, except for customers located within the geographic area described in the agreement.
Section 37. Section 
11-13-509
 is amended to read:
11-13-509.
Hearing to consider adoption -- Notice.
(1) At the meeting at which the tentative budget is adopted, the governing board shall:
(a) establish the time and place of a public hearing to consider its adoption; and
(b) except as provided in Subsection (2) or (5), order that notice of the hearing:
(i) be published, at least seven days before the day of the hearing, in at least one issue
of a newspaper of general circulation in a county in which the interlocal entity provides service
to the public or in which its members are located, if such a newspaper is generally circulated in
the county or counties; and
(ii) be published at least seven days before the day of the hearing on the Utah Public
Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
required in Subsection (1)(b):
(a) may be combined with the notice required under Section 
59-2-919
; and
(b) shall be published in accordance with the advertisement provisions of Section
59-2-919
.
(3) Proof that notice was given in accordance with Subsection (1)(b), (2), or (5) is
prima facie evidence that notice was properly given.
(4) If a notice required under Subsection (1)(b), (2), or (5) is not challenged within 30
days after the day on which the hearing is held, the notice is adequate and proper.
(5) A governing board of an interlocal entity with an annual operating budget of less
than $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
(a) mailing a written notice, postage prepaid, to each voter in an interlocal entity; and
(b) posting the notice in three public places within the interlocal entity's service area.
Section 38. Section 
11-13-531
 is amended to read:
11-13-531.
Imposing or increasing a fee for service provided by interlocal entity.
(1) The governing board shall fix the rate for a service or commodity provided by the
interlocal entity.
(2) (a) Before imposing a new fee or increasing an existing fee for a service provided
by an interlocal entity, an interlocal entity governing board shall first hold a public hearing at
which interested persons may speak for or against the proposal to impose a fee or to increase an
existing fee.
(b) Each public hearing under Subsection (2)(a) shall be held on a weekday in the
evening beginning no earlier than 6 p.m.
(c) A public hearing required under this Subsection (2) may be combined with a public
hearing on a tentative budget required under Section 
11-13-510
.
(d) Except to the extent that this section imposes more stringent notice requirements,
the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
holding the public hearing under Subsection (2)(a).
(3) (a) An interlocal entity board shall give notice of a hearing under Subsection (2)(a):
(i) as provided in Subsection (3)(b)(i) or (c); and
(ii) for at least 20 days before the day of the hearing on the Utah Public Notice
Website, created by Section [
63F-1-701
] 
63A-12-201
.
(b) (i) Except as provided by Subsection (3)(c)(i), the notice required under Subsection
(2)(a) shall be published:
(A) in a newspaper or combination of newspapers of general circulation in the
interlocal entity, if there is a newspaper or combination of newspapers of general circulation in
the interlocal entity; or
(B) if there is no newspaper or combination of newspapers of general circulation in the
interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population
within the interlocal entity, at places within the interlocal entity that are most likely to provide
actual notice to residents within the interlocal entity.
(ii) The notice described in Subsection (3)(b)(i)(A):
(A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
point, and surrounded by a 1/4-inch border;
(B) may not be placed in that portion of the newspaper where legal notices and
classified advertisements appear;
(C) whenever possible, shall appear in a newspaper that is published at least one day
per week;
(D) shall be in a newspaper or combination of newspapers of general interest and
readership in the interlocal entity, and not of limited subject matter; and
(E) shall be run once each week for the two weeks preceding the hearing.
(iii) The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the
interlocal entity board intends to impose or increase a fee for a service provided by the
interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the
notice, which shall be not less than seven days after the day the first notice is published, for the
purpose of hearing comments regarding the proposed imposition or increase of a fee and to
explain the reasons for the proposed imposition or increase.
(c) (i) In lieu of providing notice under Subsection (3)(b)(i), the interlocal entity
governing board may give the notice required under Subsection (2)(a) by mailing the notice to
a person within the interlocal entity's service area who:
(A) will be charged the fee for an interlocal entity's service, if the fee is being imposed
for the first time; or
(B) is being charged a fee, if the fee is proposed to be increased.
(ii) Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii).
(iii) A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an
existing fee.
(d) If the hearing required under this section is combined with the public hearing
required under Section 
11-13-510
, the notice requirements under this Subsection (3) are
satisfied if a notice that meets the requirements of Subsection (3)(b)(iii) is combined with the
notice required under Section 
11-13-509
.
(e) Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie
evidence that notice was properly given.
(f) If no challenge is made to the notice given of a public hearing required by
Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate
and proper.
(4) After holding a public hearing under Subsection (2)(a), a governing board may:
(a) impose the new fee or increase the existing fee as proposed;
(b) adjust the amount of the proposed new fee or the increase of the existing fee and
then impose the new fee or increase the existing fee as adjusted; or
(c) decline to impose the new fee or increase the existing fee.
(5) This section applies to each new fee imposed and each increase of an existing fee
that occurs on or after May 12, 2015.
(6) An interlocal entity that accepts an electronic payment may charge an electronic
payment fee.
Section 39. Section 
11-13-603
 is amended to read:
11-13-603.
Taxed interlocal entity.
(1) Notwithstanding any other provision of law:
(a) the use of an asset by a taxed interlocal entity does not constitute the use of a public
asset;
(b) a taxed interlocal entity's use of an asset that was a public asset before the taxed
interlocal entity's use of the asset does not constitute a taxed interlocal entity's use of a public
asset;
(c) an official of a project entity is not a public treasurer; and
(d) a taxed interlocal entity's governing board shall determine and direct the use of an
asset by the taxed interlocal entity.
(2) A taxed interlocal entity is not subject to the provisions of Title 63G, Chapter 6a,
Utah Procurement Code.
(3) (a) A taxed interlocal entity is not a participating local entity as defined in Section
[
63A-1-201
] 
67-3-12
.
(b) For each fiscal year of a taxed interlocal entity, the taxed interlocal entity shall
provide:
(i) the taxed interlocal entity's financial statements for and as of the end of the fiscal
year and the prior fiscal year, including:
(A) the taxed interlocal entity's statement of net position as of the end of the fiscal year
and the prior fiscal year, and the related statements of revenues and expenses and of cash flows
for the fiscal year; or
(B) financial statements that are equivalent to the financial statements described in
Subsection (3)(b)(i)(A) and, at the time the financial statements were created, were in
compliance with generally accepted accounting principles that are applicable to taxed interlocal
entities; and
(ii) the accompanying auditor's report and management's discussion and analysis with
respect to the taxed interlocal entity's financial statements for and as of the end of the fiscal
year.
(c) The taxed interlocal entity shall provide the information described in Subsection
(3)(b)[
: (i) in a manner described in Subsection 
63A-1-205
(3); and (ii)
] within a reasonable
time after the taxed interlocal entity's independent auditor delivers to the taxed interlocal
entity's governing board the auditor's report with respect to the financial statements for and as
of the end of the fiscal year.
(d) Notwithstanding Subsections (3)(b) and (c) or a taxed interlocal entity's compliance
with one or more of the requirements of Title 63A, Chapter 3, Division of Finance:
(i) the taxed interlocal entity is not subject to Title 63A, Chapter 3, Division of
Finance; and
(ii) the information described in Subsection (3)(b)(i) or (ii) does not constitute public
financial information as defined in Section [
63A-1-201
] 
67-3-12
.
(4) (a) A taxed interlocal entity's governing board is not a governing board as defined
in Section 
51-2a-102
.
(b) A taxed interlocal entity is not subject to the provisions of Title 51, Chapter 2a,
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
(5) Notwithstanding any other provision of law, a taxed interlocal entity is not subject
to the following provisions:
(a) Part 4, Governance;
(b) Part 5, Fiscal Procedures for Interlocal Entities;
(c) Subsection 
11-13-204
(1)(a)(i) or (ii)(J);
(d) Subsection 
11-13-206
(1)(f);
(e) Subsection 
11-13-218
(5)(a);
(f) Section 
11-13-225
;
(g) Section 
11-13-226
; or
(h) Section 
53-2a-605
.
(6) (a) In addition to having the powers described in Subsection 
11-13-204
(1)(a)(ii), a
taxed interlocal entity may, for the regulation of the entity's affairs and conduct of its business,
adopt, amend, or repeal bylaws, policies, or procedures.
(b) Nothing in Part 4, Governance, or Part 5, Fiscal Procedures for Interlocal Entities,
may be construed to limit the power or authority of a taxed interlocal entity.
(7) (a) A governmental law enacted after May 12, 2015, is not applicable to, is not
binding upon, and does not have effect on a taxed interlocal entity unless the governmental law
expressly states the section of governmental law to be applicable to and binding upon the taxed
interlocal entity with the following words: "[Applicable section or subsection number]
constitutes an exception to Subsection 
11-13-603
(7)(a) and is applicable to and binding upon a
taxed interlocal entity."
(b) Sections 
11-13-601
 through 
11-13-608
 constitute an exception to Subsection (7)(a)
and are applicable to and binding upon a taxed interlocal entity.
Section 40. Section 
11-14-202
 is amended to read:
11-14-202.
Notice of election -- Contents -- Publication -- Mailing.
(1) The governing body shall publish notice of the election:
(a) (i) once per week for three consecutive weeks before the election in a newspaper of
general circulation in the local political subdivision, in accordance with Section 
11-14-316
, the
first publication occurring not less than 21, nor more than 35, days before the day of the
election;
(ii) if there is no newspaper of general circulation in the local political subdivision, at
least 21 days before the day of the election, by posting one notice, and at least one additional
notice per 2,000 population of the local political subdivision, in places within the local political
subdivision that are most likely to give notice to the voters in the local political subdivision; or
(iii) at least three weeks before the day of the election, by mailing notice to each
registered voter in the local political subdivision;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the election;
and
(d) if the local political subdivision has a website, on the local political subdivision's
website for at least three weeks before the day of the election.
(2) When the debt service on the bonds to be issued will increase the property tax
imposed upon the average value of a residence by an amount that is greater than or equal to $15
per year, the governing body shall prepare and mail either a voter information pamphlet or a
notification described in Subsection (8):
(a) at least 15 days, but not more than 45 days, before the bond election;
(b) to each household containing a registered voter who is eligible to vote on the
bonds; and
(c) that includes the information required by Subsections (4) and (5).
(3) The election officer may change the location of, or establish an additional:
(a) voting precinct polling place, in accordance with Subsection (6);
(b) early voting polling place, in accordance with Subsection 
20A-3a-603
(2); or
(c) election day voting center, in accordance with Subsection 
20A-3a-703
(2).
(4) The notice described in Subsection (1) and the voter information pamphlet
described in Subsection (2):
(a) shall include, in the following order:
(i) the date of the election;
(ii) the hours during which the polls will be open;
(iii) the address of the Statewide Electronic Voter Information Website and, if
available, the address of the election officer's website, with a statement indicating that the
election officer will post on the website the location of each polling place for each voting
precinct, each early voting polling place, and each election day voting center, including any
changes to the location of a polling place and the location of an additional polling place;
(iv) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(v) the title and text of the ballot proposition, including the property tax cost of the
bond described in Subsection 
11-14-206
(2)(a); and
(b) may include the location of each polling place.
(5) The voter information pamphlet required by this section shall include:
(a) the information required under Subsection (4); and
(b) an explanation of the property tax impact, if any, of the issuance of the bonds,
which may be based on information the governing body determines to be useful, including:
(i) expected debt service on the bonds to be issued;
(ii) a description of the purpose, remaining principal balance, and maturity date of any
outstanding general obligation bonds of the issuer;
(iii) funds other than property taxes available to pay debt service on general obligation
bonds;
(iv) timing of expenditures of bond proceeds;
(v) property values; and
(vi) any additional information that the governing body determines may be useful to
explain the property tax impact of issuance of the bonds.
(6) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadlines described in Subsections (1) and (2):
(i) if necessary, change the location of a voting precinct polling place; or
(ii) if the election officer determines that the number of voting precinct polling places
is insufficient due to the number of registered voters who are voting, designate additional
voting precinct polling places.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a voting precinct polling place or designates an additional voting precinct polling
place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
times, and location of a changed voting precinct polling place or an additional voting precinct
polling place:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of a voting precinct polling place, at the new location
and, if possible, the old location; and
(B) of an additional voting precinct polling place, at the additional voting precinct
polling place.
(7) The governing body shall pay the costs associated with the notice required by this
section.
(8) (a) The governing body may mail a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(b) The notice described in Subsection (8)(a) shall include:
(i) the website upon which the voter information pamphlet is available; and
(ii) the phone number a voter may call to request delivery of a voter information
pamphlet by mail.
(9) A local school board shall comply with the voter information pamphlet
requirements described in Section 
53G-4-603
.
Section 41. Section 
11-14-318
 is amended to read:
11-14-318.
Public hearing required.
(1) Before issuing bonds authorized under this chapter, a local political subdivision
shall:
(a) in accordance with Subsection (2), provide public notice of the local political
subdivision's intent to issue bonds; and
(b) hold a public hearing:
(i) if an election is required under this chapter:
(A) no sooner than 30 days before the day on which the notice of election is published
under Section 
11-14-202
; and
(B) no later than five business days before the day on which the notice of election is
published under Section 
11-14-202
; and
(ii) to receive input from the public with respect to:
(A) the issuance of the bonds; and
(B) the potential economic impact that the improvement, facility, or property for which
the bonds pay all or part of the cost will have on the private sector.
(2) A local political subdivision shall:
(a) publish the notice required by Subsection (1)(a):
(i) once each week for two consecutive weeks in the official newspaper described in
Section 
11-14-316
 with the first publication being not less than 14 days before the public
hearing required by Subsection (1)(b); and
(ii) on the Utah Public Notice Website, created under Section [
63F-1-701
]
63A-12-201
, no less than 14 days before the public hearing required by Subsection (1)(b); and
(b) ensure that the notice:
(i) identifies:
(A) the purpose for the issuance of the bonds;
(B) the maximum principal amount of the bonds to be issued;
(C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
(D) the time, place, and location of the public hearing; and
(ii) informs the public that the public hearing will be held for the purposes described in
Subsection (1)(b)(ii).
Section 42. Section 
11-36a-501
 is amended to read:
11-36a-501.
Notice of intent to prepare an impact fee facilities plan.
(1) Before preparing or amending an impact fee facilities plan, a local political
subdivision or private entity shall provide written notice of its intent to prepare or amend an
impact fee facilities plan.
(2) A notice required under Subsection (1) shall:
(a) indicate that the local political subdivision or private entity intends to prepare or
amend an impact fee facilities plan;
(b) describe or provide a map of the geographic area where the proposed impact fee
facilities will be located; and
(c) subject to Subsection (3), be posted on the Utah Public Notice Website created
under Section [
63F-1-701
] 
63A-12-201
.
(3) For a private entity required to post notice on the Utah Public Notice Website under
Subsection (2)(c):
(a) the private entity shall give notice to the general purpose local government in which
the private entity's private business office is located; and
(b) the general purpose local government described in Subsection (3)(a) shall post the
notice on the Utah Public Notice Website.
Section 43. Section 
11-36a-503
 is amended to read:
11-36a-503.
Notice of preparation of an impact fee analysis.
(1) Before preparing or contracting to prepare an impact fee analysis, each local
political subdivision or, subject to Subsection (2), private entity shall post a public notice on
the Utah Public Notice Website created under Section [
63F-1-701
] 
63A-12-201
.
(2) For a private entity required to post notice on the Utah Public Notice Website under
Subsection (1):
(a) the private entity shall give notice to the general purpose local government in which
the private entity's primary business is located; and
(b) the general purpose local government described in Subsection (2)(a) shall post the
notice on the Utah Public Notice Website.
Section 44. Section 
11-36a-504
 is amended to read:
11-36a-504.
Notice of intent to adopt impact fee enactment -- Hearing --
Protections.
(1) Before adopting an impact fee enactment:
(a) a municipality legislative body shall:
(i) comply with the notice requirements of Section 
10-9a-205
 as if the impact fee
enactment were a land use regulation;
(ii) hold a hearing in accordance with Section 
10-9a-502
 as if the impact fee enactment
were a land use regulation; and
(iii) except as provided in Subsection 
11-36a-701
(3)(b)(ii), receive the protections of
Section 
10-9a-801
 as if the impact fee were a land use regulation;
(b) a county legislative body shall:
(i) comply with the notice requirements of Section 
17-27a-205
 as if the impact fee
enactment were a land use regulation;
(ii) hold a hearing in accordance with Section 
17-27a-502
 as if the impact fee
enactment were a land use regulation; and
(iii) except as provided in Subsection 
11-36a-701
(3)(b)(ii), receive the protections of
Section 
17-27a-801
 as if the impact fee were a land use regulation;
(c) a local district or special service district shall:
(i) comply with the notice and hearing requirements of Section 
17B-1-111
; and
(ii) receive the protections of Section 
17B-1-111
;
(d) a local political subdivision shall at least 10 days before the day on which a public
hearing is scheduled in accordance with this section:
(i) make a copy of the impact fee enactment available to the public; and
(ii) post notice of the local political subdivision's intent to enact or modify the impact
fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice
Website created under Section [
63F-1-701
] 
63A-12-201
; and
(e) a local political subdivision shall submit a copy of the impact fee analysis and a
copy of the summary of the impact fee analysis prepared in accordance with Section
11-36a-303
 on its website or to each public library within the local political subdivision.
(2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
commission in the impact fee enactment process.
Section 45. Section 
11-42-202
 is amended to read:
11-42-202.
Requirements applicable to a notice of a proposed assessment area
designation.
(1) Each notice required under Subsection 
11-42-201
(2)(a) shall:
(a) state that the local entity proposes to:
(i) designate one or more areas within the local entity's jurisdictional boundaries as an
assessment area;
(ii) provide an improvement to property within the proposed assessment area; and
(iii) finance some or all of the cost of improvements by an assessment on benefitted
property within the assessment area;
(b) describe the proposed assessment area by any reasonable method that allows an
owner of property in the proposed assessment area to determine that the owner's property is
within the proposed assessment area;
(c) describe, in a general and reasonably accurate way, the improvements to be
provided to the assessment area, including:
(i) the nature of the improvements; and
(ii) the location of the improvements, by reference to streets or portions or extensions
of streets or by any other means that the governing body chooses that reasonably describes the
general location of the improvements;
(d) state the estimated cost of the improvements as determined by a project engineer;
(e) for the version of notice mailed in accordance with Subsection (4)(b), state the
estimated total assessment specific to the benefitted property for which the notice is mailed;
(f) state that the local entity proposes to levy an assessment on benefitted property
within the assessment area to pay some or all of the cost of the improvements according to the
estimated benefits to the property from the improvements;
(g) if applicable, state that an unassessed benefitted government property will receive
improvements for which the cost will be allocated proportionately to the remaining benefitted
properties within the proposed assessment area and that a description of each unassessed
benefitted government property is available for public review at the location or website
described in Subsection (6);
(h) state the assessment method by which the governing body proposes to calculate the
proposed assessment, including, if the local entity is a municipality or county, whether the
assessment will be collected:
(i) by directly billing a property owner; or
(ii) by inclusion on a property tax notice issued in accordance with Section 
59-2-1317
and in compliance with Section 
11-42-401
;
(i) state:
(i) the date described in Section 
11-42-203
 and the location at which protests against
designation of the proposed assessment area or of the proposed improvements are required to
be filed;
(ii) the method by which the governing body will determine the number of protests
required to defeat the designation of the proposed assessment area or acquisition or
construction of the proposed improvements; and
(iii) in large, boldface, and conspicuous type that a property owner must protest the
designation of the assessment area in writing if the owner objects to the area designation or
being assessed for the proposed improvements, operation and maintenance costs, or economic
promotion activities;
(j) state the date, time, and place of the public hearing required in Section 
11-42-204
;
(k) if the governing body elects to create and fund a reserve fund under Section
11-42-702
, include a description of:
(i) how the reserve fund will be funded and replenished; and
(ii) how remaining money in the reserve fund is to be disbursed upon full payment of
the bonds;
(l) if the governing body intends to designate a voluntary assessment area, include a
property owner consent form that:
(i) estimates the total assessment to be levied against the particular parcel of property;
(ii) describes any additional benefits that the governing body expects the assessed
property to receive from the improvements;
(iii) designates the date and time by which the fully executed consent form is required
to be submitted to the governing body; and
(iv) if the governing body intends to enforce an assessment lien on the property in
accordance with Subsection 
11-42-502.1
(2)(a)(ii)(C):
(A) appoints a trustee that satisfies the requirements described in Section 
57-1-21
;
(B) gives the trustee the power of sale;
(C) is binding on the property owner and all successors; and
(D) explains that if an assessment or an installment of an assessment is not paid when
due, the local entity may sell the property owner's property to satisfy the amount due plus
interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
(m) if the local entity intends to levy an assessment to pay operation and maintenance
costs or for economic promotion activities, include:
(i) a description of the operation and maintenance costs or economic promotion
activities to be paid by assessments and the initial estimated annual assessment to be levied;
(ii) a description of how the estimated assessment will be determined;
(iii) a description of how and when the governing body will adjust the assessment to
reflect the costs of:
(A) in accordance with Section 
11-42-406
, current economic promotion activities; or
(B) current operation and maintenance costs;
(iv) a description of the method of assessment if different from the method of
assessment to be used for financing any improvement; and
(v) a statement of the maximum number of years over which the assessment will be
levied for:
(A) operation and maintenance costs; or
(B) economic promotion activities;
(n) if the governing body intends to divide the proposed assessment area into
classifications under Subsection 
11-42-201
(1)(b), include a description of the proposed
classifications;
(o) if applicable, state the portion and value of the improvement that will be increased
in size or capacity to serve property outside of the assessment area and how the increases will
be financed; and
(p) state whether the improvements will be financed with a bond and, if so, the
currently estimated interest rate and term of financing, subject to Subsection (2), for which the
benefitted properties within the assessment area may be obligated.
(2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
subject to the market rate at the time of the issuance of the bond.
(3) A notice required under Subsection 
11-42-201
(2)(a) may contain other information
that the governing body considers to be appropriate, including:
(a) the amount or proportion of the cost of the improvement to be paid by the local
entity or from sources other than an assessment;
(b) the estimated total amount of each type of assessment for the various improvements
to be financed according to the method of assessment that the governing body chooses; and
(c) provisions for any improvements described in Subsection 
11-42-102
(24)(a)(ii).
(4) Each notice required under Subsection 
11-42-201
(2)(a) shall:
(a) (i) (A) be published in a newspaper of general circulation within the local entity's
jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
least five but not more than 20 days before the day of the hearing required in Section
11-42-204
; or
(B) if there is no newspaper of general circulation within the local entity's jurisdictional
boundaries, be posted in at least three public places within the local entity's jurisdictional
boundaries at least 20 but not more than 35 days before the day of the hearing required in
Section 
11-42-204
; and
(ii) be published on the Utah Public Notice Website described in Section [
63F-1-701
]
63A-12-201
 for four weeks before the deadline for filing protests specified in the notice under
Subsection (1)(i); and
(b) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
assessment area at the property owner's mailing address.
(5) (a) The local entity may record the version of the notice that is published or posted
in accordance with Subsection (4)(a) with the office of the county recorder, by legal description
and tax identification number as identified in county records, against the property proposed to
be assessed.
(b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
after the day on which the local entity records the notice if the local entity has failed to adopt
the designation ordinance or resolution under Section 
11-42-201
 designating the assessment
area for which the notice was recorded.
(6) A local entity shall make available on the local entity's website, or, if no website is
available, at the local entity's place of business, the address and type of use of each unassessed
benefitted government property described in Subsection (1)(g).
(7) If a governing body fails to provide actual or constructive notice under this section,
the local entity may not assess a levy against a benefitted property omitted from the notice
unless:
(a) the property owner gives written consent;
(b) the property owner received notice under Subsection 
11-42-401
(2)(a)(iii) and did
not object to the levy of the assessment before the final hearing of the board of equalization; or
(c) the benefitted property is conveyed to a subsequent purchaser and, before the date
of conveyance, the requirements of Subsections 
11-42-206
(3)(a)(i) and (ii), or, if applicable,
Subsection 
11-42-207
(1)(d)(i) are met.
Section 46. Section 
11-42-402
 is amended to read:
11-42-402.
Notice of assessment and board of equalization hearing.
Each notice required under Subsection 
11-42-401
(2)(a)(iii) shall:
(1) state:
(a) that an assessment list is completed and available for examination at the offices of
the local entity;
(b) the total estimated or actual cost of the improvements;
(c) the amount of the total estimated or actual cost of the proposed improvements to be
paid by the local entity;
(d) the amount of the assessment to be levied against benefitted property within the
assessment area;
(e) the assessment method used to calculate the proposed assessment;
(f) the unit cost used to calculate the assessments shown on the assessment list, based
on the assessment method used to calculate the proposed assessment; and
(g) the dates, times, and place of the board of equalization hearings under Subsection
11-42-401
(2)(b)(i);
(2) (a) beginning at least 20 but not more than 35 days before the day on which the first
hearing of the board of equalization is held:
(i) be published at least once in a newspaper of general circulation within the local
entity's jurisdictional boundaries; or
(ii) if there is no newspaper of general circulation within the local entity's jurisdictional
boundaries, be posted in at least three public places within the local entity's jurisdictional
boundaries; and
(b) be published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
 for 35 days immediately before the day on which the first hearing of the board of
equalization is held; and
(3) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (2) to each owner of property to be assessed within the proposed
assessment area at the property owner's mailing address.
Section 47. Section 
11-58-502
 is amended to read:
11-58-502.
Public meeting to consider and discuss draft project area plan --
Notice -- Adoption of plan.
(1) The board shall hold at least one public meeting to consider and discuss a draft
project area plan.
(2) At least 10 days before holding a public meeting under Subsection (1), the board
shall give notice of the public meeting:
(a) to each taxing entity;
(b) to a municipality in which the proposed project area is located or that is located
within one-half mile of the proposed project area; and
(c) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(3) Following consideration and discussion of the draft project area plan, and any
modification of the project area plan under Subsection 
11-58-501
(2)(d), the board may adopt
the draft project area plan or modified draft project area plan as the project area plan.
Section 48. Section 
11-58-801
 is amended to read:
11-58-801.
Annual port authority budget -- Fiscal year -- Public hearing required
-- Auditor forms -- Requirement to file annual budget.
(1) The authority shall prepare and its board adopt an annual budget of revenues and
expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 22, except that the
authority's initial budget shall be adopted as soon as reasonably practicable after the
organization of the board and the beginning of authority operations.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by
publishing notice:
(i) at least once in a newspaper of general circulation within the state, one week before
the public hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least one week immediately before the public hearing.
(c) The authority shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
authority personnel.
(6) (a) Within 30 days after adopting an annual budget, the board shall file a copy of
the annual budget with the auditor of each county in which the authority jurisdictional land is
located, the State Tax Commission, the state auditor, the State Board of Education, and each
taxing entity that levies a tax on property from which the authority collects property tax
differential.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
state as a taxing entity is met if the authority files a copy with the State Tax Commission and
the state auditor.
Section 49. Section 
11-59-401
 is amended to read:
11-59-401.
Annual authority budget -- Fiscal year -- Public hearing and notice
required -- Auditor forms.
(1) The authority shall prepare and its board adopt an annual budget of revenues and
expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 22.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4) (a) Before adopting an annual budget, the authority board shall hold a public
hearing on the annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by
publishing notice:
(i) at least once in a newspaper of general circulation within the state, one week before
the public hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least one week immediately before the public hearing.
(c) The authority shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
authority personnel. 
Section 50. Section 
17-27a-203
 is amended to read:
17-27a-203.
Notice of intent to prepare a general plan or comprehensive general
plan amendments in certain counties.
(1) Before preparing a proposed general plan or a comprehensive general plan
amendment, each county of the first or second class shall provide 10 calendar days notice of its
intent to prepare a proposed general plan or a comprehensive general plan amendment:
(a) to each affected entity;
(b) to the Automated Geographic Reference Center created in Section 
63F-1-506
;
(c) to the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
(d) on the Utah Public Notice Website created under Section [
63F-1-701
] 
63A-12-201
.
(2) Each notice under Subsection (1) shall:
(a) indicate that the county intends to prepare a general plan or a comprehensive
general plan amendment, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or amendment;
(c) be sent by mail, e-mail, or other effective means;
(d) invite the affected entities to provide information for the county to consider in the
process of preparing, adopting, and implementing a general plan or amendment concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendment
may have; and
(ii) uses of land within the county that the affected entity is considering that may
conflict with the proposed general plan or amendment; and
(e) include the address of an Internet website, if the county has one, and the name and
telephone number of a person where more information can be obtained concerning the county's
proposed general plan or amendment.
Section 51. Section 
17-27a-204
 is amended to read:
17-27a-204.
Notice of public hearings and public meetings to consider general
plan or modifications.
(1) A county shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
days before the public hearing and shall be:
(a) (i) published in a newspaper of general circulation in the area; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
;
(b) mailed to each affected entity; and
(c) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be:
(a) (i) submitted to a newspaper of general circulation in the area; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
; and
(b) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website.
Section 52. Section 
17-27a-205
 is amended to read:
17-27a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each county shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website; and
(c) (i) published:
(A) in a newspaper of general circulation in the area at least 10 calendar days before
the public hearing; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, at
least 10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by county ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the hearing and shall be posted:
(a) in at least three public locations within the county; or
(b) on the county's official website.
(4) (a) A county shall send a courtesy notice to each owner of private real property
whose property is located entirely or partially within the proposed zoning map enactment or
amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the county will be
provided to the county legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
17-27a-502
.
(c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
for a public hearing on a zoning map or map amendment, the notice required in this Subsection
(4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
separately.
Section 53. Section 
17-27a-208
 is amended to read:
17-27a-208.
Hearing and notice for petition to vacate a public street.
(1) For any petition to vacate some or all of a public street or county utility easement,
the legislative body shall:
(a) hold a public hearing; and
(b) give notice of the date, place, and time of the hearing, as provided in Subsection
(2).
(2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
body shall ensure that the notice required under Subsection (1)(b) is:
(a) mailed to the record owner of each parcel that is accessed by the public street or
county utility easement;
(b) mailed to each affected entity;
(c) posted on or near the public street or county utility easement in a manner that is
calculated to alert the public; and
(d) (i) published on the website of the county in which the land subject to the petition is
located until the public hearing concludes; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
.
Section 54. Section 
17-27a-306
 is amended to read:
17-27a-306.
Planning advisory areas.
(1) (a) A planning advisory area may be established as provided in this Subsection (1).
(b) A planning advisory area may not be established unless the area to be included
within the proposed planning advisory area:
(i) is unincorporated;
(ii) is contiguous; and
(iii) (A) contains:
(I) at least 20% but not more than 80% of:
(Aa) the total private land area in the unincorporated county; or
(Bb) the total value of locally assessed taxable property in the unincorporated county;
or
(II) (Aa) in a county of the second or third class, at least 5% of the total population of
the unincorporated county, but not less than 300 residents; or
(Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
of the unincorporated county; or
(B) has been declared by the United States Census Bureau as a census designated
place.
(c) (i) The process to establish a planning advisory area is initiated by the filing of a
petition with the clerk of the county in which the proposed planning advisory area is located.
(ii) A petition to establish a planning advisory area may not be filed if it proposes the
establishment of a planning advisory area that includes an area within a proposed planning
advisory area in a petition that has previously been certified under Subsection (1)(g), until after
the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
(d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
(i) be signed by the owners of private real property that:
(A) is located within the proposed planning advisory area;
(B) covers at least 10% of the total private land area within the proposed planning
advisory area; and
(C) is equal in value to at least 10% of the value of all private real property within the
proposed planning advisory area;
(ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
area proposed to be established as a planning advisory area;
(iii) indicate the typed or printed name and current residence address of each owner
signing the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
petition for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a public
hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
advisory area.
(e) Subsection 
10-2a-102
(3) applies to a petition to establish a planning advisory area
to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
Incorporation.
(f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
the establishment of a planning advisory area in a county of the second class, the county clerk
shall provide notice of the filing of the petition to:
(A) each owner of real property owning more than 1% of the assessed value of all real
property within the proposed planning advisory area; and
(B) each owner of real property owning more than 850 acres of real property within the
proposed planning advisory area.
(ii) A property owner may exclude all or part of the property owner's property from a
proposed planning advisory area in a county of the second class:
(A) if:
(I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
property within the proposed planning advisory area;
(IIii) the property is nonurban; and
(IIIiii) the property does not or will not require municipal provision of municipal-type
services; or
(Bb) the property owner owns more than 850 acres of real property within the proposed
planning advisory area; and
(II) exclusion of the property will not leave within the planning advisory area an island
of property that is not part of the planning advisory area; and
(B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
under Subsection (1)(f)(i).
(iii) (A) The county legislative body shall exclude from the proposed planning advisory
area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
(B) If the county legislative body excludes property from a proposed planning advisory
area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
exclusion, send written notice of its action to the contact sponsor.
(g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (1)(d):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
rejection and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
the county legislative body shall hold a public hearing on the proposal to establish a planning
advisory area.
(ii) A public hearing under Subsection (1)(h)(i) shall be:
(A) within the boundary of the proposed planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
county legislative body shall publish notice of the petition and the time, date, and place of the
public hearing:
(A) at least once in a newspaper of general circulation in the county; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
shall arrange for the proposal to establish a planning advisory area to be submitted to voters
residing within the proposed planning advisory area at the next regular general election that is
more than 90 days after the public hearing.
(j) A planning advisory area is established at the time of the canvass of the results of an
election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
proposal to establish a planning advisory area voted in favor of the proposal.
(k) An area that is an established township before May 12, 2015:
(i) is, as of May 12, 2015, a planning advisory area; and
(ii) (A) shall change its name, if applicable, to no longer include the word "township";
and
(B) may use the word "planning advisory area" in its name.
(2) The county legislative body may:
(a) assign to the countywide planning commission the duties established in this part
that would have been assumed by a planning advisory area planning commission designated
under Subsection (2)(b); or
(b) designate and appoint a planning commission for the planning advisory area.
(3) (a) An area within the boundary of a planning advisory area may be withdrawn
from the planning advisory area as provided in this Subsection (3) or in accordance with
Subsection (5)(a).
(b) The process to withdraw an area from a planning advisory area is initiated by the
filing of a petition with the clerk of the county in which the planning advisory area is located.
(c) A petition under Subsection (3)(b) shall:
(i) be signed by the owners of private real property that:
(A) is located within the area proposed to be withdrawn from the planning advisory
area;
(B) covers at least 50% of the total private land area within the area proposed to be
withdrawn from the planning advisory area; and
(C) is equal in value to at least 33% of the value of all private real property within the
area proposed to be withdrawn from the planning advisory area;
(ii) state the reason or reasons for the proposed withdrawal;
(iii) be accompanied by an accurate plat or map showing the boundary of the
contiguous area proposed to be withdrawn from the planning advisory area;
(iv) indicate the typed or printed name and current residence address of each owner
signing the petition;
(v) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
petition for purposes of the petition; and
(vii) request the county legislative body to withdraw the area from the planning
advisory area.
(d) Subsection 
10-2a-102
(3) applies to a petition to withdraw an area from a planning
advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
2a, Municipal Incorporation.
(e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (3)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
the area from the planning advisory area.
(ii) A public hearing under Subsection (3)(f)(i) shall be held:
(A) within the area proposed to be withdrawn from the planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
body shall:
(A) publish notice of the petition and the time, date, and place of the public hearing:
(I) at least once a week for three consecutive weeks in a newspaper of general
circulation in the planning advisory area; and
(II) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three consecutive weeks; and
(B) mail a notice of the petition and the time, date, and place of the public hearing to
each owner of private real property within the area proposed to be withdrawn.
(g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
legislative body shall make a written decision on the proposal to withdraw the area from the
planning advisory area.
(ii) In making its decision as to whether to withdraw the area from the planning
advisory area, the county legislative body shall consider:
(A) whether the withdrawal would leave the remaining planning advisory area in a
situation where the future incorporation of an area within the planning advisory area or the
annexation of an area within the planning advisory area to an adjoining municipality would be
economically or practically not feasible;
(B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
area:
(I) whether the proposed subsequent incorporation or withdrawal:
(Aa) will leave or create an unincorporated island or peninsula; or
(Bb) will leave the county with an area within its unincorporated area for which the
cost, requirements, or other burdens of providing municipal services would materially increase
over previous years; and
(II) whether the municipality to be created or the municipality into which the
withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
providing service to the withdrawn area that the county will no longer provide due to the
incorporation or annexation;
(C) the effects of a withdrawal on adjoining property owners, existing or projected
county streets or other public improvements, law enforcement, and zoning and other municipal
services provided by the county; and
(D) whether justice and equity favor the withdrawal.
(h) Upon the written decision of the county legislative body approving the withdrawal
of an area from a planning advisory area, the area is withdrawn from the planning advisory area
and the planning advisory area continues as a planning advisory area with a boundary that
excludes the withdrawn area.
(4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
(b) The process to dissolve a planning advisory area is initiated by the filing of a
petition with the clerk of the county in which the planning advisory area is located.
(c) A petition under Subsection (4)(b) shall:
(i) be signed by registered voters within the planning advisory area equal in number to
at least 25% of all votes cast by voters within the planning advisory area at the last
congressional election;
(ii) state the reason or reasons for the proposed dissolution;
(iii) indicate the typed or printed name and current residence address of each person
signing the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(v) authorize the petition sponsors to act on behalf of all persons signing the petition
for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a public
hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
advisory area.
(d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (4)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
the county legislative body shall hold a public hearing on the proposal to dissolve the planning
advisory area.
(ii) A public hearing under Subsection (4)(e)(i) shall be held:
(A) within the boundary of the planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
body shall publish notice of the petition and the time, date, and place of the public hearing:
(A) at least once a week for three consecutive weeks in a newspaper of general
circulation in the planning advisory area; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three consecutive weeks immediately before the public hearing.
(f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
residing within the planning advisory area at the next regular general election that is more than
90 days after the public hearing.
(g) A planning advisory area is dissolved at the time of the canvass of the results of an
election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
proposal to dissolve the planning advisory area voted in favor of the proposal.
(5) (a) If a portion of an area located within a planning advisory area is annexed by a
municipality or incorporates, that portion is withdrawn from the planning advisory area.
(b) If a planning advisory area in whole is annexed by a municipality or incorporates,
the planning advisory area is dissolved.
Section 55. Section 
17-27a-404
 is amended to read:
17-27a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing its recommendation for a proposed general plan, or proposal to
amend the general plan, the planning commission shall schedule and hold a public hearing on
the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
17-27a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) As provided by local ordinance and by Section 
17-27a-204
, the legislative body
shall provide notice of its intent to consider the general plan proposal.
(b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
regarding Subsection 
17-27a-401
(4). The hearing procedure shall comply with this Subsection
(3)(b).
(ii) The hearing format shall allow adequate time for public comment at the actual
public hearing, and shall also allow for public comment in writing to be submitted to the
legislative body for not fewer than 90 days after the date of the public hearing.
(c) (i) The legislative body shall give notice of the hearing in accordance with this
Subsection (3) when the proposed plan provisions required by Subsection 
17-27a-401
(4) are
complete.
(ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
the state Legislature, executive director of the Department of Environmental Quality, the state
planning coordinator, the Resource Development Coordinating Committee, and any other
citizens or entities who specifically request notice in writing.
(iii) Public notice shall be given by publication:
(A) in at least one major Utah newspaper having broad general circulation in the state;
(B) in at least one Utah newspaper having a general circulation focused mainly on the
county where the proposed high-level nuclear waste or greater than class C radioactive waste
site is to be located; and
(C) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(iv) The notice shall be published to allow reasonable time for interested parties and
the state to evaluate the information regarding the provisions of Subsection 
17-27a-401
(4),
including:
(A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
the date of the hearing to be held under this Subsection (3); and
(B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
date of the hearing to be held under this Subsection (3).
(4) (a) After the public hearing required under this section, the legislative body may
adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
(b) The legislative body shall respond in writing and in a substantive manner to all
those providing comments as a result of the hearing required by Subsection (3).
(c) If the county legislative body rejects the proposed general plan or amendment, it
may provide suggestions to the planning commission for the planning commission's review and
recommendation.
(5) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
17-27a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
17-27a-403
(2)(a)(ii);
(c) after considering the factors included in Subsection 
17-27a-403
(2)(b), a plan to
provide a realistic opportunity to meet the need for additional moderate income housing; and
(d) before August 1, 2017, a resource management plan as provided by Subsection
17-27a-403
(2)(a)(iv).
Section 56. Section 
17-36-12
 is amended to read:
17-36-12.
Notice of budget hearing.
(1) The governing body shall determine the time and place for the public hearing on the
adoption of the budget.
(2) Notice of such hearing shall be published:
(a) (i) at least seven days before the hearing in at least one newspaper of general
circulation within the county, if there is such a paper; or
(ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
three conspicuous places within the county seven days before the hearing;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
seven days before the hearing; and
(c) on the home page of the county's website, either in full or as a link, if the county has
a publicly viewable website, beginning at least seven days before the hearing and until the
hearing takes place.
Section 57. Section 
17-36-26
 is amended to read:
17-36-26.
Increase in budgetary fund or county general fund -- Public hearing.
(1) Before the governing body may, by resolution, increase a budget appropriation of
any budgetary fund, increase the budget of the county general fund, or make an amendment to a
budgetary fund or the county general fund, the governing body shall hold a public hearing
giving all interested parties an opportunity to be heard.
(2) Notice of the public hearing described in Subsection (1) shall be published at least
five days before the day of the hearing:
(a) (i) in at least one issue of a newspaper generally circulated in the county; or
(ii) if there is not a newspaper generally circulated in the county, the hearing may be
published by posting notice in three conspicuous places within the county;
(b) on the Utah Public Notice Website created under Section [
63F-1-701
] 
63A-12-201
;
and
(c) on the home page of the county's website, either in full or as a link, if the county has
a publicly viewable website, until the hearing takes place.
Section 58. Section 
17-41-304
 is amended to read:
17-41-304.
Public hearing -- Review and action on proposal.
(1) After receipt of the written reports from the advisory committee and planning
commission, or after the 45 days have expired, whichever is earlier, the county or municipal
legislative body shall:
(a) schedule a public hearing;
(b) provide notice of the public hearing by:
(i) publishing notice:
(A) in a newspaper having general circulation within:
(I) the same county as the land proposed for inclusion within the agriculture protection
area, industrial protection area, or critical infrastructure materials protection area, if the land is
within the unincorporated part of the county; or
(II) the same city or town as the land proposed for inclusion within an agriculture
protection area, industrial protection area, or critical infrastructure materials protection area, if
the land is within a city or town; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
;
(ii) posting notice at five public places, designated by the applicable legislative body,
within or near the proposed agriculture protection area, industrial protection area, or critical
infrastructure materials protection area; and
(iii) mailing written notice to each owner of land within 1,000 feet of the land proposed
for inclusion within an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area; and
(c) ensure that the notice includes:
(i) the time, date, and place of the public hearing on the proposal;
(ii) a description of the proposed agriculture protection area, industrial protection area,
or critical infrastructure materials protection area;
(iii) any proposed modifications to the proposed agriculture protection area, industrial
protection area, or critical infrastructure materials protection area;
(iv) a summary of the recommendations of the advisory committee and planning
commission; and
(v) a statement that interested persons may appear at the public hearing and speak in
favor of or against the proposal, any proposed modifications to the proposal, or the
recommendations of the advisory committee and planning commission.
(2) The applicable legislative body shall:
(a) convene the public hearing at the time, date, and place specified in the notice; and
(b) take oral or written testimony from interested persons.
(3) (a) Within 120 days of the submission of the proposal, the applicable legislative
body shall approve, modify and approve, or reject the proposal.
(b) The creation of an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area is effective at the earlier of:
(i) the applicable legislative body's approval of a proposal or modified proposal; or
(ii) 120 days after submission of a proposal complying with Subsection 
17-41-301
(2) if
the applicable legislative body has failed to approve or reject the proposal within that time.
(c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
is effective only if the applicable legislative body, at its discretion, approves a proposal or
modified proposal.
(4) (a) To give constructive notice of the existence of the agriculture protection area,
industrial protection area, or critical infrastructure materials protection area to all persons who
have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
protection area within 10 days of the creation of the relevant protection area, the applicable
legislative body shall file an executed document containing a legal description of the relevant
protection area with:
(i) the county recorder of deeds; and
(ii) the affected planning commission.
(b) If the legal description of the property to be included in the relevant protection area
is available through the county recorder's office, the applicable legislative body shall use that
legal description in its executed document required in Subsection (4)(a).
(5) Within 10 days of the recording of the agriculture protection area, the applicable
legislative body shall:
(a) send written notification to the commissioner of agriculture and food that the
agriculture protection area has been created; and
(b) include in the notification:
(i) the number of landowners owning land within the agriculture protection area;
(ii) the total acreage of the area;
(iii) the date of approval of the area; and
(iv) the date of recording.
(6) The applicable legislative body's failure to record the notice required under
Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
creation of an agriculture protection area.
(7) The applicable legislative body may consider the cost of recording notice under
Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
under Subsection 
17-41-301
(4)(b).
Section 59. Section 
17-41-405
 is amended to read:
17-41-405.
Eminent domain restrictions.
(1) A political subdivision having or exercising eminent domain powers may not
condemn for any purpose any land within an agriculture protection area that is being used for
agricultural production, land within an industrial protection area that is being put to an
industrial use, or land within a critical infrastructure materials protection area, unless the
political subdivision obtains approval, according to the procedures and requirements of this
section, from the applicable legislative body and the advisory board.
(2) Any condemnor wishing to condemn property within an agriculture protection area,
industrial protection area, or critical infrastructure materials protection area shall file a notice
of condemnation with the applicable legislative body and the relevant protection area's advisory
board at least 30 days before filing an eminent domain complaint.
(3) The applicable legislative body and the advisory board shall:
(a) hold a joint public hearing on the proposed condemnation at a location within the
county in which the relevant protection area is located;
(b) publish notice of the time, date, place, and purpose of the public hearing:
(i) in a newspaper of general circulation within the relevant protection area; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
;
and
(c) post notice of the time, date, place, and purpose of the public hearing in five
conspicuous public places, designated by the applicable legislative body, within or near the
relevant protection area.
(4) (a) If the condemnation is for highway purposes or for the disposal of solid or
liquid waste materials, the applicable legislative body and the advisory board may approve the
condemnation only if there is no reasonable and prudent alternative to the use of the land
within the agriculture protection area, industrial protection area, or critical infrastructure
materials protection area for the project.
(b) If the condemnation is for any other purpose, the applicable legislative body and the
advisory board may approve the condemnation only if:
(i) the proposed condemnation would not have an unreasonably adverse effect upon the
preservation and enhancement of:
(A) agriculture within the agriculture protection area;
(B) the industrial use within the industrial protection area; or
(C) critical infrastructure materials operations within the critical infrastructure
materials protection area; or
(ii) there is no reasonable and prudent alternative to the use of the land within [
the
] the
relevant protection area for the project.
(5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
legislative body and the advisory board shall approve or reject the proposed condemnation.
(b) If the applicable legislative body and the advisory board fail to act within the 60
days or such further time as the applicable legislative body establishes, the condemnation shall
be considered rejected.
(6) The applicable legislative body or the advisory board may request the county or
municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
this section.
Section 60. Section 
17-50-303
 is amended to read:
17-50-303.
County may not give or lend credit -- County may borrow in
anticipation of revenues -- Assistance to nonprofit and private entities.
(1) A county may not give or lend its credit to or in aid of any person or corporation,
or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
(2) (a) A county may borrow money in anticipation of the collection of taxes and other
county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
Government Bonding Act.
(b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
funds of the county may be expended.
(3) (a) A county may appropriate money to or provide nonmonetary assistance to a
nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of
the county legislative body, the assistance contributes to the safety, health, prosperity, moral
well-being, peace, order, comfort, or convenience of county residents.
(b) A county may appropriate money to a nonprofit entity from the county's own funds
or from funds the county receives from the state or any other source.
(4) (a) As used in this Subsection (4):
(i) "Private enterprise" means a person that engages in an activity for profit.
(ii) "Project" means an activity engaged in by a private enterprise.
(b) A county may appropriate money in aid of a private enterprise project if:
(i) subject to Subsection (4)(c), the county receives value in return for the money
appropriated; and
(ii) in the judgment of the county legislative body, the private enterprise project
provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
convenience of the county residents.
(c) The county shall measure the net value received by the county for money
appropriated by the county to a private entity on a project-by-project basis over the life of the
project.
(d) (i) Before a county legislative body may appropriate funds in aid of a private
enterprise project under this Subsection (4), the county legislative body shall:
(A) adopt by ordinance criteria to determine what value, if any, the county will receive
in return for money appropriated under this Subsection (4);
(B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
and private enterprise project; and
(C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
appropriation and the private enterprise project.
(ii) The county legislative body may consider an intangible benefit as a value received
by the county.
(e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the
county shall study:
(A) any value the county will receive in return for money or resources appropriated to a
private entity;
(B) the county's purpose for the appropriation, including an analysis of the way the
appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
order, comfort, or convenience of the county residents; and
(C) whether the appropriation is necessary and appropriate to accomplish the
reasonable goals and objectives of the county in the area of economic development, job
creation, affordable housing, elimination of a development impediment, as defined in Section
17C-1-102
, job preservation, the preservation of historic structures, analyzing and improving
county government structure or property, or any other public purpose.
(ii) The county shall:
(A) prepare a written report of the results of the study; and
(B) make the report available to the public at least 14 days immediately prior to the
scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
(f) The county shall publish notice of the public hearing required in Subsection
(4)(d)(i)(C):
(i) in a newspaper of general circulation at least 14 days before the date of the hearing
or, if there is no newspaper of general circulation, by posting notice in at least three
conspicuous places within the county for the same time period; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, at
least 14 days before the date of the hearing.
(g) (i) A person may appeal the decision of the county legislative body to appropriate
funds under this Subsection (4).
(ii) A person shall file an appeal with the district court within 30 days after the day on
which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
(iii) A court shall:
(A) presume that an ordinance adopted or appropriation made under this Subsection (4)
is valid; and
(B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
illegal.
(iv) A determination of illegality requires a determination that the decision or
ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
ordinance was adopted.
(v) The district court's review is limited to:
(A) a review of the criteria adopted by the county legislative body under Subsection
(4)(d)(i)(A);
(B) the record created by the county legislative body at the public hearing described in
Subsection (4)(d)(i)(C); and
(C) the record created by the county in preparation of the study and the study itself as
described in Subsection (4)(e).
(vi) If there is no record, the court may call witnesses and take evidence.
(h) This section applies only to an appropriation not otherwise approved in accordance
with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
Section 61. Section 
17B-1-106
 is amended to read:
17B-1-106.
Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, local district under this title,
special service district, school district, interlocal cooperation entity established under Title 11,
Chapter 13, Interlocal Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or
(B) that has filed with the local district a copy of the general or long-range plan of the
county, municipality, local district, school district, interlocal cooperation entity, or specified
public utility.
(ii) "Affected entity" does not include the local district that is required under this
section to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(2) (a) If a local district under this title located in a county of the first or second class
prepares a long-range plan regarding its facilities proposed for the future or amends an already
existing long-range plan, the local district shall, before preparing a long-range plan or
amendments to an existing long-range plan, provide written notice, as provided in this section,
of its intent to prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the local district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be:
(A) sent to each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) sent to each affected entity;
(C) sent to the Automated Geographic Reference Center created in Section 
63F-1-506
;
(D) sent to each association of governments, established pursuant to an interlocal
agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
municipality described in Subsection (2)(b)(iii)(A) is a member; and
(E) (I) placed on the Utah Public Notice Website created under Section [
63F-1-701
]
63A-12-201
, if the local district:
(Aa) is required under Subsection 
52-4-203
(3) to use that website to provide public
notice of a meeting; or
(Bb) voluntarily chooses to place notice on that website despite not being required to
do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
(II) the state planning coordinator appointed under Section 
63J-4-202
, if the local
district does not provide notice on the Utah Public Notice Website under Subsection
(2)(b)(iii)(E)(I);
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the local district has one, and the name
and telephone number of a person where more information can be obtained concerning the
local district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
real property in a county of the first or second class for the purpose of expanding the district's
infrastructure or other facilities used for providing the services that the district is authorized to
provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
the property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan;
or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the local district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a local district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
property.
Section 62. Section 
17B-1-211
 is amended to read:
17B-1-211.
Notice of public hearings -- Publication of resolution.
(1) Before holding a public hearing or set of public hearings under Section 
17B-1-210
,
the legislative body of each county or municipality with which a request is filed or that adopts a
resolution under Subsection 
17B-1-203
(1)(d) and the board of trustees of each local district
that adopts a resolution under Subsection 
17B-1-203
(1)(e) shall:
(a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
in a newspaper or combination of newspapers of general circulation within the applicable area
in accordance with Subsection (2); or
(B) if there is no newspaper or combination of newspapers of general circulation
within the applicable area, post notice in accordance with Subsection (2) at least one notice per
1,000 population of that area and at places within the area that are most likely to provide actual
notice to residents of the area; and
(ii) publish notice on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
, for two weeks before the hearing or the first of the set of hearings; or
(b) mail a notice to each registered voter residing within and each owner of real
property located within the proposed local district.
(2) Each published notice under Subsection (1)(a)(i)(A) shall:
(a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
surrounded by a 1/4-inch border;
(b) if possible, appear in a newspaper that is published at least one day per week;
(c) if possible, appear in a newspaper of general interest and readership in the area and
not of limited subject matter;
(d) be placed in a portion of the newspaper other than where legal notices and
classified advertisements appear; and
(e) be published once each week for four consecutive weeks, with the final publication
being no fewer than five and no more than 20 days before the hearing or the first of the set of
hearings.
(3) Each notice required under Subsection (1) shall:
(a) if the hearing or set of hearings is concerning a resolution:
(i) contain the entire text or an accurate summary of the resolution; and
(ii) state the deadline for filing a protest against the creation of the proposed local
district;
(b) clearly identify each governing body involved in the hearing or set of hearings;
(c) state the date, time, and place for the hearing or set of hearings and the purposes for
the hearing or set of hearings; and
(d) describe or include a map of the entire proposed local district.
(4) County or municipal legislative bodies may jointly provide the notice required
under this section if all the requirements of this section are met as to each notice.
Section 63. Section 
17B-1-303
 is amended to read:
17B-1-303.
Term of board of trustees members -- Oath of office -- Bond -- Notice
of board member contact information.
(1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
member of a board of trustees begins at noon on the January 1 following the member's election
or appointment.
(b) The term of each member of the initial board of trustees of a newly created local
district begins:
(i) upon appointment, for an appointed member; and
(ii) upon the member taking the oath of office after the canvass of the election at which
the member is elected, for an elected member.
(c) The term of each water conservancy district board member whom the governor
appoints in accordance with Subsection 
17B-2a-1005
(2)(c):
(i) begins on the later of the following:
(A) the date on which the Senate consents to the appointment; or
(B) the expiration date of the prior term; and
(ii) ends on the February 1 that is approximately four years after the date described in
Subsection (1)(c)(i)(A) or (B).
(d) The term of a member of a board of trustees whom an appointing authority appoints
in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
(e) If the member of the board of trustees fails to assume or qualify for office on
January 1 for any reason, the term begins on the date the member assumes or qualifies for
office.
(2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
and (iii), the term of each member of a board of trustees is four years, except that
approximately half the members of the initial board of trustees, chosen by lot, shall serve a
two-year term so that the term of approximately half the board members expires every two
years.
(ii) If the terms of members of the initial board of trustees of a newly created local
district do not begin on January 1 because of application of Subsection (1)(b), the terms of
those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the
terms of their successors complying with:
(A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
a member's election or appointment; and
(B) the requirement under Subsection (2)(a)(i) that terms be four years.
(iii) If the term of a member of a board of trustees does not begin on January 1 because
of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
complying with the requirement under Subsection (1)(a) that the successor member's term,
regardless of whether the incumbant is the successor, begins at noon on January 1 following the
successor member's election or appointment.
(iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
subtract more than a year from a member's term.
(b) Each board of trustees member shall serve until a successor is duly elected or
appointed and qualified, unless the member earlier is removed from office or resigns or
otherwise leaves office.
(c) If a member of a board of trustees no longer meets the qualifications of Subsection
17B-1-302
(1), (2), or (3), or if the member's term expires without a duly elected or appointed
successor:
(i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
(ii) the member may continue to serve until a successor is duly elected or appointed
and qualified.
(3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
(ii) A judge, county clerk, notary public, or the local district clerk may administer an
oath of office.
(b) The member of the board of trustees taking the oath of office shall file the oath of
office with the clerk of the local district.
(c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
does not invalidate any official act of that member.
(4) A board of trustees member may serve any number of terms.
(5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
trustees position is filled in accordance with Section 
20A-1-512
.
(b) When the number of members of a board of trustees increases in accordance with
Subsection 
17B-1-302
(6), the appointing authority may appoint an individual to fill a new
board of trustees position in accordance with Section 
17B-1-304
 or 
20A-1-512
.
(6) (a) For purposes of this Subsection (6):
(i) "Appointed official" means a person who:
(A) is appointed as a member of a local district board of trustees by a county or
municipality that is entitled to appoint a member to the board; and
(B) holds an elected position with the appointing county or municipality.
(ii) "Appointing entity" means the county or municipality that appointed the appointed
official to the board of trustees.
(b) The board of trustees shall declare a midterm vacancy for the board position held
by an appointed official if:
(i) during the appointed official's term on the board of trustees, the appointed official
ceases to hold the elected position with the appointing entity; and
(ii) the appointing entity submits a written request to the board to declare the vacancy.
(c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
appointing entity shall appoint another person to fill the remaining unexpired term on the board
of trustees.
(7) (a) Each member of a board of trustees shall give a bond for the faithful
performance of the member's duties, in the amount and with the sureties that the board of
trustees prescribes.
(b) The local district shall pay the cost of each bond required under Subsection (7)(a).
(8) (a) The lieutenant governor may extend the term of an elected district board
member by one year in order to compensate for a change in the election year under Subsection
17B-1-306
(14).
(b) When the number of members of a board of trustees increases in accordance with
Subsection 
17B-1-302
(6), to ensure that the term of approximately half of the board members
expires every two years in accordance with Subsection (2)(a):
(i) the board shall set shorter terms for approximately half of the new board members,
chosen by lot; and
(ii) the initial term of a new board member position may be less than two or four years.
(9) (a) A local district shall:
(i) post on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
the name, phone number, and email address of each member of the local district's board of
trustees;
(ii) update the information described in Subsection (9)(a)(i) when:
(A) the membership of the board of trustees changes; or
(B) a member of the board of trustees' phone number or email address changes; and
(iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
on which the change requiring the update occurs.
(b) This Subsection (9) applies regardless of whether the county or municipal
legislative body also serves as the board of trustees of the local district.
Section 64. Section 
17B-1-306
 is amended to read:
17B-1-306.
Local district board -- Election procedures.
(1) Except as provided in Subsection (12), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election or the regular general election, as
applicable; and
(ii) at polling places designated by the local district board in consultation with the
county clerk for each county in which the local district is located, which polling places shall
coincide with municipal general election or regular general election polling places, as
applicable, whenever feasible.
(b) The local district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one consolidated
polling place.
(c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
polling place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) The clerk of each local district with a board member position to be filled at the next
municipal general election or regular general election, as applicable, shall provide notice of:
(a) each elective position of the local district to be filled at the next municipal general
election or regular general election, as applicable;
(b) the constitutional and statutory qualifications for each position; and
(c) the dates and times for filing a declaration of candidacy.
(4) The clerk of the local district shall publish the notice described in Subsection (3):
(a) by posting the notice on the Utah Public Notice Website created in Section
[
63F-1-701
] 
63A-12-201
, for 10 days before the first day for filing a declaration of candidacy;
and
(b) (i) by posting the notice in at least five public places within the local district at least
10 days before the first day for filing a declaration of candidacy; or
(ii) publishing the notice:
(A) in a newspaper of general circulation within the local district at least three but no
more than 10 days before the first day for filing a declaration of candidacy;
(B) in accordance with Section 
45-1-101
, for 10 days before the first day for filing a
declaration of candidacy; and
(c) if the local district has a website, on the local district's website for 10 days before
the first day for filing a declaration of candidacy.
(5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
local district board position, an individual shall file a declaration of candidacy in person with
an official designated by the local district, during office hours, within the candidate filing
period for the applicable election year in which the election for the local district board is held.
(b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
filing time shall be extended until the close of normal office hours on the following regular
business day.
(c) Subject to Subsection (5)(f), an individual may designate an agent to file a
declaration of candidacy with the official designated by the local district if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the official designated by the local
district; and
(iii) the individual communicates with the official designated by the local district using
an electronic device that allows the individual and official to see and hear each other.
(d) (i) Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A) read to the individual the constitutional and statutory qualification requirements for
the office that the individual is seeking; and
(B) require the individual to state whether the individual meets those requirements.
(ii) If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii) If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election; and that, if
filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
period, and I hereby request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(f) An agent designated under Subsection (5)(c) may not sign the form described in
Subsection (5)(e).
(g) Each individual wishing to become a valid write-in candidate for an elective local
district board position is governed by Section 
20A-9-601
.
(h) If at least one individual does not file a declaration of candidacy as required by this
section, an individual shall be appointed to fill that board position in accordance with the
appointment provisions of Section 
20A-1-512
.
(i) If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 
20A-9-601
, the board, in accordance with Section
20A-1-206
, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(6) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii) according to the procedures for primary elections provided under Title 20A,
Election Code.
(7) (a) Except as provided in Subsection (7)(c), within one business day after the
deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
names to the clerk of each county in which the local district is located.
(b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
20A-6-305
, the clerk of each county in which the local district is located and the local district
clerk shall coordinate the placement of the name of each candidate for local district office in
the nonpartisan section of the ballot with the appropriate election officer.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible, the local
district board of trustees, in consultation with the county clerk, shall provide for a separate
local district election ballot to be administered by poll workers at polling locations designated
under Subsection (2).
(c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
prescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a
nonpartisan format.
(C) The name of each candidate shall be placed on the ballot in the order specified
under Section 
20A-6-305
.
(8) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(9) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(10) (a) Except as provided in Subsection 
17B-1-303
(8), a person elected to serve on a
local district board shall serve a four-year term, beginning at noon on the January 1 after the
person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
the county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear its own costs of each election it holds under this
section.
(12) This section does not apply to an improvement district that provides electric or gas
service.
(13) Except as provided in Subsection 
20A-3a-605
(1)(b), the provisions of Title 20A,
Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
(14) (a) As used in this Subsection (14), "board" means:
(i) a local district board; or
(ii) the administrative control board of a special service district that has elected
members on the board.
(b) A board may hold elections for membership on the board at a regular general
election instead of a municipal general election if the board submits an application to the
lieutenant governor that:
(i) requests permission to hold elections for membership on the board at a regular
general election instead of a municipal general election; and
(ii) indicates that holding elections at the time of the regular general election is
beneficial, based on potential cost savings, a potential increase in voter turnout, or another
material reason.
(c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
governor may approve the application if the lieutenant governor concludes that holding the
elections at the regular general election is beneficial based on the criteria described in
Subsection (14)(b)(ii).
(d) If the lieutenant governor approves a board's application described in this section:
(i) all future elections for membership on the board shall be held at the time of the
regular general election; and
(ii) the board may not hold elections at the time of a municipal general election unless
the board receives permission from the lieutenant governor to hold all future elections for
membership on the board at a municipal general election instead of a regular general election,
under the same procedure, and by applying the same criteria, described in this Subsection (14).
Section 65. Section 
17B-1-413
 is amended to read:
17B-1-413.
Hearing, notice, and protest provisions do not apply for certain
petitions.
(1) Section 
17B-1-412
 does not apply, and, except as provided in Subsection (2)(a),
Sections 
17B-1-409
 and 
17B-1-410
 do not apply:
(a) if the process to annex an area to a local district was initiated by:
(i) a petition under Subsection 
17B-1-403
(1)(a)(i);
(ii) a petition under Subsection 
17B-1-403
(1)(a)(ii)(A) that was signed by the owners
of private real property that:
(A) is located within the area proposed to be annexed;
(B) covers at least 75% of the total private land area within the entire area proposed to
be annexed and within each applicable area; and
(C) is equal in assessed value to at least 75% of the assessed value of all private real
property within the entire area proposed to be annexed and within each applicable area; or
(iii) a petition under Subsection 
17B-1-403
(1)(a)(ii)(B) that was signed by registered
voters residing within the entire area proposed to be annexed and within each applicable area
equal in number to at least 75% of the number of votes cast within the entire area proposed to
be annexed and within each applicable area, respectively, for the office of governor at the last
regular general election before the filing of the petition;
(b) to an annexation under Section 
17B-1-415
; or
(c) to a boundary adjustment under Section 
17B-1-417
.
(2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
Section 
17B-1-405
, the local district board:
(i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
and
(ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
17B-1-409
 after giving notice of the public hearing as provided in Subsection (2)(b); and
(B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
hold a public hearing as provided in Section 
17B-1-409
 if a written request to do so is
submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to
the local district board by an owner of property that is located within or a registered voter
residing within the area proposed to be annexed who did not sign the annexation petition.
(b) The notice required under Subsections (2)(a)(i) and (ii) shall:
(i) be given:
(A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
certification; or
(II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
than 30 days before the public hearing; and
(B) by:
(I) posting written notice at the local district's principal office and in one or more other
locations within or proximate to the area proposed to be annexed as are reasonable under the
circumstances, considering the number of parcels included in that area, the size of the area, the
population of the area, and the contiguousness of the area; and
(II) providing written notice:
(Aa) to at least one newspaper of general circulation, if there is one, within the area
proposed to be annexed or to a local media correspondent; and
(Bb) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
;
and
(ii) contain a brief explanation of the proposed annexation and include the name of the
local district, the service provided by the local district, a description or map of the area
proposed to be annexed, a local district telephone number where additional information about
the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
explanation of the right of a property owner or registered voter to request a public hearing as
provided in Subsection (2)(a)(ii)(B).
(c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
required for a public hearing under Subsection (2)(a)(ii)(A).
Section 66. Section 
17B-1-417
 is amended to read:
17B-1-417.
Boundary adjustment -- Notice and hearing -- Protest -- Resolution
adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
Recording requirements -- Effective date.
(1) As used in this section, "affected area" means the area located within the
boundaries of one local district that will be removed from that local district and included within
the boundaries of another local district because of a boundary adjustment under this section.
(2) The boards of trustees of two or more local districts having a common boundary
and providing the same service on the same wholesale or retail basis may adjust their common
boundary as provided in this section.
(3) (a) The board of trustees of each local district intending to adjust a boundary that is
common with another local district shall:
(i) adopt a resolution indicating the board's intent to adjust a common boundary;
(ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
after the adoption of the resolution under Subsection (3)(a)(i); and
(iii) (A) publish notice:
(I) (Aa) once a week for two successive weeks in a newspaper of general circulation
within the local district; or
(Bb) if there is no newspaper of general circulation within the local district, post notice
in at least four conspicuous places within the local district; and
(II) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks; or
(B) mail a notice to each owner of property located within the affected area and to each
registered voter residing within the affected area.
(b) The notice required under Subsection (3)(a)(iii) shall:
(i) state that the board of trustees of the local district has adopted a resolution
indicating the board's intent to adjust a boundary that the local district has in common with
another local district that provides the same service as the local district;
(ii) describe the affected area;
(iii) state the date, time, and location of the public hearing required under Subsection
(3)(a)(ii);
(iv) provide a local district telephone number where additional information about the
proposed boundary adjustment may be obtained;
(v) explain the financial and service impacts of the boundary adjustment on property
owners or residents within the affected area; and
(vi) state in conspicuous and plain terms that the board of trustees may approve the
adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
written protests to the adjustment are filed with the board by:
(A) the owners of private real property that:
(I) is located within the affected area;
(II) covers at least 50% of the total private land area within the affected area; and
(III) is equal in assessed value to at least 50% of the assessed value of all private real
property within the affected area; or
(B) registered voters residing within the affected area equal in number to at least 50%
of the votes cast in the affected area for the office of governor at the last regular general
election before the filing of the protests.
(c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
(d) The boards of trustees of the local districts whose boundaries are being adjusted
may jointly:
(i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
(ii) hold the public hearing required under Subsection (3)(a)(ii).
(4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
may adopt a resolution approving the adjustment of the common boundary unless, at or before
the public hearing, written protests to the boundary adjustment have been filed with the board
by:
(a) the owners of private real property that:
(i) is located within the affected area;
(ii) covers at least 50% of the total private land area within the affected area; and
(iii) is equal in assessed value to at least 50% of the assessed value of all private real
property within the affected area; or
(b) registered voters residing within the affected area equal in number to at least 50%
of the votes cast in the affected area for the office of governor at the last regular general
election before the filing of the protests.
(5) A resolution adopted under Subsection (4) does not take effect until the board of
each local district whose boundaries are being adjusted has adopted a resolution under
Subsection (4).
(6) The board of the local district whose boundaries are being adjusted to include the
affected area shall:
(a) within 30 days after the resolutions take effect under Subsection (5), file with the
lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
:
(i) if the affected area is located within the boundary of a single county, submit to the
recorder of that county:
(A) the original:
(I) notice of an impending boundary action;
(II) certificate of boundary adjustment; and
(III) approved final local entity plat; and
(B) a certified copy of each resolution adopted under Subsection (4); or
(ii) if the affected area is located within the boundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
(II) a certified copy of each resolution adopted under Subsection (4); and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
and
(II) a certified copy of each resolution adopted under Subsection (4).
(7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
, the affected area is annexed to the local district whose boundaries are
being adjusted to include the affected area, and the affected area is withdrawn from the local
district whose boundaries are being adjusted to exclude the affected area.
(b) (i) The effective date of a boundary adjustment under this section for purposes of
assessing property within the affected area is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
recorder of the county in which the property is located, a local district in whose boundary an
affected area is included because of a boundary adjustment under this section may not:
(A) levy or collect a property tax on property within the affected area;
(B) levy or collect an assessment on property within the affected area; or
(C) charge or collect a fee for service provided to property within the affected area.
(iii) Subsection (7)(b)(ii)(C):
(A) may not be construed to limit a local district's ability before a boundary adjustment
to charge and collect a fee for service provided to property that is outside the local district's
boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
local district's boundary adjustment, with respect to a fee that the local district was charging for
service provided to property within the area affected by the boundary adjustment immediately
before the boundary adjustment.
Section 67. Section 
17B-1-505.5
 is amended to read:
17B-1-505.5.
Feasibility study for a municipality's withdrawal from a local
district providing fire protection, paramedic, and emergency services or law enforcement
service.
(1) As used in this section:
(a) "Feasibility consultant" means a person with expertise in:
(i) the processes and economics of local government; and
(ii) the economics of providing fire protection, paramedic, and emergency services or
law enforcement service.
(b) "Feasibility study" means a study to determine the functional and financial
feasibility of a municipality's withdrawal from a first responder local district.
(c) "First responder district" means a local district, other than a municipal services
district, that provides:
(i) fire protection, paramedic, and emergency services; or
(ii) law enforcement service.
(d) "Withdrawing municipality" means a municipality whose legislative body has
adopted a resolution under Subsection 
17B-1-505
(3)(a) to initiate the process of the
municipality's withdrawal from a first responder district.
(2) This section applies and a feasibility study shall be conducted, as provided in this
section, if:
(a) the legislative body of a municipality has adopted a resolution under Subsection
17B-1-505
(3)(a) to initiate the process of the municipality's withdrawal from a first responder
district;
(b) the municipality and first responder district have not agreed in writing to the
withdrawal; and
(c) a feasibility study is a condition under Subsection 
17B-1-505
(6)(a) for an election
to be held approving the withdrawal.
(3) (a) As provided in this Subsection (3), the withdrawing municipality and first
responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
(b) The withdrawing municipality and first responder district shall jointly choose and
engage a feasibility consultant according to applicable municipal or local district procurement
procedures.
(c) (i) If the withdrawing municipality and first responder district cannot agree on and
have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
legislative body of the withdrawing municipality submits written notice to the first responder
district under Subsection 
17B-1-505
(3)(c), the withdrawing municipality and first responder
district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
at least eight feasibility consultants provided by the Utah Association of Certified Public
Accountants.
(ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
feasibility consultant that has had a contract to provide services to the withdrawing
municipality or first responder district at any time during the two-year period immediately
preceding the date the list is provided under Subsection (3)(c)(i).
(iii) (A) Beginning with the first responder district, the first responder district and
withdrawing municipality shall alternately eliminate one feasibility consultant each from the
list of feasibility consultants until one feasibility consultant remains.
(B) Within five days after receiving the list of consultants from the Utah Association of
Certified Public Accountants, the first responder district shall make the first elimination of a
feasibility consultant from the list and notify the withdrawing municipality in writing of the
elimination.
(C) After the first elimination of a feasibility consultant from the list, the withdrawing
municipality and first responder district shall each, within three days after receiving the written
notification of the preceding elimination, notify the other in writing of the elimination of a
feasibility consultant from the list.
(d) If a withdrawing municipality and first responder district do not engage a feasibility
consultant under Subsection (3)(b), the withdrawing municipality and first responder district
shall engage the feasibility consultant that has not been eliminated from the list at the
completion of the process described in Subsection (3)(c).
(4) A feasibility consultant that conducts a feasibility study under this section shall be
independent of and unaffiliated with the withdrawing municipality and first responder district.
(5) In conducting a feasibility study under this section, the feasibility consultant shall
consider:
(a) population and population density within the withdrawing municipality;
(b) current and five-year projections of demographics and economic base in the
withdrawing municipality, including household size and income, commercial and industrial
development, and public facilities;
(c) projected growth in the withdrawing municipality during the next five years;
(d) subject to Subsection (6)(a), the present and five-year projections of the cost,
including overhead, of providing the same service in the withdrawing municipality as is
provided by the first responder district, including:
(i) the estimated cost if the first responder district continues to provide service; and
(ii) the estimated cost if the withdrawing municipality provides service;
(e) subject to Subsection (6)(a), the present and five-year projections of the cost,
including overhead, of the first responder district providing service with:
(i) the municipality included in the first responder district's service area; and
(ii) the withdrawing municipality excluded from the first responder district's service
area;
(f) a projection of any new taxes per household that may be levied within the
withdrawing municipality within five years after the withdrawal;
(g) the fiscal impact that the withdrawing municipality's withdrawal has on other
municipalities and unincorporated areas served by the first responder district, including any rate
increase that may become necessary to maintain required coverage ratios for the first responder
district's debt;
(h) the physical and other assets that will be required by the withdrawing municipality
to provide, without interruption or diminution of service, the same service that is being
provided by the first responder district;
(i) the physical and other assets that will no longer be required by the first responder
district to continue to provide the current level of service to the remainder of the first responder
district, excluding the withdrawing municipality, and could be transferred to the withdrawing
municipality;
(j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
district's assets between the first responder district and the withdrawing municipality, effective
upon the withdrawal of the withdrawing municipality from the first responder district;
(k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
responder district and any local building authority of the first responder district, between the
withdrawing municipality and the remaining first responder district, taking into consideration:
(i) any requirement to maintain the excludability of interest from the income of the
holder of the debt, liability, or obligation for federal income tax purposes; and
(ii) any first responder district assets that have been purchased with the proceeds of
bonds issued by the first responder district that the first responder district will retain and any of
those assets that will be transferred to the withdrawing municipality;
(l) the number and classification of first responder district employees who will no
longer be required to serve the remaining portions of the first responder district after the
withdrawing municipality withdraws from the first responder district, including the dollar
amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
associated with termination of the employees if the withdrawing municipality does not employ
the employees;
(m) maintaining as a base, for a period of three years after withdrawal, the existing
schedule of pay and benefits for first responder district employees who are transferred to the
employment of the withdrawing municipality; and
(n) any other factor that the feasibility consultant considers relevant to the question of
the withdrawing municipality's withdrawal from the first responder district.
(6) (a) For purposes of Subsections (5)(d) and (e):
(i) the feasibility consultant shall assume a level and quality of service to be provided
in the future to the withdrawing municipality that fairly and reasonably approximates the level
and quality of service that the first responder district provides to the withdrawing municipality
at the time of the feasibility study;
(ii) in determining the present value cost of a service that the first responder district
provides, the feasibility consultant shall consider:
(A) the cost to the withdrawing municipality of providing the service for the first five
years after the withdrawal; and
(B) the first responder district's present and five-year projected cost of providing the
same service within the withdrawing municipality; and
(iii) the feasibility consultant shall consider inflation and anticipated growth in
calculating the cost of providing service.
(b) The feasibility consultant may not consider an allocation of first responder district
assets or a transfer of first responder district employees to the extent that the allocation or
transfer would impair the first responder district's ability to continue to provide the current
level of service to the remainder of the first responder district without the withdrawing
municipality, unless the first responder district consents to the allocation or transfer.
(7) A feasibility consultant may retain an architect, engineer, or other professional, as
the feasibility consultant considers prudent and as provided in the agreement with the
withdrawing municipality and first responder district, to assist the feasibility consultant to
conduct a feasibility study.
(8) The withdrawing municipality and first responder district shall require the
feasibility consultant to:
(a) complete the feasibility study within a time established by the withdrawing
municipality and first responder district;
(b) prepare and submit a written report communicating the results of the feasibility
study, including a one-page summary of the results; and
(c) attend all public hearings relating to the feasibility study under Subsection (14).
(9) A written report of the results of a feasibility study under this section shall:
(a) contain a recommendation concerning whether a withdrawing municipality's
withdrawal from a first responder district is functionally and financially feasible for both the
first responder district and the withdrawing municipality; and
(b) include any conditions the feasibility consultant determines need to be satisfied in
order to make the withdrawal functionally and financially feasible, including:
(i) first responder district assets and liabilities to be allocated to the withdrawing
municipality; and
(ii) (A) first responder district employees to become employees of the withdrawing
municipality; and
(B) sick leave, vacation, and other accrued benefits and obligations relating to the first
responder district employees that the withdrawing municipality needs to assume.
(10) The withdrawing municipality and first responder district shall equally share the
feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
municipality and first responder district and the feasibility consultant.
(11) (a) Upon completion of the feasibility study and preparation of a written report,
the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
first responder district.
(b) (i) A withdrawing municipality or first responder district that disagrees with any
aspect of a feasibility study report may, within 20 business days after receiving a copy of the
report under Subsection (11)(a), submit to the feasibility consultant a written objection
detailing the disagreement.
(ii) (A) A withdrawing municipality that submits a written objection under Subsection
(11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
(B) A first responder district that submits a written objection under Subsection
(11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
(iii) A withdrawing municipality or first responder district may, within 10 business
days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
consultant a written response to the objection.
(iv) (A) A withdrawing municipality that submits a response under Subsection
(11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
(B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
simultaneously deliver a copy of the response to the withdrawing municipality.
(v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
submitting a response to an objection:
(A) modify the feasibility study report or explain in writing why the feasibility
consultant is not modifying the feasibility study report; and
(B) deliver the modified feasibility study report or written explanation to the
withdrawing municipality and first responder local district.
(12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
for submitting an objection or, if an objection is submitted, within seven days after receiving a
modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
(a) make a copy of the report available to the public at the primary office of the
withdrawing municipality; and
(b) if the withdrawing municipality has a website, post a copy of the report on the
municipality's website.
(13) A feasibility study report or, if a feasibility study report is modified under
Subsection (11), a modified feasibility study report may not be challenged unless the basis of
the challenge is that the report results from collusion or fraud.
(14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
the withdrawing municipality's receipt of the modified feasibility study report or written
explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
held:
(i) within the following 60 days; and
(ii) for the purpose of allowing:
(A) the feasibility consultant to present the results of the feasibility study; and
(B) the public to become informed about the feasibility study results, to ask the
feasibility consultant questions about the feasibility study, and to express the public's views
about the proposed withdrawal.
(b) At a public hearing under Subsection (14)(a), the legislative body of the
withdrawing municipality shall:
(i) provide a copy of the feasibility study for public review; and
(ii) allow the public to:
(A) ask the feasibility consultant questions about the feasibility study; and
(B) express the public's views about the withdrawing municipality's proposed
withdrawal from the first responder district.
(15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
hearing under Subsection (14):
(i) at least once a week for three successive weeks in a newspaper of general
circulation within the withdrawing municipality, with the last publication occurring no less
than three days before the first public hearing held under Subsection (14); and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three consecutive weeks immediately before the public hearing.
(b) A notice under Subsection (15)(a) shall state:
(i) the date, time, and location of the public hearing; and
(ii) that a copy of the feasibility study report may be obtained, free of charge, at the
office of the withdrawing municipality or on the withdrawing municipality's website.
(16) Unless the withdrawing municipality and first responder district agree otherwise,
conditions that a feasibility study report indicates are necessary to be met for a withdrawal to
be functionally and financially feasible for the withdrawing municipality and first responder
district are binding on the withdrawing municipality and first responder district if the
withdrawal occurs.
Section 68. Section 
17B-1-609
 is amended to read:
17B-1-609.
Hearing to consider adoption -- Notice.
(1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
(a) establish the time and place of a public hearing to consider its adoption; and
(b) except as provided in Subsection (6), order that notice of the hearing:
(i) (A) be published at least seven days before the hearing in at least one issue of a
newspaper of general circulation in the county or counties in which the district is located; or
(B) if no newspaper is circulated generally in the county or counties, be posted in three
public places within the district; and
(ii) be published at least seven days before the hearing on the Utah Public Notice
Website created in Section [
63F-1-701
] 
63A-12-201
.
(2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
required in Subsection (1)(b):
(a) may be combined with the notice required under Section 
59-2-919
; and
(b) shall be published in accordance with the advertisement provisions of Section
59-2-919
.
(3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
notice required in Subsection (1)(b):
(a) may be combined with the notice required under Section 
17B-1-643
; and
(b) shall be published or mailed in accordance with the notice provisions of Section
17B-1-643
.
(4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
prima facie evidence that notice was properly given.
(5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
30 days after the day on which the hearing is held, the notice is adequate and proper.
(6) A board of trustees of a local district with an annual operating budget of less than
$250,000 may satisfy the notice requirements in Subsection (1)(b) by:
(a) mailing a written notice, postage prepaid, to each voter in the local district; and
(b) posting the notice in three public places within the district.
Section 69. Section 
17B-1-643
 is amended to read:
17B-1-643.
Imposing or increasing a fee for service provided by local district.
(1) (a) Before imposing a new fee or increasing an existing fee for a service provided
by a local district, each local district board of trustees shall first hold a public hearing at which:
(i) the local district shall demonstrate its need to impose or increase the fee; and
(ii) any interested person may speak for or against the proposal to impose a fee or to
increase an existing fee.
(b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
no earlier than 6 p.m.
(c) A public hearing required under this Subsection (1) may be combined with a public
hearing on a tentative budget required under Section 
17B-1-610
.
(d) Except to the extent that this section imposes more stringent notice requirements,
the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
in holding the public hearing under Subsection (1)(a).
(2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
provided in Subsections (2)(b) and (c) or Subsection (2)(d).
(b) The notice required under Subsection (2)(a) shall be published:
(i) on the Utah Public Notice Website established in Section [
63F-1-701
] 
63A-12-201
;
and
(ii) (A) in a newspaper or combination of newspapers of general circulation in the local
district, if there is a newspaper or combination of newspapers of general circulation in the local
district; or
(B) if there is no newspaper or combination of newspapers of general circulation in the
local district, the local district board shall post at least one notice per 1,000 population within
the local district, at places within the local district that are most likely to provide actual notice
to residents within the local district.
(c) (i) The notice described in Subsection (2)(b)(ii)(A):
(A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
point, and surrounded by a 1/4-inch border;
(B) may not be placed in that portion of the newspaper where legal notices and
classified advertisements appear;
(C) whenever possible, shall appear in a newspaper that is published at least one day
per week;
(D) shall be in a newspaper or combination of newspapers of general interest and
readership in the local district, and not of limited subject matter; and
(E) shall be run once each week for the two weeks preceding the hearing.
(ii) The notice described in Subsection (2)(b) shall state that the local district board
intends to impose or increase a fee for a service provided by the local district and will hold a
public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
seven days after the day the first notice is published, for the purpose of hearing comments
regarding the proposed imposition or increase of a fee and to explain the reasons for the
proposed imposition or increase.
(d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
within the district who:
(A) will be charged the fee for a district service, if the fee is being imposed for the first
time; or
(B) are being charged a fee, if the fee is proposed to be increased.
(ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c)(ii).
(iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
fee.
(e) If the hearing required under this section is combined with the public hearing
required under Section 
17B-1-610
, the notice required under this Subsection (2):
(i) may be combined with the notice required under Section 
17B-1-609
; and
(ii) shall be published, posted, or mailed in accordance with the notice provisions of
this section.
(f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
evidence that notice was properly given.
(g) If no challenge is made to the notice given of a hearing required by Subsection (1)
within 30 days after the date of the hearing, the notice is considered adequate and proper.
(3) After holding a public hearing under Subsection (1), a local district board may:
(a) impose the new fee or increase the existing fee as proposed;
(b) adjust the amount of the proposed new fee or the increase of the existing fee and
then impose the new fee or increase the existing fee as adjusted; or
(c) decline to impose the new fee or increase the existing fee.
(4) This section applies to each new fee imposed and each increase of an existing fee
that occurs on or after July 1, 1998.
(5) (a) This section does not apply to an impact fee.
(b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
Impact Fees Act.
Section 70. Section 
17B-1-1204
 is amended to read:
17B-1-1204.
Notice of the hearing on a validation petition -- Amended or
supplemented validation petition.
(1) Upon the entry of an order under Section 
17B-1-1203
 setting a hearing on a
validation petition, the local district that filed the petition shall:
(a) publish notice:
(i) at least once a week for three consecutive weeks in a newspaper of general
circulation in the county in which the principal office of the district is located; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks immediately before the hearing; and
(b) post notice in its principal office at least 21 days before the date set for the hearing.
(2) Each notice under Subsection (1) shall:
(a) state the date, time, and place of the hearing on the validation petition;
(b) include a general description of the contents of the validation petition; and
(c) if applicable, state the location where a complete copy of a contract that is the
subject of the validation petition may be examined.
(3) If a district amends or supplements a validation petition under Subsection
17B-1-1202
(3) after publishing and posting notice as required under Subsection (1), the district
is not required to publish or post notice again unless required by the court.
Section 71. Section 
17B-1-1307
 is amended to read:
17B-1-1307.
Notice of public hearing and of dissolution.
(1) Before holding a public hearing required under Section 
17B-1-1306
, the
administrative body shall:
(a) (i) publish notice of the public hearing and of the proposed dissolution:
(A) in a newspaper of general circulation within the local district proposed to be
dissolved; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
30 days before the public hearing; and
(ii) post notice of the public hearing and of the proposed dissolution in at least four
conspicuous places within the local district proposed to be dissolved, no less than five and no
more than 30 days before the public hearing; or
(b) mail a notice to each owner of property located within the local district and to each
registered voter residing within the local district.
(2) Each notice required under Subsection (1) shall:
(a) identify the local district proposed to be dissolved and the service it was created to
provide; and
(b) state the date, time, and location of the public hearing.
Section 72. Section 
17B-2a-705
 is amended to read:
17B-2a-705.
Taxation -- Additional levy -- Election.
(1) If a mosquito abatement district board of trustees determines that the funds required
during the next ensuing fiscal year will exceed the maximum amount that the district is
authorized to levy under Subsection 
17B-1-103
(2)(g), the board of trustees may call an election
on a date specified in Section 
20A-1-204
 and submit to district voters the question of whether
the district should be authorized to impose an additional tax to raise the necessary additional
funds.
(2) The board shall publish notice of the election:
(a) (i) in a newspaper of general circulation within the district at least once, no later
than four weeks before the day of the election;
(ii) if there is no newspaper of general circulation in the district, at least four weeks
before the day of the election, by posting one notice, and at least one additional notice per
2,000 population of the district, in places within the district that are most likely to give notice
to the voters in the district; or
(iii) at least four weeks before the day of the election, by mailing notice to each
registered voter in the district;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
(d) if the district has a website, on the district's website for four weeks before the day
of the election.
(3) No particular form of ballot is required, and no informalities in conducting the
election may invalidate the election, if it is otherwise fairly conducted.
(4) At the election each ballot shall contain the words, "Shall the district be authorized
to impose an additional tax to raise the additional sum of $____?"
(5) The board of trustees shall canvass the votes cast at the election, and, if a majority
of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
additional levy to raise the additional amount of money required.
Section 73. Section 
17B-2a-1110
 is amended to read:
17B-2a-1110.
Withdrawal from a municipal services district upon incorporation
-- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
transferred to municipal services district.
(1) (a) A municipality may withdraw from a municipal services district in accordance
with Section 
17B-1-502
 or 
17B-1-505
, as applicable, and the requirements of this section.
(b) If a municipality engages a feasibility consultant to conduct a feasibility study
under Subsection (2)(a), the 180 days described in Subsection 
17B-1-502
(3)(a)(iii)(B) is tolled
from the day that the municipality engages the feasibility consultant to the day on which the
municipality holds the final public hearing under Subsection (5).
(2) (a) If a municipality decides to withdraw from a municipal services district, the
municipal legislative body shall, before adopting a resolution under Section 
17B-1-502
 or
17B-1-505
, as applicable, engage a feasibility consultant to conduct a feasibility study.
(b) The feasibility consultant shall be chosen:
(i) by the municipal legislative body; and
(ii) in accordance with applicable municipal procurement procedures.
(3) The municipal legislative body shall require the feasibility consultant to:
(a) complete the feasibility study and submit the written results to the municipal
legislative body before the council adopts a resolution under Section 
17B-1-502
;
(b) submit with the full written results of the feasibility study a summary of the results
no longer than one page in length; and
(c) attend the public hearings under Subsection (5).
(4) (a) The feasibility study shall consider:
(i) population and population density within the withdrawing municipality;
(ii) current and five-year projections of demographics and economic base in the
withdrawing municipality, including household size and income, commercial and industrial
development, and public facilities;
(iii) projected growth in the withdrawing municipality during the next five years;
(iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
including overhead, of municipal services in the withdrawing municipality;
(v) assuming the same tax categories and tax rates as currently imposed by the
municipal services district and all other current service providers, the present and five-year
projected revenue for the withdrawing municipality;
(vi) a projection of any new taxes per household that may be levied within the
withdrawing municipality within five years of the withdrawal; and
(vii) the fiscal impact on other municipalities serviced by the municipal services
district.
(b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
level and quality of municipal services to be provided to the withdrawing municipality in the
future that fairly and reasonably approximates the level and quality of municipal services being
provided to the withdrawing municipality at the time of the feasibility study.
(ii) In determining the present cost of a municipal service, the feasibility consultant
shall consider:
(A) the amount it would cost the withdrawing municipality to provide municipal
services for the first five years after withdrawing; and
(B) the municipal services district's present and five-year projected cost of providing
municipal services.
(iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
and anticipated growth.
(5) If the results of the feasibility study meet the requirements of Subsection (4), the
municipal legislative body shall, at its next regular meeting after receipt of the results of the
feasibility study, schedule at least one public hearing to be held:
(a) within the following 60 days; and
(b) for the purpose of allowing:
(i) the feasibility consultant to present the results of the study; and
(ii) the public to become informed about the feasibility study results, including the
requirement that if the municipality withdraws from the municipal services district, the
municipality must comply with Subsection (9), and to ask questions about those results of the
feasibility consultant.
(6) At a public hearing described in Subsection (5), the municipal legislative body
shall:
(a) provide a copy of the feasibility study for public review; and
(b) allow the public to express its views about the proposed withdrawal from the
municipal services district.
(7) (a) (i) The municipal clerk or recorder shall publish notice of the public hearings
required under Subsection (5):
(A) at least once a week for three successive weeks in a newspaper of general
circulation within the municipality; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks.
(ii) The municipal clerk or recorder shall publish the last publication of notice required
under Subsection (7)(a)(i)(A) at least three days before the first public hearing required under
Subsection (5).
(b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
within the proposed municipality, the municipal clerk or recorder shall post at least one notice
of the hearings per 1,000 population in conspicuous places within the municipality that are
most likely to give notice of the hearings to the residents.
(ii) The municipal clerk or recorder shall post the notices under Subsection (7)(b)(i) at
least seven days before the first hearing under Subsection (5).
(c) The notice under Subsections (7)(a) and (b) shall include the feasibility study
summary and shall indicate that a full copy of the study is available for inspection and copying
at the office of the municipal clerk or recorder.
(8) At a public meeting held after the public hearing required under Subsection (5), the
municipal legislative body may adopt a resolution under Section 
17B-1-502
 or 
17B-1-505
, as
applicable, if the municipality is in compliance with the other requirements of that section.
(9) The municipality shall pay revenues in excess of 5% to the municipal services
district for 10 years beginning on the next fiscal year immediately following the municipal
legislative body adoption of a resolution or an ordinance to withdraw under Section 
17B-1-502
or 
17B-1-505
 if the results of the feasibility study show that the average annual amount of
revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
(4)(a)(iv) by more than 5%.
Section 74. Section 
17C-1-207
 is amended to read:
17C-1-207.
Public entities may assist with project area development.
(1) In order to assist and cooperate in the planning, undertaking, construction, or
operation of project area development within an area in which the public entity is authorized to
act, a public entity may:
(a) (i) provide or cause to be furnished:
(A) parks, playgrounds, or other recreational facilities;
(B) community, educational, water, sewer, or drainage facilities; or
(C) any other works which the public entity is otherwise empowered to undertake;
(ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
replan streets, roads, roadways, alleys, sidewalks, or other places;
(iii) in any part of the project area:
(A) (I) plan or replan any property within the project area;
(II) plat or replat any property within the project area;
(III) vacate a plat;
(IV) amend a plat; or
(V) zone or rezone any property within the project area; and
(B) make any legal exceptions from building regulations and ordinances;
(iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
rights of any holder of the bonds;
(v) notwithstanding any law to the contrary, enter into an agreement for a period of
time with another public entity concerning action to be taken pursuant to any of the powers
granted in this title;
(vi) do anything necessary to aid or cooperate in the planning or implementation of the
project area development;
(vii) in connection with the project area plan, become obligated to the extent
authorized and funds have been made available to make required improvements or construct
required structures; and
(viii) lend, grant, or contribute funds to an agency for project area development or
proposed project area development, including assigning revenue or taxes in support of an
agency bond or obligation; and
(b) for less than fair market value or for no consideration, and subject to Subsection
(3):
(i) purchase or otherwise acquire property from an agency;
(ii) lease property from an agency;
(iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
an agency; or
(iv) lease the public entity's property to an agency.
(2) The following are not subject to Section 
10-8-2
, 
17-50-312
, or 
17-50-303
:
(a) project area development assistance that a public entity provides under this section;
or
(b) a transfer of funds or property from an agency to a public entity.
(3) A public entity may provide assistance described in Subsection (1)(b) no sooner
than 15 days after the day on which the public entity posts notice of the assistance on:
(a) the Utah Public Notice Website described in Section [
63F-1-701
] 
63A-12-201
; and
(b) the public entity's public website.
Section 75. Section 
17C-1-601.5
 is amended to read:
17C-1-601.5.
Annual agency budget -- Fiscal year -- Public hearing required --
Auditor forms -- Requirement to file form.
(1) Each agency shall prepare an annual budget of the agency's revenues and
expenditures for each fiscal year.
(2) The board shall adopt each agency budget:
(a) for an agency created by a municipality, before June 30; or
(b) for an agency created by a county, before December 15.
(3) The agency's fiscal year shall be the same as the fiscal year of the community that
created the agency.
(4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
annual budget.
(b) Each agency shall provide notice of the public hearing on the annual budget by:
(i) (A) publishing at least one notice in a newspaper of general circulation within the
agency boundaries, one week before the public hearing; or
(B) if there is no newspaper of general circulation within the agency boundaries,
posting a notice of the public hearing in at least three public places within the agency
boundaries; and
(ii) publishing notice on the Utah Public Notice Website created in Section
[
63F-1-701
] 
63A-12-201
, at least one week before the public hearing.
(c) Each agency shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each annual budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
agency personnel.
(6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
the annual budget with the auditor of the county in which the agency is located, the State Tax
Commission, the state auditor, the State Board of Education, and each taxing entity from which
the agency receives project area funds.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
state auditor.
Section 76. Section 
17C-1-804
 is amended to read:
17C-1-804.
Notice required for continued hearing.
The board shall give notice of a hearing continued under Section 
17C-1-803
 by
announcing at the hearing:
(1) the date, time, and place the hearing will be resumed; or
(2) (a) that the hearing is being continued to a later time; and
(b) that the board will cause a notice of the continued hearing to be published on the
Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, at least seven days
before the day on which the hearing is scheduled to resume.
Section 77. Section 
17C-1-806
 is amended to read:
17C-1-806.
Requirements for notice provided by agency.
(1) The notice required by Section 
17C-1-805
 shall be given by:
(a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
newspaper of general circulation within the county in which the project area or proposed
project area is located, at least 14 days before the hearing;
(ii) if there is no newspaper of general circulation, posting notice at least 14 days
before the day of the hearing in at least three conspicuous places within the county in which the
project area or proposed project area is located; or
(iii) posting notice, excluding the map described in Subsection (3)(b), at least 14 days
before the day on which the hearing is held on:
(A) the Utah Public Notice Website described in Section [
63F-1-701
] 
63A-12-201
; and
(B) the public website of a community located within the boundaries of the project
area; and
(b) at least 30 days before the hearing, mailing notice to:
(i) each record owner of property located within the project area or proposed project
area;
(ii) the State Tax Commission;
(iii) the assessor and auditor of the county in which the project area or proposed project
area is located; and
(iv) (A) if a project area is subject to a taxing entity committee, each member of the
taxing entity committee and the State Board of Education; or
(B) if a project area is not subject to a taxing entity committee, the legislative body or
governing board of each taxing entity within the boundaries of the project area or proposed
project area.
(2) The mailing of the notice to record property owners required under Subsection
(1)(b)(i) shall be conclusively considered to have been properly completed if:
(a) the agency mails the notice to the property owners as shown in the records,
including an electronic database, of the county recorder's office and at the addresses shown in
those records; and
(b) the county recorder's office records used by the agency in identifying owners to
whom the notice is mailed and their addresses were obtained or accessed from the county
recorder's office no earlier than 30 days before the mailing.
(3) The agency shall include in each notice required under Section 
17C-1-805
:
(a) (i) a boundary description of the project area or proposed project area; or
(ii) (A) a mailing address or telephone number where a person may request that a copy
of the boundary description be sent at no cost to the person by mail, email, or facsimile
transmission; and
(B) if the agency or community has an Internet website, an Internet address where a
person may gain access to an electronic, printable copy of the boundary description and other
related information;
(b) a map of the boundaries of the project area or proposed project area;
(c) an explanation of the purpose of the hearing; and
(d) a statement of the date, time, and location of the hearing.
(4) The agency shall include in each notice under Subsection (1)(b):
(a) a statement that property tax revenue resulting from an increase in valuation of
property within the project area or proposed project area will be paid to the agency for project
area development rather than to the taxing entity to which the tax revenue would otherwise
have been paid if:
(i) (A) the taxing entity committee consents to the project area budget; or
(B) one or more taxing entities agree to share property tax revenue under an interlocal
agreement; and
(ii) the project area plan provides for the agency to receive tax increment; and
(b) an invitation to the recipient of the notice to submit to the agency comments
concerning the subject matter of the hearing before the date of the hearing.
(5) An agency may include in a notice under Subsection (1) any other information the
agency considers necessary or advisable, including the public purpose achieved by the project
area development and any future tax benefits expected to result from the project area
development.
Section 78. Section 
17C-2-108
 is amended to read:
17C-2-108.
Notice of urban renewal project area plan adoption -- Effective date
of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of an urban renewal project
area plan, or an amendment to a project area plan under Section 
17C-2-110
, the community
legislative body shall provide notice as provided in Subsection (1)(b) by:
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
(B) if there is no newspaper of general circulation within the agency's boundaries,
causing a notice to be posted in at least three public places within the agency's boundaries; and
(ii) posting a notice on the Utah Public Notice Website described in Section
[
63F-1-701
] 
63A-12-201
.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan
or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public
inspection and the hours for inspection.
(2) The project area plan shall become effective on the date of:
(a) if notice was published under Subsection (1)(a), publication of the notice; or
(b) if notice was posted under Subsection (1)(a), posting of the notice.
(3) (a) For a period of 30 days after the effective date of the project area plan under
Subsection (2), any person may contest the project area plan or the procedure used to adopt the
project area plan if the plan or procedure fails to comply with applicable statutory
requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the project area plan by the community legislative body, the
agency may carry out the project area plan.
(5) Each agency shall make the project area plan available to the general public at the
agency's office during normal business hours.
Section 79. Section 
17C-3-107
 is amended to read:
17C-3-107.
Notice of economic development project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of an economic development
project area plan, or an amendment to the project area plan under Section 
17C-3-109
 that
requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by:
(i) publishing or causing to be published a notice:
(A) in a newspaper of general circulation within the agency's boundaries; or
(B) if there is no newspaper of general circulation within the agency's boundaries,
causing a notice to be posted in at least three public places within the agency's boundaries; and
(ii) on the Utah Public Notice Website described in Section [
63F-1-701
] 
63A-12-201
.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan
or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for public inspection and
the hours for inspection.
(2) The project area plan shall become effective on the date of:
(a) if notice was published under Subsection (1)(a), publication of the notice; or
(b) if notice was posted under Subsection (1)(a), posting of the notice.
(3) (a) For a period of 30 days after the effective date of the project area plan under
Subsection (2), any person may contest the project area plan or the procedure used to adopt the
project area plan if the plan or procedure fails to comply with applicable statutory
requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the economic development project area plan by the community
legislative body, the agency may implement the project area plan.
(5) Each agency shall make the economic development project area plan available to
the general public at the agency's office during normal business hours.
Section 80. Section 
17C-4-109
 is amended to read:
17C-4-109.
Expedited community development project area plan.
(1) As used in this section, "tax increment incentive" means the portion of tax
increment awarded to an industry or business.
(2) A community development project area plan may be adopted or amended without
complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
Hearing and Notice Requirements, if the following requirements are met:
(a) the agency determines by resolution adopted in an open and public meeting the
need to create or amend a project area plan on an expedited basis, which resolution shall
include a description of why expedited action is needed;
(b) a public hearing on the amendment or adoption of the project area plan is held by
the agency;
(c) notice of the public hearing is published at least 14 days before the public hearing
on:
(i) the website of the community that created the agency; and
(ii) the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
;
(d) written consent to the amendment or adoption of the project area plan is given by
all record property owners within the existing or proposed project area;
(e) each taxing entity that will be affected by the tax increment incentive enters into or
amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
Act, and Sections 
17C-4-201
, 
17C-4-203
, and 
17C-4-204
;
(f) the primary market for the goods or services that will be created by the industry or
business entity that will receive a tax increment incentive from the amendment or adoption of
the project area plan is outside of the state;
(g) the industry or business entity that will receive a tax increment incentive from the
amendment or adoption of the project area plan is not primarily engaged in retail trade; and
(h) a tax increment incentive is only provided to an industry or business entity:
(i) on a postperformance basis as described in Subsection (3); and
(ii) on an annual basis after the tax increment is received by the agency.
(3) An industry or business entity may only receive a tax increment incentive under this
section after entering into an agreement with the agency that sets postperformance targets that
shall be met before the industry or business entity may receive the tax increment incentive,
including annual targets for:
(a) capital investment in the project area;
(b) the increase in the taxable value of the project area;
(c) the number of new jobs created in the project area;
(d) the average wages of the jobs created, which shall be at least 110% of the
prevailing wage of the county where the project area is located; and
(e) the amount of local vendor opportunity generated by the industry or business entity.
Section 81. Section 
17C-4-202
 is amended to read:
17C-4-202.
Resolution or interlocal agreement to provide project area funds for
the community development project area plan -- Notice -- Effective date of resolution or
interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
of resolution or interlocal agreement.
(1) The approval and adoption of each resolution or interlocal agreement under
Subsection 
17C-4-201
(2) shall be in an open and public meeting.
(2) (a) Upon the adoption of a resolution or interlocal agreement under Section
17C-4-201
, the agency shall provide notice as provided in Subsection (2)(b) by:
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
(B) if there is no newspaper of general circulation within the agency's boundaries,
causing a notice to be posted in at least three public places within the agency's boundaries; and
(ii) publishing or causing to be published a notice on the Utah Public Notice Website
created in Section [
63F-1-701
] 
63A-12-201
.
(b) Each notice under Subsection (2)(a) shall:
(i) set forth a summary of the resolution or interlocal agreement; and
(ii) include a statement that the resolution or interlocal agreement is available for
public inspection and the hours of inspection.
(3) The resolution or interlocal agreement shall become effective on the date of:
(a) if notice was published under Subsection (2)(a)(i)(A) or (2)(a)(ii), publication of the
notice; or
(b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.
(4) (a) For a period of 30 days after the effective date of the resolution or interlocal
agreement under Subsection (3), any person may contest the resolution or interlocal agreement
or the procedure used to adopt the resolution or interlocal agreement if the resolution or
interlocal agreement or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
(i) the resolution or interlocal agreement;
(ii) a distribution of tax increment to the agency under the resolution or interlocal
agreement; or
(iii) the agency's use of project area funds under the resolution or interlocal agreement.
(5) Each agency that is to receive project area funds under a resolution or interlocal
agreement under Section 
17C-4-201
 and each taxing entity that approves a resolution or enters
into an interlocal agreement under Section 
17C-4-201
 shall make the resolution or interlocal
agreement, as the case may be, available at the taxing entity's offices to the public for
inspection and copying during normal business hours.
Section 82. Section 
17C-5-110
 is amended to read:
17C-5-110.
Notice of community reinvestment project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon a community legislative body's adoption of a community reinvestment
project area plan in accordance with Section 
17C-5-109
, or an amendment to a community
reinvestment project area plan in accordance with Section 
17C-5-112
, the community
legislative body shall provide notice of the adoption or amendment in accordance with
Subsection (1)(b) by:
(i) (A) causing a notice to be published in a newspaper of general circulation within the
community; or
(B) if there is no newspaper of general circulation within the community, causing a
notice to be posted in at least three public places within the community; and
(ii) posting a notice on the Utah Public Notice Website described in Section
[
63F-1-701
] 
63A-12-201
.
(b) A notice described in Subsection (1)(a) shall include:
(i) a copy of the community legislative body's ordinance, or a summary of the
ordinance, that adopts the community reinvestment project area plan; and
(ii) a statement that the community reinvestment project area plan is available for
public inspection and the hours for inspection.
(2) A community reinvestment project area plan is effective on the day on which notice
of adoption is published or posted in accordance with Subsection (1)(a).
(3) A community reinvestment project area is considered created the day on which the
community reinvestment project area plan becomes effective as described in Subsection (2).
(4) (a) Within 30 days after the day on which a community reinvestment project area
plan is effective, a person may contest the community reinvestment project area plan or the
procedure used to adopt the community reinvestment project area plan if the community
reinvestment project area plan or the procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not
contest the community reinvestment project area plan or the procedure used to adopt the
community reinvestment project area plan.
(5) Upon adoption of a community reinvestment project area plan by the community
legislative body, the agency may implement the community reinvestment project area plan.
(6) The agency shall make the community reinvestment project area plan available to
the public at the agency's office during normal business hours.
Section 83. Section 
17C-5-113
 is amended to read:
17C-5-113.
Expedited community reinvestment project area plan.
(1) As used in this section:
(a) "Qualified business entity" means a business entity that:
(i) has a primary market for the qualified business entity's goods or services outside of
the state; and
(ii) is not primarily engaged in retail sales.
(b) "Tax increment incentive" means the portion of an agency's tax increment that is
paid to a qualified business entity for the purpose of implementing a community reinvestment
project area plan.
(2) An agency and a qualified business entity may, in accordance with Subsection (3),
enter into an agreement that allows the qualified business entity to receive a tax increment
incentive.
(3) An agreement described in Subsection (2) shall set annual postperformance targets
for:
(a) capital investment within the community reinvestment project area;
(b) the number of new jobs created within the community reinvestment project area;
(c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
the prevailing wage of the county within which the community reinvestment project area is
located; and
(d) the amount of local vendor opportunity generated by the qualified business entity.
(4) A qualified business entity may only receive a tax increment incentive:
(a) if the qualified business entity complies with the agreement described in Subsection
(3);
(b) on a postperformance basis; and
(c) on an annual basis after the agency receives tax increment from a taxing entity.
(5) An agency may create or amend a community reinvestment project area plan for the
purpose of providing a tax increment incentive without complying with the requirements
described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
(a) the agency:
(i) holds a public hearing to consider the need to create or amend a community
reinvestment project area plan on an expedited basis;
(ii) posts notice at least 14 days before the day on which the public hearing described
in Subsection (5)(a)(i) is held on:
(A) the community's website; and
(B) the Utah Public Notice Website as described in Section [
63F-1-701
] 
63A-12-201
;
and
(iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
amend the community reinvestment project area plan on an expedited basis;
(b) all record property owners within the existing or proposed community reinvestment
project area plan give written consent; and
(c) each taxing entity affected by the tax increment incentive consents and enters into
an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
to the qualified business entity.
Section 84. Section 
17C-5-205
 is amended to read:
17C-5-205.
Interlocal agreement to provide project area funds for the community
reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
agreement.
(1) An agency shall:
(a) approve and adopt an interlocal agreement described in Section 
17C-5-204
 at an
open and public meeting; and
(b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
Reinvestment Project Area."
(2) (a) Upon the execution of an interlocal agreement described in Section 
17C-5-204
,
the agency shall provide notice of the execution by:
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
(B) if there is no newspaper of general circulation within the agency's boundaries,
causing the notice to be posted in at least three public places within the agency's boundaries;
and
(ii) publishing or causing the notice to be published on the Utah Public Notice Website
created in Section [
63F-1-701
] 
63A-12-201
.
(b) A notice described in Subsection (2)(a) shall include:
(i) a summary of the interlocal agreement; and
(ii) a statement that the interlocal agreement:
(A) is available for public inspection and the hours for inspection; and
(B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
sales and use tax revenue.
(3) An interlocal agreement described in Section 
17C-5-204
 is effective the day on
which the notice described in Subsection (2) is published or posted in accordance with
Subsection (2)(a).
(4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
person may contest the interlocal agreement or the procedure used to adopt the interlocal
agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not
contest:
(i) the interlocal agreement;
(ii) a distribution of tax increment to the agency under the interlocal agreement; or
(iii) the agency's use of project area funds under the interlocal agreement.
(5) A taxing entity that enters into an interlocal agreement under Section 
17C-5-204
shall make a copy of the interlocal agreement available to the public at the taxing entity's office
for inspection and copying during normal business hours.
Section 85. Section 
17D-3-107
 is amended to read:
17D-3-107.
Annual budget and financial reports requirements.
(1) Upon agreement with the commission, the state auditor may modify:
(a) for filing a budget, a requirement in Subsection 
17B-1-614
(2) or 
17B-1-629
(3)(d);
or
(b) for filing a financial report, a requirement in Section 
17B-1-639
.
(2) Beginning on July 1, 2019, a conservation district is a participating local entity, as
that term is defined in Section [
63A-1-201
, and subject to Title 63A, Chapter 1, Part 2, Utah
Public Finance Website
] 
67-3-12
, and is subject to Section 
67-3-12
.
Section 86. Section 
17D-3-305
 is amended to read:
17D-3-305.
Setting the date of nomination of the board of supervisors -- Notice
requirements.
(1) The commission shall set the date of the nomination of members of the board of
supervisors of a conservation district.
(2) The commission shall publish notice of the nomination day described in Subsection
(1):
(a) (i) in a newspaper of general circulation within the conservation district at least
once, no later than four weeks before the day of the nomination; or
(ii) if there is no newspaper of general circulation in the conservation district, at least
four weeks before the nomination day, by posting one notice, and at least one additional notice
per 2,000 population of the conservation district, in places within the conservation district that
are most likely to give notice to the residents in the conservation district;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the day of the nomination;
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the
nomination; and
(d) if the conservation district has a website, on the conservation district's website for
four weeks before the day of the nomination.
(3) The commissioner shall appoint the board of members by no later than six weeks
after the date set by the commission for the close of nominations.
(4) The notice required under Subsection (2) shall state:
(a) the nomination date; and
(b) the number of open board member positions for the conservation district.
Section 87. Section 
19-2-109
 is amended to read:
19-2-109.
Air quality standards -- Hearings on adoption -- Orders of director --
Adoption of emission control requirements.
(1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
hearings.
(b) Notice of any public hearing for the consideration, adoption, or amendment of air
quality standards shall specify the locations to which the proposed standards apply and the
time, date, and place of the hearing.
(c) The notice shall be:
(i) (A) published at least twice in any newspaper of general circulation in the area
affected; and
(B) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
, at least 20 days before the public hearing; and
(ii) mailed at least 20 days before the public hearing to the chief executive of each
political subdivision of the area affected and to other persons the director has reason to believe
will be affected by the standards.
(d) The adoption of air quality standards or any modification or changes to air quality
standards shall be by order of the director following formal action of the board with respect to
the standards.
(e) The order shall be published:
(i) in a newspaper of general circulation in the area affected; and
(ii) as required in Section 
45-1-101
.
(2) (a) The board may establish emission control requirements by rule that in its
judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
may vary from area to area, taking into account varying local conditions.
(b) In adopting these requirements, the board shall give notice and conduct public
hearings in accordance with the requirements in Subsection (1).
Section 88. Section 
20A-1-512
 is amended to read:
20A-1-512.
Midterm vacancies on local district boards.
(1) (a) Whenever a vacancy occurs on any local district board for any reason, the
following shall appoint a replacement to serve out the unexpired term in accordance with this
section:
(i) the local district board, if the person vacating the position was elected; or
(ii) the appointing authority, as that term is defined in Section 
17B-1-102
, if the
appointing authority appointed the person vacating the position.
(b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
district board or appointing authority shall:
(i) give public notice of the vacancy at least two weeks before the local district board
or appointing authority meets to fill the vacancy by:
(A) if there is a newspaper of general circulation, as that term is defined in Section
45-1-201
, within the district, publishing the notice in the newspaper of general circulation;
(B) posting the notice in three public places within the local district; and
(C) posting on the Utah Public Notice Website created under Section [
63F-1-701
]
63A-12-201
; and
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled;
(B) the individual to whom an individual who is interested in an appointment to fill the
vacancy may submit the individual's name for consideration; and
(C) any submission deadline.
(c) An appointing authority is not subject to Subsection (1)(b) if:
(i) the appointing authority appoints one of the appointing authority's own members;
and
(ii) that member meets all applicable statutory board member qualifications.
(2) If the local district board fails to appoint an individual to complete an elected board
member's term within 90 days, the legislative body of the county or municipality that created
the local district shall fill the vacancy in accordance with the procedure for a local district
described in Subsection (1)(b).
Section 89. Section 
20A-3a-604
 is amended to read:
20A-3a-604.
Notice of time and place of early voting.
(1) Except as provided in Section 
20A-1-308
 or Subsection 
20A-3a-603
(2), the
election officer shall, at least 19 days before the date of the election, publish notice of the dates,
times, and locations of early voting:
(a) (i) in one issue of a newspaper of general circulation in the county;
(ii) if there is no newspaper of general circulation in the county, in addition to posting
the notice described in Subsection (1)(b), by posting one notice, and at least one additional
notice per 2,000 population of the county, in places within the county that are most likely to
give notice to the residents in the county; or
(iii) by mailing notice to each registered voter in the county;
(b) by posting the notice at each early voting polling place;
(c) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
19 days before the day of the election;
(d) in accordance with Section 
45-1-101
, for 19 days before the date of the election;
and
(e) on the county's website for 19 days before the day of the election.
(2) Instead of publishing all dates, times, and locations of early voting under
Subsection (1), the election officer may publish a statement that specifies the following sources
where a voter may view or obtain a copy of all dates, times, and locations of early voting:
(a) the county's website;
(b) the physical address of the county's offices; and
(c) a mailing address and telephone number.
(3) The election officer shall include in the notice described in Subsection (1):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each early voting polling place, including any changes
to the location of an early voting polling place and the location of additional early voting
polling places; and
(b) a phone number that a voter may call to obtain information regarding the location
of an early voting polling place.
Section 90. Section 
20A-4-104
 is amended to read:
20A-4-104.
Counting ballots electronically.
(1) (a) Before beginning to count ballots using automatic tabulating equipment, the
election officer shall test the automatic tabulating equipment to ensure that it will accurately
count the votes cast for all offices and all measures.
(b) The election officer shall publish public notice of the time and place of the test:
(i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
general circulation in the county, municipality, or jurisdiction where the equipment is used;
(B) if there is no daily or weekly newspaper of general circulation in the county,
municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
test, by posting one notice, and at least one additional notice per 2,000 population of the
county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
(C) at least 10 days before the day of the test, by mailing notice to each registered voter
in the county, municipality, or jurisdiction where the equipment is used;
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the day of the test;
(iii) in accordance with Section 
45-1-101
, for at least 10 days before the day of the test;
and
(iv) if the county, municipality, or jurisdiction has a website, on the website for four
weeks before the day of the test.
(c) The election officer shall conduct the test by processing a preaudited group of
ballots.
(d) The election officer shall ensure that:
(i) a predetermined number of valid votes for each candidate and measure are recorded
on the ballots;
(ii) for each office, one or more ballots have votes in excess of the number allowed by
law in order to test the ability of the automatic tabulating equipment to reject those votes; and
(iii) a different number of valid votes are assigned to each candidate for an office, and
for and against each measure.
(e) If any error is detected, the election officer shall determine the cause of the error
and correct it.
(f) The election officer shall ensure that:
(i) the automatic tabulating equipment produces an errorless count before beginning
the actual counting; and
(ii) the automatic tabulating equipment passes the same test at the end of the count
before the election returns are approved as official.
(2) (a) The election officer or the election officer's designee shall supervise and direct
all proceedings at the counting center.
(b) (i) Proceedings at the counting center are public and may be observed by interested
persons.
(ii) Only those persons authorized to participate in the count may touch any ballot or
return.
(c) The election officer shall deputize and administer an oath or affirmation to all
persons who are engaged in processing and counting the ballots that they will faithfully
perform their assigned duties.
(3) If any ballot is damaged or defective so that it cannot properly be counted by the
automatic tabulating equipment, the election officer shall ensure that two counting judges
jointly :
(a) make a true replication of the ballot with an identifying serial number;
(b) substitute the replicated ballot for the damaged or defective ballot;
(c) label the replicated ballot "replicated"; and
(d) record the replicated ballot's serial number on the damaged or defective ballot.
(4) The election officer may:
(a) conduct an unofficial count before conducting the official count in order to provide
early unofficial returns to the public;
(b) release unofficial returns from time to time after the polls close; and
(c) report the progress of the count for each candidate during the actual counting of
ballots.
(5) The election officer shall review and evaluate the provisional ballot envelopes and
prepare any valid provisional ballots for counting as provided in Section 
20A-4-107
.
(6) (a) The election officer or the election officer's designee shall:
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
(ii) complete the standard form provided by the clerk for recording valid write-in votes.
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
more votes for an office than that voter is entitled to vote for that office, the poll workers shall
count the valid write-in vote as being the obvious intent of the voter.
(7) (a) The election officer shall certify the return printed by the automatic tabulating
equipment, to which have been added write-in and absentee votes, as the official return of each
voting precinct.
(b) Upon completion of the count, the election officer shall make official returns open
to the public.
(8) If for any reason it becomes impracticable to count all or a part of the ballots with
tabulating equipment, the election officer may direct that they be counted manually according
to the procedures and requirements of this part.
(9) After the count is completed, the election officer shall seal and retain the programs,
test materials, and ballots as provided in Section 
20A-4-202
.
Section 91. Section 
20A-4-304
 is amended to read:
20A-4-304.
Declaration of results -- Canvassers' report.
(1) Each board of canvassers shall:
(a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
declare "elected" or "nominated" those persons who:
(i) had the highest number of votes; and
(ii) sought election or nomination to an office completely within the board's
jurisdiction;
(b) declare:
(i) "approved" those ballot propositions that:
(A) had more "yes" votes than "no" votes; and
(B) were submitted only to the voters within the board's jurisdiction;
(ii) "rejected" those ballot propositions that:
(A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
votes; and
(B) were submitted only to the voters within the board's jurisdiction;
(c) certify the vote totals for persons and for and against ballot propositions that were
submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
the lieutenant governor; and
(d) if applicable, certify the results of each local district election to the local district
clerk.
(2) As soon as the result is declared, the election officer shall prepare a report of the
result, which shall contain:
(a) the total number of votes cast in the board's jurisdiction;
(b) the names of each candidate whose name appeared on the ballot;
(c) the title of each ballot proposition that appeared on the ballot;
(d) each office that appeared on the ballot;
(e) from each voting precinct:
(i) the number of votes for each candidate;
(ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
potential ballot-counting phase and the name of the candidate excluded in each canvassing
phase; and
(iii) the number of votes for and against each ballot proposition;
(f) the total number of votes given in the board's jurisdiction to each candidate, and for
and against each ballot proposition;
(g) the number of ballots that were rejected; and
(h) a statement certifying that the information contained in the report is accurate.
(3) The election officer and the board of canvassers shall:
(a) review the report to ensure that it is correct; and
(b) sign the report.
(4) The election officer shall:
(a) record or file the certified report in a book kept for that purpose;
(b) prepare and transmit a certificate of nomination or election under the officer's seal
to each nominated or elected candidate;
(c) publish a copy of the certified report in accordance with Subsection (5); and
(d) file a copy of the certified report with the lieutenant governor.
(5) Except as provided in Subsection (6), the election officer shall, no later than seven
days after the day on which the board of canvassers declares the election results, publish the
certified report described in Subsection (2):
(a) (i) at least once in a newspaper of general circulation within the jurisdiction;
(ii) if there is no newspaper of general circulation within the jurisdiction, by posting
one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places
within the jurisdiction that are most likely to give notice to the residents of the jurisdiction; or
(iii) by mailing notice to each residence within the jurisdiction;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
one week;
(c) in accordance with Section 
45-1-101
, for one week; and
(d) if the jurisdiction has a website, on the jurisdiction's website for one week.
(6) Instead of publishing the entire certified report under Subsection (5), the election
officer may publish a statement that:
(a) includes the following: "The Board of Canvassers for [indicate name of
jurisdiction] has prepared a report of the election results for the [indicate type and date of
election]."; and
(b) specifies the following sources where an individual may view or obtain a copy of
the entire certified report:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address for the jurisdiction; and
(iii) a mailing address and telephone number.
(7) When there has been a regular general or a statewide special election for statewide
officers, for officers that appear on the ballot in more than one county, or for a statewide or two
or more county ballot proposition, each board of canvassers shall:
(a) prepare a separate report detailing the number of votes for each candidate and the
number of votes for and against each ballot proposition; and
(b) transmit the separate report by registered mail to the lieutenant governor.
(8) In each county election, municipal election, school election, local district election,
and local special election, the election officer shall transmit the reports to the lieutenant
governor within 14 days after the date of the election.
(9) In a regular primary election and in a presidential primary election, the board shall
transmit to the lieutenant governor:
(a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
governor not later than the second Tuesday after the election; and
(b) a complete tabulation showing voting totals for all primary races, precinct by
precinct, to be mailed to the lieutenant governor on or before the third Friday following the
primary election.
Section 92. Section 
20A-5-101
 is amended to read:
20A-5-101.
Notice of election.
(1) On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a) designates the offices to be filled at the next year's regular general election;
(b) identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures, as applicable, under Sections 
20A-9-403
, 
20A-9-407
,
and 
20A-9-408
 for those offices; and
(c) contains a description of any ballot propositions to be decided by the voters that
have qualified for the ballot as of that date.
(2) No later than seven business days after the day on which the lieutenant governor
transmits the written notice described in Subsection (1), each county clerk shall publish notice,
in accordance with Subsection (3):
(a) (i) in a conspicuous place most likely to give notice of the election to the voters in
each voting precinct within the county; and
(ii) prepare an affidavit of the posting, showing a copy of the notice and the places
where the notice was posted;
(b) (i) in a newspaper of general circulation in the county;
(ii) if there is no newspaper of general circulation within the county, in addition to the
notice described in Subsection (2)(a), by posting one notice, and at least one additional notice
per 2,000 population of the county, in places within the county that are most likely to give
notice of the election to the voters in the county; or
(iii) by mailing notice to each registered voter in the county;
(c) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
seven days before the day of the election;
(d) in accordance with Section 
45-1-101
, for seven days before the day of the election;
and
(e) on the county's website for seven days before the day of the election.
(3) The notice described in Subsection (2) shall:
(a) designate the offices to be voted on in that election; and
(b) identify the dates for filing a declaration of candidacy for those offices.
(4) Except as provided in Subsection (6), before each election, the election officer shall
give printed notice of the following information:
(a) the date of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct, early voting polling place, and election
day voting center;
(d) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website any changes to the location of a polling place and the location of any
additional polling place;
(e) a phone number that a voter may call to obtain information regarding the location of
a polling place; and
(f) the qualifications for persons to vote in the election.
(5) To provide the printed notice described in Subsection (4), the election officer shall
publish the notice:
(a) (i) in a newspaper of general circulation in the jurisdiction to which the election
pertains at least two days before the day of the election;
(ii) if there is no newspaper of general circulation in the jurisdiction to which the
election pertains, at least two days before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the jurisdiction, in places within the
jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
(iii) by mailing the notice to each registered voter who resides in the jurisdiction to
which the election pertains at least five days before the day of the election;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two days before the day of the election;
(c) in accordance with Section 
45-1-101
, for two days before the day of the election;
and
(d) if the jurisdiction has a website, on the jurisdiction's website for two days before
the day of the election.
(6) Instead of including the information described in Subsection (4) in the notice, the
election officer may give printed notice that:
(a) is entitled "Notice of Election";
(b) includes the following: "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election, including
polling places, polling place hours, and qualifications of voters may be obtained from the
following sources:"; and
(c) specifies the following sources where an individual may view or obtain the
information described in Subsection (4):
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction offices; and
(iii) a mailing address and telephone number.
Section 93. Section 
20A-5-403.5
 is amended to read:
20A-5-403.5.
Ballot drop boxes.
(1) An election officer:
(a) may designate ballot drop boxes for the election officer's jurisdiction; and
(b) shall clearly mark each ballot drop box as an official ballot drop box for the
election officer's jurisdiction.
(2) Except as provided in Section 
20A-1-308
 or Subsection (5), the election officer
shall, at least 19 days before the date of the election, publish notice of the location of each
ballot drop box designated under Subsection (1):
(a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
election;
(ii) if there is no newspaper of general circulation in the jurisdiction holding the
election, by posting one notice, and at least one additional notice per 2,000 population of the
jurisdiction holding the election, in places within the jurisdiction that are most likely to give
notice to the residents in the jurisdiction; or
(iii) by mailing notice to each registered voter in the jurisdiction holding the election;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
19 days before the day of the election;
(c) in accordance with Section 
45-1-101
, for 19 days before the date of the election;
and
(d) on the jurisdiction's website for 19 days before the day of the election.
(3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
election officer may publish a statement that specifies the following sources where a voter may
view or obtain a copy of all ballot drop box locations:
(a) the jurisdiction's website;
(b) the physical address of the jurisdiction's offices; and
(c) a mailing address and telephone number.
(4) The election officer shall include in the notice described in Subsection (2):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each ballot drop box, including any changes to the
location of a ballot drop box and the location of additional ballot drop boxes; and
(b) a phone number that a voter may call to obtain information regarding the location
of a ballot drop box.
(5) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadline described in Subsection (2):
(i) if necessary, change the location of a ballot drop box; or
(ii) if the election officer determines that the number of ballot drop boxes is
insufficient due to the number of registered voters who are voting, designate additional ballot
drop boxes.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a ballot box or designates an additional ballot drop box location, the election officer
shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
the additional ballot drop box location:
(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) for a change in the location of a ballot drop box, at the new location and, if
possible, the old location; and
(B) for an additional ballot drop box location, at the additional ballot drop box
location.
(6) An election officer may, at any time, authorize two or more poll workers to remove
a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
Section 94. Section 
20A-5-405
 is amended to read:
20A-5-405.
Election officer to provide ballots.
(1) An election officer shall:
(a) provide ballots for every election of public officers in which the voters, or any of
the voters, within the election officer's jurisdiction participate;
(b) cause the name of every candidate whose nomination has been certified to or filed
with the election officer in the manner provided by law to be included on each ballot;
(c) cause any ballot proposition that has qualified for the ballot as provided by law to
be included on each ballot;
(d) ensure that the ballots are prepared and in the possession of the election officer
before commencement of voting;
(e) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official ballot to inspect the ballots;
(f) cause sample ballots to be printed that are in the same form as official ballots and
that contain the same information as official ballots but that are printed on different colored
paper than official ballots or are identified by a watermark;
(g) ensure that the sample ballots are printed and in the possession of the election
officer at least seven days before commencement of voting;
(h) make the sample ballots available for public inspection by:
(i) posting a copy of the sample ballot in the election officer's office at least seven days
before commencement of voting;
(ii) mailing a copy of the sample ballot to:
(A) each candidate listed on the ballot; and
(B) the lieutenant governor;
(iii) publishing a copy of the sample ballot:
(A) except as provided in Subsection (2), at least seven days before the day of the
election in a newspaper of general circulation in the jurisdiction holding the election;
(B) if there is no newspaper of general circulation in the jurisdiction holding the
election, at least seven days before the day of the election, by posting one copy of the sample
ballot, and at least one additional copy of the sample ballot per 2,000 population of the
jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
the jurisdiction; or
(C) at least 10 days before the day of the election, by mailing a copy of the sample
ballot to each registered voter who resides in the jurisdiction holding the election;
(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
in Section [
63F-1-701
] 
63A-12-201
, for seven days before the day of the election;
(v) in accordance with Section 
45-1-101
, publishing a copy of the sample ballot for at
least seven days before the day of the election; and
(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
seven days before the day of the election;
(i) deliver at least five copies of the sample ballot to poll workers for each polling
place and direct them to post the sample ballots as required by Section 
20A-5-102
; and
(j) print and deliver, at the expense of the jurisdiction conducting the election, enough
ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
each voting precinct.
(2) Instead of publishing the entire sample ballot under Subsection (1)(h)(iii)(A), the
election officer may publish a statement that:
(a) is entitled, "sample ballot";
(b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
upcoming [indicate type and date of election] may be obtained from the following sources:";
and
(c) specifies the following sources where an individual may view or obtain a copy of
the sample ballot:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction's offices; and
(iii) a mailing address and telephone number.
(3) (a) Each election officer shall, without delay, correct any error discovered in any
ballot, if the correction can be made without interfering with the timely distribution of the
ballots.
(b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
not possible to correct the error or omission, the election officer shall direct the poll workers to
make the necessary corrections on the manual ballots before the ballots are distributed.
(ii) If the election officer discovers an error or omission in an electronic ballot and it is
not possible to correct the error or omission by revising the electronic ballot, the election
officer shall direct the poll workers to post notice of each error or omission with instructions on
how to correct each error or omission in a prominent position at each polling booth.
(c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
candidate or a candidate's agent may file a verified petition with the district court asserting that:
(A) an error or omission has occurred in:
(I) the publication of the name or description of a candidate;
(II) the preparation or display of an electronic ballot; or
(III) in the printing of sample or official manual ballots; and
(B) the election officer has failed to correct or provide for the correction of the error or
omission.
(ii) The district court shall issue an order requiring correction of any error in a ballot or
an order to show cause why the error should not be corrected if it appears to the court that the
error or omission has occurred and the election officer has failed to correct or provide for the
correction of the error or ommission.
(iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
Supreme Court within five days after the day on which the district court enters the decision.
Section 95. Section 
20A-7-204.1
 is amended to read:
20A-7-204.1.
Public hearings to be held before initiative petitions are circulated --
Changes to an initiative and initial fiscal impact estimate.
(1) (a) After issuance of the initial fiscal impact estimate by the Office of the
Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
follows:
(i) one in the Bear River region -- Box Elder, Cache, or Rich County;
(ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
County;
(iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
(iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
County;
(v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
(vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
(vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
County.
(b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
the public hearings in a first or second class county, but not in the same county.
(c) The sponsors may not hold a public hearing described in this section until the later
of:
(i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
estimate under Subsection 
20A-7-202.5
(3)(b); or
(ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
impact statement under Section 
20A-7-202.5
, the day after the day on which the action is final.
(2) The sponsors shall:
(a) before 5 p.m. at least three calendar days before the date of the public hearing,
provide written notice of the public hearing to:
(i) the lieutenant governor for posting on the state's website; and
(ii) each state senator, state representative, and county commission or county council
member who is elected in whole or in part from the region where the public hearing will be
held; and
(b) publish written notice of the public hearing, including the time, date, and location
of the public hearing, in each county in the region where the public hearing will be held:
(i) (A) at least three calendar days before the day of the public hearing, in a newspaper
of general circulation in the county;
(B) if there is no newspaper of general circulation in the county, at least three calendar
days before the day of the public hearing, by posting one copy of the notice, and at least one
additional copy of the notice per 2,000 population of the county, in places within the county
that are most likely to give notice to the residents of the county; or
(C) at least seven days before the day of the public hearing, by mailing notice to each
residence in the county;
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least three calendar days before the day of the public hearing;
(iii) in accordance with Section 
45-1-101
, for at least three calendar days before the
day of the public hearing; and
(iv) on the county's website for at least three calendar days before the day of the public
hearing.
(3) If the initiative petition proposes a tax increase, the written notice described in
Subsection (2) shall include the following statement, in bold, in the same font and point size as
the largest font and point size appearing in the notice:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
(4) (a) During the public hearing, the sponsors shall either:
(i) video tape or audio tape the public hearing and, when the hearing is complete,
deposit the complete audio or video tape of the meeting with the lieutenant governor; or
(ii) take comprehensive minutes of the public hearing, detailing the names and titles of
each speaker and summarizing each speaker's comments.
(b) The lieutenant governor shall make copies of the tapes or minutes available to the
public.
(c) For each public hearing, the sponsors shall:
(i) during the entire time that the public hearing is held, post a copy of the initial fiscal
impact statement in a conspicuous location at the entrance to the room where the sponsors hold
the public hearing; and
(ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
public hearing attendees, in a conspicuous location at the entrance to the room where the
sponsors hold the public hearing.
(5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
seventh public hearing described in Subsection (1)(a), and before circulating an initiative
petition for signatures, the sponsors of the initiative petition may change the text of the
proposed law if:
(i) a change to the text is:
(A) germane to the text of the proposed law filed with the lieutenant governor under
Section 
20A-7-202
; and
(B) consistent with the requirements of Subsection 
20A-7-202
(5); and
(ii) each sponsor signs, attested to by a notary public, an application addendum to
change the text of the proposed law.
(b) (i) Within three working days after the day on which the lieutenant governor
receives an application addendum to change the text of the proposed law in an initiative
petition, the lieutenant governor shall submit a copy of the application addendum to the Office
of the Legislative Fiscal Analyst.
(ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
estimate by following the procedures and requirements of Section 
20A-7-202.5
 to reflect a
change to the text of the proposed law.
Section 96. Section 
20A-7-401.5
 is amended to read:
20A-7-401.5.
Proposition information pamphlet.
(1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
circulate an initiative petition under Section 
20A-7-502
 or an application to circulate a
referendum petition under Section 
20A-7-602
:
(A) the sponsors of the proposed initiative or referendum may submit a written
argument in favor of the proposed initiative or referendum to the election officer of the county
or municipality to which the petition relates; and
(B) the county or municipality to which the application relates may submit a written
argument in favor of, or against, the proposed initiative or referendum to the county's or
municipality's election officer.
(ii) If a county or municipality submits more than one written argument under
Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
preference to a written argument submitted by a member of a local legislative body if a
majority of the local legislative body supports the written argument.
(b) Within one business day after the day on which an election officer receives an
argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
applicable.
(c) Within one business day after the date on which an election officer receives an
argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
argument to the first three sponsors of the proposed initiative or referendum described in
Subsection (1)(a)(i)(A).
(d) The sponsors of the proposed initiative or referendum may submit a revised version
of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
county or municipality to which the petition relates within 20 days after the day on which the
eligible voter files an application to circulate an initiative petition under Section 
20A-7-502
 or
an application to circulate a referendum petition under Section 
20A-7-602
.
(e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
a county or municipality may submit a revised version of the written argument to the county's
or municipality's election officer within 20 days after the day on which the eligible voter files
an application to circulate an initiative petition under Section 
20A-7-502
 or an application to
circulate a referendum petition under Section 
20A-7-602
.
(2) (a) A written argument described in Subsection (1) may not exceed 500 words.
(b) Except as provided in Subsection (2)(c), a person may not modify a written
argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
election officer.
(c) The election officer and the person that submits the written argument described in
Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
(i) correct factual, grammatical, or spelling errors; or
(ii) reduce the number of words to come into compliance with Subsection (2)(a).
(d) An election officer shall refuse to include a written argument in the proposition
information pamphlet described in this section if the person who submits the argument:
(i) fails to negotiate, in good faith, to modify the argument in accordance with
Subsection (2)(c); or
(ii) does not timely submit the written argument to the election officer.
(e) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (2)(c) in an expedited manner.
(3) An election officer who receives a written argument described in Subsection (1)
shall prepare a proposition information pamphlet for publication that includes:
(a) a copy of the application for the proposed initiative or referendum;
(b) except as provided in Subsection (2)(d), immediately after the copy described in
Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
referendum, if any;
(c) except as provided in Subsection (2)(d), immediately after the argument described
in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
(d) a copy of the initial fiscal impact statement and legal impact statement described in
Section 
20A-7-502.5
 or 
20A-7-602.5
.
(4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
Chapter 2, Government Records Access and Management Act, until the earlier of when the
election officer:
(i) complies with Subsection (4)(b); or
(ii) publishes the proposition information pamphlet under Subsection (5) or (6).
(b) Within 21 days after the day on which the eligible voter files an application to
circulate an initiative petition under Section 
20A-7-502
, or an application to circulate a
referendum petition under Section 
20A-7-602
, the election officer shall provide a copy of the
proposition information pamphlet to the sponsors of the initiative or referendum and each
individual who submitted an argument included in the proposition information pamphlet.
(5) An election officer for a municipality shall publish the proposition information
pamphlet as follows:
(a) within the later of 10 days after the day on which the municipality or a court
determines that the proposed initiative or referendum is legally referable to voters, or, if the
election officer modifies an argument under Subsection (2)(c), three days after the day on
which the election officer and the person that submitted the argument agree on the
modification:
(i) by sending the proposition information pamphlet electronically to each individual in
the municipality for whom the municipality has an email address, unless the individual has
indicated that the municipality is prohibited from using the individual's email address for that
purpose; and
(ii) by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section [
63F-1-701
] 
63A-12-201
, and the home page of the municipality's
website, if the municipality has a website, until:
(A) if the sponsors of the proposed initiative or referendum do not timely deliver any
verified initiative packets under Section 
20A-7-506
 or any verified referendum packets under
Section 
20A-7-606
, the day after the date of the deadline for delivery of the verified initiative
packets or verified referendum packets;
(B) the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the
number of signatures necessary to qualify the proposed initiative or referendum for placement
on the ballot is insufficient and the determination is not timely appealed or is upheld after
appeal; or
(C) the day after the date of the election at which the proposed initiative or referendum
appears on the ballot; and
(b) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including an Internet address, where a resident may view the
proposition information pamphlet, in the next mailing, for which the municipality has not
begun preparation, that falls on or after the later of:
(i) 10 days after the day on which the municipality or a court determines that the
proposed initiative or referendum is legally referable to voters; or
(ii) if the election officer modifies an argument under Subsection (2)(c), three days
after the day on which the election officer and the person that submitted the argument agree on
the modification.
(6) An election officer for a county shall, within the later of 10 days after the day on
which the county or a court determines that the proposed initiative or referendum is legally
referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
three days after the day on which the election officer and the person that submitted the
argument agree on the modification, publish the proposition information pamphlet as follows:
(a) by sending the proposition information pamphlet electronically to each individual
in the county for whom the county has an email address obtained via voter registration; and
(b) by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section [
63F-1-701
] 
63A-12-201
, and the home page of the county's
website, until:
(i) if the sponsors of the proposed initiative or referendum do not timely deliver any
verified initiative packets under Section 
20A-7-506
 or any verified referendum packets under
Section 
20A-7-606
, the day after the date of the deadline for delivery of the verified initiative
packets or verified referendum packets;
(ii) the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the number
of signatures necessary to qualify the proposed initiative or referendum for placement on the
ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
(iii) the day after the date of the election at which the proposed initiative or referendum
appears on the ballot.
Section 97. Section 
20A-7-402
 is amended to read:
20A-7-402.
Local voter information pamphlet -- Contents -- Limitations --
Preparation -- Statement on front cover.
(1) The county or municipality that is subject to a ballot proposition shall prepare a
local voter information pamphlet that complies with the requirements of this part.
(2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
that is subject to a special local ballot proposition shall provide a notice that complies with the
requirements of Subsection (2)(c)(ii) to the municipality's residents by:
(i) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including the notice with a newsletter, utility bill, or other material;
(ii) posting the notice, until after the deadline described in Subsection (2)(d) has
passed, on:
(A) the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
; and
(B) the home page of the municipality's website, if the municipality has a website; and
(iii) sending the notice electronically to each individual in the municipality for whom
the municipality has an email address.
(b) A county that is subject to a special local ballot proposition shall:
(i) send an electronic notice that complies with the requirements of Subsection
(2)(c)(ii) to each individual in the county for whom the county has an email address; or
(ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
complies with the requirements of Subsection (2)(c)(ii) on:
(A) the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
; and
(B) the home page of the county's website.
(c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
or (b) shall:
(i) mail, send, or post the notice:
(A) not less than 90 days before the date of the election at which a special local ballot
proposition will be voted upon; or
(B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
after the special local ballot proposition is approved to be voted upon in an election; and
(ii) ensure that the notice contains:
(A) the ballot title for the special local ballot proposition;
(B) instructions on how to file a request under Subsection (2)(d); and
(C) the deadline described in Subsection (2)(d).
(d) To prepare a written argument for or against a special local ballot proposition, an
eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days
before the day of the election at which the special local ballot proposition is to be voted on.
(e) If more than one eligible voter requests the opportunity to prepare a written
argument for or against a special local ballot proposition, the election officer shall make the
final designation in accordance with the following order of priority:
(i) sponsors have priority in preparing an argument regarding a special local ballot
proposition; and
(ii) members of the local legislative body have priority over others if a majority of the
local legislative body supports the written argument.
(f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
later than 60 days before the day of the election at which the ballot proposition is to be voted
on.
(g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
favor of the special local ballot proposition.
(ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
proposition who submits a request under Subsection (2)(d) may prepare a written argument
against the special local ballot proposition.
(h) An eligible voter who submits a written argument under this section in relation to a
special local ballot proposition shall:
(i) ensure that the written argument does not exceed 500 words in length, not counting
the information described in Subsection (2)(h)(ii) or (iv);
(ii) list, at the end of the argument, at least one, but no more than five, names as
sponsors;
(iii) submit the written argument to the election officer before 5 p.m. no later than 55
days before the election day on which the ballot proposition will be submitted to the voters;
(iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
residential address; and
(v) submit with the written argument the eligible voter's name, residential address,
postal address, email address if available, and phone number.
(i) An election officer shall refuse to accept and publish an argument submitted after
the deadline described in Subsection (2)(h)(iii).
(3) (a) An election officer who timely receives the written arguments in favor of and
against a special local ballot proposition shall, within one business day after the day on which
the election office receives both written arguments, send, via mail or email:
(i) a copy of the written argument in favor of the special local ballot proposition to the
eligible voter who submitted the written argument against the special local ballot proposition;
and
(ii) a copy of the written argument against the special local ballot proposition to the
eligible voter who submitted the written argument in favor of the special local ballot
proposition.
(b) The eligible voter who submitted a timely written argument in favor of the special
local ballot proposition:
(i) may submit to the election officer a written rebuttal argument of the written
argument against the special local ballot proposition;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
not counting the information described in Subsection (2)(h)(ii) or (iv); and
(iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
before the election day on which the special local ballot proposition will be submitted to the
voters.
(c) The eligible voter who submitted a timely written argument against the special local
ballot proposition:
(i) may submit to the election officer a written rebuttal argument of the written
argument in favor of the special local ballot proposition;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
not counting the information described in Subsection (2)(h)(ii) or (iv); and
(iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
before the election day on which the special local ballot proposition will be submitted to the
voters.
(d) An election officer shall refuse to accept and publish a written rebuttal argument in
relation to a special local ballot proposition that is submitted after the deadline described in
Subsection (3)(b)(iii) or (3)(c)(iii).
(4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
proposition:
(i) an eligible voter may not modify a written argument or a written rebuttal argument
after the eligible voter submits the written argument or written rebuttal argument to the election
officer; and
(ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
modify a written argument or a written rebuttal argument.
(b) The election officer, and the eligible voter who submits a written argument or
written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
modify a written argument or written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; and
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish a written argument or written
rebuttal argument in relation to a special local ballot proposition if the eligible voter who
submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
(5) In relation to a special local ballot proposition, an election officer may designate
another eligible voter to take the place of an eligible voter described in this section if the
original eligible voter is, due to injury, illness, death, or another circumstance, unable to
continue to fulfill the duties of an eligible voter described in this section.
(6) Sponsors whose written argument in favor of a standard local ballot proposition is
included in a proposition information pamphlet under Section 
20A-7-401.5
:
(a) may, if a written argument against the standard local ballot proposition is included
in the proposition information pamphlet, submit a written rebuttal argument to the election
officer;
(b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(c) shall submit the written rebuttal argument no later than 45 days before the election
day on which the standard local ballot proposition will be submitted to the voters.
(7) (a) A county or municipality that submitted a written argument against a standard
local ballot proposition that is included in a proposition information pamphlet under Section
20A-7-401.5
:
(i) may, if a written argument in favor of the standard local ballot proposition is
included in the proposition information pamphlet, submit a written rebuttal argument to the
election officer;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(iii) shall submit the written rebuttal argument no later than 45 days before the election
day on which the ballot proposition will be submitted to the voters.
(b) If a county or municipality submits more than one written rebuttal argument under
Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
giving preference to a written rebuttal argument submitted by a member of a local legislative
body.
(8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
(b) Before an election officer publishes a local voter information pamphlet under this
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
Records Access and Management Act.
(c) An election officer who receives a written rebuttal argument described in this
section may not, before publishing the local voter information pamphlet described in this
section, disclose the written rebuttal argument, or any information contained in the written
rebuttal argument, to any person who may in any way be involved in preparing an opposing
rebuttal argument.
(9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
rebuttal argument after the written rebuttal argument is submitted to the election officer.
(b) The election officer, and the person who submits a written rebuttal argument, may
jointly agree to modify a written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; or
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish a written rebuttal argument if
the person who submits the written rebuttal argument:
(i) fails to negotiate, in good faith, to modify the written rebuttal argument in
accordance with Subsection (9)(b); or
(ii) does not timely submit the written rebuttal argument to the election officer.
(d) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (9)(b) in an expedited manner.
(10) An election officer may designate another person to take the place of a person who
submits a written rebuttal argument in relation to a standard local ballot proposition if the
person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
person's duties.
(11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
impact estimate and the legal impact statement prepared for each initiative under Section
20A-7-502.5
.
(b) If the initiative proposes a tax increase, the local voter information pamphlet shall
include the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(12) (a) In preparing the local voter information pamphlet, the election officer shall:
(i) ensure that the written arguments are printed on the same sheet of paper upon which
the ballot proposition is also printed;
(ii) ensure that the following statement is printed on the front cover or the heading of
the first page of the printed written arguments:
"The arguments for or against a ballot proposition are the opinions of the authors.";
(iii) pay for the printing and binding of the local voter information pamphlet; and
(iv) not less than 15 days before, but not more than 45 days before, the election at
which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
voter entitled to vote on the ballot proposition:
(A) a voter information pamphlet; or
(B) the notice described in Subsection (12)(c).
(b) (i) If the language of the ballot proposition exceeds 500 words in length, the
election officer may summarize the ballot proposition in 500 words or less.
(ii) The summary shall state where a complete copy of the ballot proposition is
available for public review.
(c) (i) The election officer may distribute a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(ii) The notice described in Subsection (12)(c)(i) shall include:
(A) the address of the Statewide Electronic Voter Information Website authorized by
Section 
20A-7-801
; and
(B) the phone number a voter may call to request delivery of a voter information
pamphlet by mail or carrier.
Section 98. Section 
20A-9-203
 is amended to read:
20A-9-203.
Declarations of candidacy -- Municipal general elections.
(1) An individual may become a candidate for any municipal office if:
(a) the individual is a registered voter; and
(b) (i) the individual has resided within the municipality in which the individual seeks
to hold elective office for the 12 consecutive months immediately before the date of the
election; or
(ii) the territory in which the individual resides was annexed into the municipality, the
individual has resided within the annexed territory or the municipality the 12 consecutive
months immediately before the date of the election.
(2) (a) For purposes of determining whether an individual meets the residency
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
before the election, the municipality is considered to have been incorporated 12 months before
the date of the election.
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
council position shall, if elected from a district, be a resident of the council district from which
the candidate is elected.
(c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
individual, an individual convicted of a felony, or an individual convicted of treason or a crime
against the elective franchise may not hold office in this state until the right to hold elective
office is restored under Section 
20A-2-101.3
 or 
20A-2-101.5
.
(3) (a) An individual seeking to become a candidate for a municipal office shall,
regardless of the nomination method by which the individual is seeking to become a candidate:
(i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
Alternate Voting Methods Pilot Project, and subject to Subsection 
20A-9-404
(3)(e), file a
declaration of candidacy, in person with the city recorder or town clerk, during the office hours
described in Section 
10-3-301
 and not later than the close of those office hours, between June 1
and June 7 of any odd-numbered year; and
(ii) pay the filing fee, if one is required by municipal ordinance.
(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
declaration of candidacy with the city recorder or town clerk if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the city recorder or town clerk;
(iii) the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and city recorder or town clerk to see and hear each
other; and
(iv) the individual provides the city recorder or town clerk with an email address to
which the city recorder or town clerk may send the individual the copies described in
Subsection (4).
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
(i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
the office hours described in Section 
10-3-301
 and not later than the close of those office
hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
of the nomination petition of the lesser of at least:
(A) 25 registered voters who reside in the municipality; or
(B) 20% of the registered voters who reside in the municipality; and
(ii) paying the filing fee, if one is required by municipal ordinance.
(4) (a) Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i) read to the prospective candidate or individual filing the petition the constitutional
and statutory qualification requirements for the office that the candidate is seeking;
(ii) require the candidate or individual filing the petition to state whether the candidate
meets the requirements described in Subsection (4)(a)(i); and
(iii) inform the candidate or the individual filing the petition that an individual who
holds a municipal elected office may not, at the same time, hold a county elected office.
(b) If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall:
(i) inform the candidate that the candidate's name will appear on the ballot as it is
written on the declaration of candidacy;
(ii) provide the candidate with a copy of the current campaign financial disclosure laws
for the office the candidate is seeking and inform the candidate that failure to comply will
result in disqualification as a candidate and removal of the candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer; and
(v) accept the declaration of candidacy or nomination petition.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
(5) (a) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
the legal qualifications required of candidates for this office. If filing via a designated agent, I
attest that I will be out of the state of Utah during the entire candidate filing period. I will file
all campaign financial disclosure reports as required by law and I understand that failure to do
so will result in my disqualification as a candidate for this office and removal of my name from
the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
_______________
Subscribed and sworn to (or affirmed) before me by ____ on this
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)".
(b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
not sign the form described in Subsection (5)(a).
(c) (i) A nomination petition shall be in substantially the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality), being registered voters, nominate
(name of nominee) for the office of (name of office) for the (length of term of office)."
(ii) The remainder of the petition shall contain lines and columns for the signatures of
individuals signing the petition and each individual's address and phone number.
(6) If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
for the four-year term.
(7) (a) The clerk shall verify with the county clerk that all candidates are registered
voters.
(b) Any candidate who is not registered to vote is disqualified and the clerk may not
print the candidate's name on the ballot.
(8) Immediately after expiration of the period for filing a declaration of candidacy, the
clerk shall:
(a) publish a list of the names of the candidates as they will appear on the ballot:
(i) (A) in at least two successive publications of a newspaper of general circulation in
the municipality;
(B) if there is no newspaper of general circulation in the municipality, by posting one
copy of the list, and at least one additional copy of the list per 2,000 population of the
municipality, in places within the municipality that are most likely to give notice to the voters
in the municipality; or
(C) by mailing notice to each registered voter in the municipality;
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
seven days;
(iii) in accordance with Section 
45-1-101
, for seven days; and
(iv) if the municipality has a website, on the municipality's website for seven days; and
(b) notify the lieutenant governor of the names of the candidates as they will appear on
the ballot.
(9) Except as provided in Subsection (10)(c), an individual may not amend a
declaration of candidacy or nomination petition filed under this section after the candidate
filing period ends.
(10) (a) A declaration of candidacy or nomination petition that an individual files under
this section is valid unless a person files a written objection with the clerk before 5 p.m. within
five days after the last day for filing.
(b) If a person files an objection, the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after the objection is filed.
(c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
days after the day on which the clerk sustains the objection, correct the problem for which the
objection is sustained by amending the candidate's declaration of candidacy or nomination
petition, or by filing a new declaration of candidacy.
(d) (i) The clerk's decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of its discretion, agrees to review the lower court decision.
(11) A candidate who qualifies for the ballot under this section may withdraw as a
candidate by filing a written affidavit with the municipal clerk.
Section 99. Section 
26-61a-303
 is amended to read:
26-61a-303.
Renewal.
(1) The department shall renew a license under this part every year if, at the time of
renewal:
(a) the licensee meets the requirements of Section 
26-61a-301
;
(b) the licensee pays the department a license renewal fee in an amount that, subject to
Subsection 
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
; and
(c) if the medical cannabis pharmacy changes the operating plan described in Section
26-61a-304
 that the department approved under Subsection 
26-61a-301
(2)(b)(iv), the
department approves the new operating plan.
(2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
pharmacy's license, the department shall publish notice of an available license:
(i) in a newspaper of general circulation for the geographic area in which the medical
cannabis pharmacy license is available; or
(ii) on the Utah Public Notice Website established in Section [
63F-1-701
] 
63A-12-201
.
(b) The department may establish criteria, in collaboration with the Division of
Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.
Section 100. Section 
32B-8a-302
 is amended to read:
32B-8a-302.
Application -- Approval process.
(1) To obtain the transfer of an alcohol license from an alcohol licensee, the transferee
shall file a transfer application with the department that includes:
(a) an application in the form provided by the department;
(b) a statement as to whether the consideration, if any, to be paid to the transferor
includes payment for transfer of the alcohol license;
(c) a statement executed under penalty of perjury that the consideration as set forth in
the escrow agreement required by Section 
32B-8a-401
 is deposited with the escrow holder; and
(d) (i) an application fee of $300; and
(ii) a transfer fee determined in accordance with Section 
32B-8a-303
.
(2) If the intended transfer of an alcohol license involves consideration, at least 10 days
before the commission may approve the transfer, the department shall post a notice of the
intended transfer on the 
Utah
 Public Notice Website created in Section [
63F-1-701
]
63A-12-201
 that states the following:
(a) the name of the transferor;
(b) the name and address of the business currently associated with the alcohol license;
(c) instructions for filing a claim with the escrow holder; and
(d) the projected date that the commission may consider the transfer application.
(3) (a) (i) Before the commission may approve the transfer of an alcohol license, the
department shall conduct an investigation and may hold public hearings to gather information
and make recommendations to the commission as to whether the transfer of the alcohol license
should be approved.
(ii) The department shall forward the information and recommendations described in
this Subsection (3)(a) to the commission to aid in the commission's determination.
(b) Before approving a transfer, the commission shall:
(i) determine that the transferee filed a complete application;
(ii) determine that the transferee is eligible to hold the type of alcohol license that is to
be transferred at the premises to which the alcohol license would be transferred;
(iii) determine that the transferee is not delinquent in the payment of an amount
described in Subsection 
32B-8a-201
(3);
(iv) determine that the transferee is not disqualified under Section 
32B-1-304
;
(v) consider the locality within which the proposed licensed premises is located,
including:
(A) the factors listed in Section 
32B-5-203
 for the issuance of a retail license;
(B) the factors listed in Section 
32B-7-404
 for the issuance of an off-premise beer
retailer state license;
(C) the factors listed in Section 
32B-11-206
 for the issuance of a manufacturing
license; and
(D) the factors listed in Section 
32B-10-204
 for the issuance of a special use permit
that is an industrial and manufacturing use permit;
(vi) consider the transferee's ability to manage and operate the retail license to be
transferred, including:
(A) the factors listed in Section 
32B-5-203
 for the issuance of a retail license;
(B) the factors listed in Section 
32B-7-404
 for the issuance of an off-premise beer
retailer state license;
(C) the factors listed in Section 
32B-11-206
 for the issuance of a manufacturing
license; and
(D) the factors listed in Section 
32B-10-204
 for the issuance of a special use permit
that is an industrial and manufacturing use permit;
(vii) consider the nature or type of alcohol licensee operation of the transferee,
including:
(A) the factors listed in Section 
32B-5-203
 for the issuance of a retail license;
(B) the factors listed in Section 
32B-7-404
 for the issuance of an off-premise beer
retailer state license;
(C) the factors listed in Section 
32B-11-206
 for the issuance of a manufacturing
license; and
(D) the factors listed in Section 
32B-10-204
 for the issuance of a special use permit
that is an industrial and manufacturing use permit;
(viii) if the transfer involves consideration, determine that the transferee and transferor
have complied with Part 4, Protection of Creditors; and
(ix) consider any other factor the commission considers necessary.
(4) Except as otherwise provided in Section 
32B-1-202
, the commission may not
approve the transfer of an alcohol license to premises that do not meet the proximity
requirements of Subsection 
32B-1-202
(2), Section 
32B-7-201
, or Section 
32B-11-210
, as
applicable.
Section 101. Section 
45-1-101
 is amended to read:
45-1-101.
Legal notice publication requirements.
(1) As used in this section:
(a) "Average advertisement rate" means:
(i) in determining a rate for publication on the public legal notice website or in a
newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth
class, a newspaper's gross advertising revenue for the preceding calendar quarter divided by the
gross column-inch space used in the newspaper for advertising for the previous calendar
quarter; or
(ii) in determining a rate for publication in a newspaper that primarily distributes
publications in a county of the first or second class, a newspaper's average rate for all
qualifying advertising segments for the preceding calendar quarter for an advertisement:
(A) published in the same section of the newspaper as the legal notice; and
(B) of the same column-inch space as the legal notice.
(b) "Column-inch space" means a unit of space that is one standard column wide by
one inch high.
(c) "Gross advertising revenue" means the total revenue obtained by a newspaper from
all of its qualifying advertising segments.
(d) (i) "Legal notice" means:
(A) a communication required to be made public by a state statute or state agency rule;
or
(B) a notice required for judicial proceedings or by judicial decision.
(ii) "Legal notice" does not include:
(A) a public notice published by a public body in accordance with the provisions of
Sections 
52-4-202
 and [
63F-1-701
] 
63A-12-201
; or
(B) a notice of delinquency in the payment of property taxes described in Section
59-2-1332.5
.
(e) "Local district" is as defined in Section 
17B-1-102
.
(f) "Public legal notice website" means the website described in Subsection (2)(b) for
the purpose of publishing a legal notice online.
(g) (i) "Qualifying advertising segment" means, except as provided in Subsection
(1)(g)(ii), a category of print advertising sold by a newspaper, including classified advertising,
line advertising, and display advertising.
(ii) "Qualifying advertising segment" does not include legal notice advertising.
(h) "Special service district" is as defined in Section 
17D-1-102
.
(2) Except as provided in Subsections (8) and (9), notwithstanding any other legal
notice provision established by law, a person required by law to publish legal notice shall
publish the notice:
(a) (i) as required by the statute establishing the legal notice requirement; or
(ii) by serving legal notice, by certified mail or in person, directly on all parties for
whom the statute establishing the legal notice requirement requires legal notice, if:
(A) the direct service of legal notice does not replace publication in a newspaper that
primarily distributes publications in a county of the third, fourth, fifth, or sixth class;
(B) the statute clearly identifies the parties;
(C) the person can prove that the person has identified all parties for whom notice is
required; and
(D) the person keeps a record of the service for at least two years; and 
(b) on a public legal notice website established by the combined efforts of Utah's
newspapers that collectively distribute newspapers to the majority of newspaper subscribers in
the state.
(3) The public legal notice website shall:
(a) be available for viewing and searching by the general public, free of charge; and
(b) accept legal notice posting from any newspaper in the state.
(4) A person that publishes legal notice as required under Subsection (2) is not relieved
from complying with an otherwise applicable requirement under Title 52, Chapter 4, Open and
Public Meetings Act.
(5) If legal notice is required by law and one option for complying with the
requirement is publication in a newspaper, or if a local district or a special service district
publishes legal notice in a newspaper, the newspaper:
(a) may not charge more for publication than the newspaper's average advertisement
rate; and
(b) shall publish the legal notice on the public legal notice website at no additional
cost.
(6) If legal notice is not required by law, if legal notice is required by law and the
person providing legal notice, in accordance with the requirements of law , chooses not to
publish the legal notice in a newspaper, or if a local district or a special service district with an
annual operating budget of less than $250,000 chooses to publish a legal notice on the public
notice website without publishing the complete notice in the newspaper, a newspaper:
(a) may not charge more than an amount equal to 15% of the newspaper's average
advertisement rate for publishing five column lines in the newspaper to publish legal notice on
the public legal notice website;
(b) may not require that the legal notice be published in the newspaper; and
(c) at the request of the person publishing on the legal notice website, shall publish in
the newspaper up to five column lines, at no additional charge, that briefly describe the legal
notice and provide the web address where the full public legal notice can be found.
(7) If a newspaper offers to publish the type of legal notice described in Subsection (5),
it may not refuse to publish the type of legal notice described in Subsection (6).
(8) Notwithstanding the requirements of a statute that requires the publication of legal
notice, if legal notice is required by law to be published by a local district or a special service
district with an annual operating budget of $250,000 or more, the local district or special
service district shall satisfy its legal notice publishing requirements by:
(a) mailing a written notice, postage prepaid:
(i) to each voter in the local district or special service district; and
(ii) that contains the information required by the statute that requires the publication of
legal notice; or
(b) publishing the legal notice in a newspaper and on the legal public notice website as
described in Subsection (5).
(9) Notwithstanding the requirements of a statute that requires the publication of legal
notice, if legal notice is required by law to be published by a local district or a special service
district with an annual operating budget of less than $250,000, the local district or special
service district shall satisfy its legal notice publishing requirements by:
(a) mailing a written notice, postage prepaid:
(i) to each voter in the local district or special service district; and
(ii) that contains the information required by the statute that requires the publication of
legal notice; or
(b) publishing the legal notice in a newspaper and on the public legal notice website as
described in Subsection (5); or
(c) publishing the legal notice on the public legal notice website as described in
Subsection (6).
Section 102. Section 
49-11-1102
 is amended to read:
49-11-1102.
Public notice of administrative board meetings -- Posting on Utah
Public Notice Website.
(1) The office shall provide advance public notice of meetings and agendas on the Utah
Public Notice Website established in Section [
63F-1-701
] 
63A-12-201
 for administrative board
meetings.
(2) The office may post other public materials, as directed by the board, on the Utah
Public Notice Website.
Section 103. Section 
52-4-202
 is amended to read:
52-4-202.
Public notice of meetings -- Emergency meetings.
(1) (a) (i) A public body shall give not less than 24 hours' public notice of each
meeting.
(ii) A specified body shall give not less than 24 hours' public notice of each meeting
that the specified body holds on the capitol hill complex.
(b) The public notice required under Subsection (1)(a) shall include the meeting:
(i) agenda;
(ii) date;
(iii) time; and
(iv) place.
(2) (a) In addition to the requirements under Subsection (1), a public body which holds
regular meetings that are scheduled in advance over the course of a year shall give public
notice at least once each year of its annual meeting schedule as provided in this section.
(b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
the scheduled meetings.
(3) (a) A public body or specified body satisfies a requirement for public notice by:
(i) posting written notice:
(A) except for an electronic meeting held without an anchor location under Subsection
52-4-207
(4), at the principal office of the public body or specified body, or if no principal
office exists, at the building where the meeting is to be held; and
(B) on the Utah Public Notice Website created under Section [
63F-1-701
] 
63A-12-201
;
and
(ii) providing notice to:
(A) at least one newspaper of general circulation within the geographic jurisdiction of
the public body; or
(B) a local media correspondent.
(b) A public body or specified body is in compliance with the provisions of Subsection
(3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
of Subsection [
63F-1-701
] 
63A-12-201
(4)(d).
(c) A public body whose limited resources make compliance with Subsection
(3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
Section 
63A-12-101
, to provide technical assistance to help the public body in its effort to
comply.
(4) A public body and a specified body are encouraged to develop and use additional
electronic means to provide notice of their meetings under Subsection (3).
(5) (a) The notice requirement of Subsection (1) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a public body or specified
body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the public body or specified body gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a public body may not be held unless:
(i) an attempt has been made to notify all the members of the public body; and
(ii) a majority of the members of the public body approve the meeting.
(6) (a) A public notice that is required to include an agenda under Subsection (1) shall
provide reasonable specificity to notify the public as to the topics to be considered at the
meeting. Each topic shall be listed under an agenda item on the meeting agenda.
(b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
member of the public body, a topic raised by the public may be discussed during an open
meeting, even if the topic raised by the public was not included in the agenda or advance public
notice for the meeting.
(c) Except as provided in Subsection (5), relating to emergency meetings, a public
body may not take final action on a topic in an open meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (6)(a); and
(ii) included with the advance public notice required by this section.
(7) Except as provided in this section, this chapter does not apply to a specified body.
Section 104. Section 
52-4-203
 is amended to read:
52-4-203.
Written minutes of open meetings -- Public records -- Recording of
meetings.
(1) Except as provided under Subsection (7), written minutes and a recording shall be
kept of all open meetings.
(2) (a) Written minutes of an open meeting shall include:
(i) the date, time, and place of the meeting;
(ii) the names of members present and absent;
(iii) the substance of all matters proposed, discussed, or decided by the public body
which may include a summary of comments made by members of the public body;
(iv) a record, by individual member, of each vote taken by the public body;
(v) the name of each person who:
(A) is not a member of the public body; and
(B) after being recognized by the presiding member of the public body, provided
testimony or comments to the public body;
(vi) the substance, in brief, of the testimony or comments provided by the public under
Subsection (2)(a)(v); and
(vii) any other information that is a record of the proceedings of the meeting that any
member requests be entered in the minutes or recording.
(b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
minutes include the substance of matters proposed, discussed, or decided or the substance of
testimony or comments by maintaining a publicly available online version of the minutes that
provides a link to the meeting recording at the place in the recording where the matter is
proposed, discussed, or decided or the testimony or comments provided.
(3) A recording of an open meeting shall:
(a) be a complete and unedited record of all open portions of the meeting from the
commencement of the meeting through adjournment of the meeting; and
(b) be properly labeled or identified with the date, time, and place of the meeting.
(4) (a) As used in this Subsection (4):
(i) "Approved minutes" means written minutes:
(A) of an open meeting; and
(B) that have been approved by the public body that held the open meeting.
(ii) "Electronic information" means information presented or provided in an electronic
format.
(iii) "Pending minutes" means written minutes:
(A) of an open meeting; and
(B) that have been prepared in draft form and are subject to change before being
approved by the public body that held the open meeting.
(iv) "Specified local public body" means a legislative body of a county, city, town, or
metro township.
(v) "State public body" means a public body that is an administrative, advisory,
executive, or legislative body of the state.
(vi) "State website" means the Utah Public Notice Website created under Section
[
63F-1-701
] 
63A-12-201
.
(b) Pending minutes, approved minutes, and a recording of a public meeting are public
records under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) Pending minutes shall contain a clear indication that the public body has not yet
approved the minutes or that the minutes are subject to change until the public body approves
them.
(d) A state public body and a specified local public body shall require an individual
who, at an open meeting of the public body, publicly presents or provides electronic
information, relating to an item on the public body's meeting agenda, to provide the public
body, at the time of the meeting, an electronic or hard copy of the electronic information for
inclusion in the public record.
(e) A state public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting:
(A) post to the state website a copy of the approved minutes and any public materials
distributed at the meeting;
(B) make the approved minutes and public materials available to the public at the
public body's primary office; and
(C) if the public body provides online minutes under Subsection (2)(b), post approved
minutes that comply with Subsection (2)(b) and the public materials on the public body's
website; and
(iii) within three business days after holding an open meeting, post on the state website
an audio recording of the open meeting, or a link to the recording.
(f) A specified local public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting, post
and make available a copy of the approved minutes and any public materials distributed at the
meeting, as provided in Subsection (4)(e)(ii); and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(g) A public body that is not a state public body or a specified local public body shall:
(i) make pending minutes available to the public within a reasonable time after holding
the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes, make the approved
minutes available to the public; and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(h) A public body shall establish and implement procedures for the public body's
approval of the written minutes of each meeting.
(i) Approved minutes of an open meeting are the official record of the meeting.
(5) All or any part of an open meeting may be independently recorded by any person in
attendance if the recording does not interfere with the conduct of the meeting.
(6) The written minutes or recording of an open meeting that are required to be
retained permanently shall be maintained in or converted to a format that meets long-term
records storage requirements.
(7) Notwithstanding Subsection (1), a recording is not required to be kept of:
(a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
by the public body; or
(b) an open meeting of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
Special Service District Act, if the district's annual budgeted expenditures for all funds,
excluding capital expenditures and debt service, are $50,000 or less.
Section 105. Section 
53-13-114
 is amended to read:
53-13-114.
Off-duty peace officer working as a security officer.
A peace officer may engage in off-duty employment as a security officer under Section
58-63-304
 only if:
(1) the law enforcement agency employing the peace officer:
(a) has a written policy regarding peace officer employees working while off-duty as
security officers; and
(b) the policy under Subsection (1)(a) is:
(i) posted and publicly available on the appropriate city, county, or state website; or
(ii) posted on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
 if the law enforcement agency does not have access to a website under Subsection
(1)(b)(i).
(2) the agency's chief administrative officer, or that officer's designee, provides written
authorization for an off-duty peace officer to work as a security officer; and
(3) the business or entity employing the off-duty peace officer to work as a security
officer complies with state and federal income reporting and withholding requirements
regarding the off-duty officer's wages.
Section 106. Section 
53B-7-101.5
 is amended to read:
53B-7-101.5.
Proposed tuition increases -- Notice -- Hearings.
(1) If an institution within the State System of Higher Education listed in Section
53B-1-102
 considers increasing tuition rates for undergraduate students in the process of
preparing or implementing its budget, it shall hold a meeting to receive public input and
response on the issue.
(2) The institution shall advertise the hearing required under Subsection (1) using the
following procedure:
(a) The institution shall advertise its intent to consider an increase in student tuition
rates:
(i) in the institution's student newspaper twice during a period of 10 days prior to the
meeting; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
10 days immediately before the meeting.
(b) The advertisement shall state that the institution will meet on a certain day, time,
and place fixed in the advertisement, which shall not be less than seven days after the day the
second advertisement is published, for the purpose of hearing comments regarding the
proposed increase and to explain the reasons for the proposed increase.
(3) The form and content of the notice shall be substantially as follows:
"NOTICE OF PROPOSED TUITION INCREASE
The (name of the higher education institution) is proposing to increase student tuition
rates. This would be an increase of ______ %, which is an increase of $______ per semester
for a full-time resident undergraduate student. All concerned students and citizens are invited
to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
(4) (a) The institution shall provide the following information to those in attendance at
the meeting required under Subsection (1):
(i) the current year's student enrollment for:
(A) the State System of Higher Education, if a systemwide increase is being
considered; or
(B) the institution, if an increase is being considered for just a single institution;
(ii) total tuition revenues for the current school year;
(iii) projected student enrollment growth for the next school year and projected tuition
revenue increases from that anticipated growth; and
(iv) a detailed accounting of how and where the increased tuition revenues would be
spent.
(b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
down into majors or departments if the proposed tuition increases are department or major
specific.
(5) If the institution does not make a final decision on the proposed tuition increase at
the meeting, it shall announce the date, time, and place of the meeting where that determination
shall be made.
Section 107. Section 
53B-8a-103
 is amended to read:
53B-8a-103.
Creation of Utah Educational Savings Plan -- Powers and duties of
plan -- Certain exemptions.
(1) There is created the Utah Educational Savings Plan, which may also be known and
do business as:
(a) the Utah Educational Savings Plan Trust; or
(b) another related name.
(2) The plan:
(a) is a non-profit, self-supporting agency that administers a public trust;
(b) shall administer the various programs, funds, trusts, plans, functions, duties, and
obligations assigned to the plan:
(i) consistent with sound fiduciary principles; and
(ii) subject to review of the board; and
(c) shall be known as and managed as a qualified tuition program in compliance with
Section 529, Internal Revenue Code, that is sponsored by the state.
(3) The plan may:
(a) make and enter into contracts necessary for the administration of the plan payable
from plan money, including:
(i) contracts for goods and services; and
(ii) contracts to engage personnel, with demonstrated ability or expertise, including
consultants, actuaries, managers, counsel, and auditors for the purpose of rendering
professional, managerial, and technical assistance and advice;
(b) adopt a corporate seal and change and amend the corporate seal;
(c) invest money within the program, administrative, and endowment funds in
accordance with the provisions under Section 
53B-8a-107
;
(d) enter into agreements with account owners, any institution of higher education, any
federal or state agency, or other entity as required to implement this chapter;
(e) solicit and accept any grants, gifts, legislative appropriations, and other money from
the state, any unit of federal, state, or local government, or any other person, firm, partnership,
or corporation for deposit to the administrative fund, endowment fund, or the program fund;
(f) make provision for the payment of costs of administration and operation of the plan;
(g) carry out studies and projections to advise account owners regarding:
(i) present and estimated future higher education costs; and
(ii) levels of financial participation in the plan required to enable account owners to
achieve their educational funding objective;
(h) participate in federal, state, local governmental, or private programs;
(i) create public and private partnerships, including investment or management
relationships with other 529 plans or entities;
(j) promulgate, impose, and collect administrative fees and charges in connection with
transactions of the plan, and provide for reasonable service charges;
(k) procure insurance:
(i) against any loss in connection with the property, assets, or activities of the plan; and
(ii) indemnifying any member of the board from personal loss or accountability arising
from liability resulting from a member's action or inaction as a member of the plan's board;
(l) administer outreach efforts to:
(i) market and publicize the plan and the plan's products to existing and prospective
account owners; and
(ii) encourage economically challenged populations to save for post-secondary
education;
(m) adopt, trademark, and copyright names and materials for use in marketing and
publicizing the plan and the plan's products;
(n) administer the funds of the plan;
(o) sue and be sued in the plan's own name;
(p) own institutional accounts in the plan to establish and administer:
(i) scholarship programs; or
(ii) other college savings incentive programs, including programs designed to enhance
the savings of low income account owners investing in the plan; and
(q) have and exercise any other powers or duties that are necessary or appropriate to
carry out and effectuate the purposes of this chapter.
(4) (a) Except as provided in Subsection (4)(b), the plan is exempt from the provisions
of Title 63G, Chapter 2, Government Records Access and Management Act.
(b) (i) The annual audited financial statements of the plan described in Section
53B-8a-111
 are public records.
(ii) Financial information that is provided by the plan to the [
Division of Finance and
posted on the Utah Public Finance Website in accordance with Section 
63A-1-202
] 
state
auditor and posted on the public finance website established by the state auditor in accordance
with Section 
67-3-12
 is a public record.
(5) The plan is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 6a, Utah Procurement Code.
Section 108. Section 
53D-1-103
 is amended to read:
53D-1-103.
Application of other law.
(1) The office, board, and nominating committee are subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
.
(2) Subject to Subsection 
63E-1-304
(2), the office may participate in coverage under
the Risk Management Fund, created in Section 
63A-4-201
.
(3) The office and board are subject to:
(a) Title 63G, Chapter 2, Government Records Access and Management Act, except
for records relating to investment activities; and
(b) Title 63G, Chapter 6a, Utah Procurement Code.
(4) (a) In making rules under this chapter, the director is subject to and shall comply
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except as provided in
Subsection (4)(b).
(b) Subsections 
63G-3-301
(6) and (7) and Section 
63G-3-601
 do not apply to the
director's making of rules under this chapter.
(5) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to a board
member to the same extent as it applies to an employee, as defined in Section 
63G-7-102
.
(6) (a) A board member, the director, and an office employee or agent are subject to:
(i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
(ii) other requirements that the board establishes.
(b) In addition to any restrictions or requirements imposed under Subsection (6)(a), a
board member, the director, and an office employee or agent may not directly or indirectly
acquire an interest in the trust fund or receive any direct benefit from any transaction dealing
with trust fund money.
(7) (a) Except as provided in Subsection (7)(b), the office shall comply with Title 67,
Chapter 19, Utah State Personnel Management Act.
(b) (i) Upon a recommendation from the director after the director's consultation with
the executive director of the Department of Human Resource Management, the board may
provide that specified positions in the office are exempt from Section 
67-19-12
 and the career
service provisions of Title 67, Chapter 19, Utah State Personnel Management Act, as provided
in Subsection 
67-19-15
(1), if the board determines that exemption is required for the office to
fulfill efficiently its responsibilities under this chapter.
(ii) The director position is exempt from Section 
67-19-12
 and the career service
provisions of Title 67, Chapter 19, Utah State Personnel Management Act, as provided in
Subsection 
67-19-15
(1).
(iii) (A) After consultation with the executive director of the Department of Human
Resource Management, the director shall set salaries for positions that are exempted under
Subsection (7)(b)(i), within ranges that the board approves.
(B) In approving salary ranges for positions that are exempted under Subsection
(7)(b)(i), the board shall consider salaries for similar positions in private enterprise and other
public employment.
(8) The office is subject to legislative appropriation, to executive branch budgetary
review and recommendation, and to legislative and executive branch review.
Section 109. Section 
53E-3-705
 is amended to read:
53E-3-705.
School plant capital outlay report.
(1) The state board shall prepare an annual school plant capital outlay report of all
school districts, which includes information on the number and size of building projects
completed and under construction.
(2) A school district or charter school shall prepare and submit an annual school plant
capital outlay report [
in accordance with Section 
63A-1-202
] 
to the state auditor on or before a
date designated by the state auditor
.
Section 110. Section 
53E-4-202
 is amended to read:
53E-4-202.
Core standards for Utah public schools.
(1) (a) In establishing minimum standards related to curriculum and instruction
requirements under Section 
53E-3-501
, the state board shall, in consultation with local school
boards, school superintendents, teachers, employers, and parents implement core standards for
Utah public schools that will enable students to, among other objectives:
(i) communicate effectively, both verbally and through written communication;
(ii) apply mathematics; and
(iii) access, analyze, and apply information.
(b) Except as provided in this public education code, the state board may recommend
but may not require a local school board or charter school governing board to use:
(i) a particular curriculum or instructional material; or
(ii) a model curriculum or instructional material.
(2) The state board shall, in establishing the core standards for Utah public schools:
(a) identify the basic knowledge, skills, and competencies each student is expected to
acquire or master as the student advances through the public education system; and
(b) align with each other the core standards for Utah public schools and the
assessments described in Section 
53E-4-303
.
(3) The basic knowledge, skills, and competencies identified pursuant to Subsection
(2)(a) shall increase in depth and complexity from year to year and focus on consistent and
continual progress within and between grade levels and courses in the basic academic areas of:
(a) English, including explicit phonics, spelling, grammar, reading, writing,
vocabulary, speech, and listening; and
(b) mathematics, including basic computational skills.
(4) Before adopting core standards for Utah public schools, the state board shall:
(a) publicize draft core standards for Utah public schools on the state board's website
and the Utah Public Notice website created under Section [
63F-1-701
] 
63A-12-201
;
(b) invite public comment on the draft core standards for Utah public schools for a
period of not less than 90 days; and
(c) conduct three public hearings that are held in different regions of the state on the
draft core standards for Utah public schools.
(5) LEA governing boards shall design their school programs, that are supported by
generally accepted scientific standards of evidence, to focus on the core standards for Utah
public schools with the expectation that each program will enhance or help achieve mastery of
the core standards for Utah public schools.
(6) Except as provided in Section 
53G-10-402
, each school may select instructional
materials and methods of teaching, that are supported by generally accepted scientific standards
of evidence, that the school considers most appropriate to meet the core standards for Utah
public schools.
(7) The state may exit any agreement, contract, memorandum of understanding, or
consortium that cedes control of the core standards for Utah public schools to any other entity,
including a federal agency or consortium, for any reason, including:
(a) the cost of developing or implementing the core standards for Utah public schools;
(b) the proposed core standards for Utah public schools are inconsistent with
community values; or
(c) the agreement, contract, memorandum of understanding, or consortium:
(i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
(ii) conflicts with Utah law;
(iii) requires Utah student data to be included in a national or multi-state database;
(iv) requires records of teacher performance to be included in a national or multi-state
database; or
(v) imposes curriculum, assessment, or data tracking requirements on home school or
private school students.
(8) The state board shall submit a report in accordance with Section 
53E-1-203
 on the
development and implementation of the core standards for Utah public schools, including the
time line established for the review of the core standards for Utah public schools by a standards
review committee and the recommendations of a standards review committee established under
Section 
53E-4-203
.
Section 111. Section 
53G-3-204
 is amended to read:
53G-3-204.
Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) "Affected entity" means each county, municipality, local district under Title 17B,
Limited Purpose Local Government Entities - Local Districts, special service district under
Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
(i) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or
(ii) that has filed with the school district a copy of the general or long-range plan of the
county, municipality, local district, special service district, school district, interlocal
cooperation entity, or specified public utility.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(2) (a) If a school district located in a county of the first or second class prepares a
long-range plan regarding its facilities proposed for the future or amends an already existing
long-range plan, the school district shall, before preparing a long-range plan or amendments to
an existing long-range plan, provide written notice, as provided in this section, of its intent to
prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the school district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be:
(A) sent to each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) sent to each affected entity;
(C) sent to the Automated Geographic Reference Center created in Section 
63F-1-506
;
(D) sent to each association of governments, established pursuant to an interlocal
agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
municipality described in Subsection (2)(b)(iii)(A) is a member; and
(E) placed on the Utah Public Notice Website created under Section [
63F-1-701
]
63A-12-201
;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the school district has one, and the
name and telephone number of a person where more information can be obtained concerning
the school district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each school district intending to
acquire real property in a county of the first or second class for the purpose of expanding the
district's infrastructure or other facilities shall provide written notice, as provided in this
Subsection (3), of its intent to acquire the property if the intended use of the property is
contrary to:
(i) the anticipated use of the property under the county or municipality's general plan;
or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the school district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a school district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
the real property.
Section 112. Section 
53G-4-204
 is amended to read:
53G-4-204.
Compensation for services -- Additional per diem -- Approval of
expenses.
(1) Each member of a local school board, except the student member, shall receive
compensation for services and for necessary expenses in accordance with compensation
schedules adopted by the local school board in accordance with the provisions of this section.
(2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
compensation schedules, the local school board shall set a time and place for a public hearing
at which all interested persons shall be given an opportunity to be heard.
(3) Notice of the time, place, and purpose of the meeting shall be provided at least
seven days prior to the meeting by:
(a) (i) publication at least once in a newspaper published in the county where the
school district is situated and generally circulated within the school district; and
(ii) publication on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
; and
(b) posting a notice:
(i) at each school within the school district;
(ii) in at least three other public places within the school district; and
(iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
(4) After the conclusion of the public hearing, the local school board may adopt or
amend its compensation schedules.
(5) Each member shall submit an itemized account of necessary travel expenses for
local school board approval.
(6) A local school board may, without following the procedures described in
Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
amended or a new compensation schedule is adopted.
Section 113. Section 
53G-4-402
 is amended to read:
53G-4-402.
Powers and duties generally.
(1) A local school board shall:
(a) implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation requirements;
(b) administer tests, required by the state board, which measure the progress of each
student, and coordinate with the state superintendent and state board to assess results and create
plans to improve the student's progress, which shall be submitted to the state board for
approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the state board to establish a library of documented best practices,
consistent with state and federal regulations, for use by the local districts;
(f) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects; and
(g) ensure that the local school board meets the data collection and reporting standards
described in Section 
53E-3-501
.
(2) Local school boards shall spend Minimum School Program funds for programs and
activities for which the state board has established minimum standards or rules under Section
53E-3-501
.
(3) (a) A local school board may purchase, sell, and make improvements on school
sites, buildings, and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on local school board
resolution affirmed by at least two-thirds of the members.
(4) (a) A local school board may participate in the joint construction or operation of a
school attended by children residing within the district and children residing in other districts
either within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the local school board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the state board.
(5) A local school board may establish, locate, and maintain elementary, secondary,
and applied technology schools.
(6) Except as provided in Section 
53E-3-905
, a local school board may enroll children
in school who are at least five years of age before September 2 of the year in which admission
is sought.
(7) A local school board may establish and support school libraries.
(8) A local school board may collect damages for the loss, injury, or destruction of
school property.
(9) A local school board may authorize guidance and counseling services for children
and their parents before, during, or following enrollment of the children in schools.
(10) (a) A local school board shall administer and implement federal educational
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
Education Programs.
(b) Federal funds are not considered funds within the school district budget under
Chapter 7, Part 3, Budgets. 
(11) (a) A local school board may organize school safety patrols and adopt policies
under which the patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A local school board may on its own behalf, or on behalf of an educational
institution for which the local school board is the direct governing body, accept private grants,
loans, gifts, endowments, devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A local school board may appoint and fix the compensation of a compliance
officer to issue citations for violations of Subsection 
76-10-105
(2)(b).
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A local school board shall adopt bylaws and policies for the local school board's
own procedures.
(15) (a) A local school board shall make and enforce policies necessary for the control
and management of the district schools.
(b) Local school board policies shall be in writing, filed, and referenced for public
access.
(16) A local school board may hold school on legal holidays other than Sundays.
(17) (a) A local school board shall establish for each school year a school traffic safety
committee to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade 6, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
its duties under Subsection (17)(c).
(18) (a) A local school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the local school board's public schools, on
school grounds, on its school vehicles, and in connection with school-related activities or
events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under Chapter 11, Part 2, Miscellaneous Requirements; 
(iii) require professional learning for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent.
(c) The state board, through the state superintendent, shall develop comprehensive
emergency response plan models that local school boards may use, where appropriate, to
comply with Subsection (18)(a).
(d) A local school board shall, by July 1 of each year, certify to the state board that its
plan has been practiced at the school level and presented to and reviewed by its teachers,
administrators, students, and their parents and local law enforcement and public safety
representatives.
(19) (a) A local school board may adopt an emergency response plan for the treatment
of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require professional learning on the emergency response plan for school personnel
who are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The local school board, in collaboration with the schools referred to in Subsection
(19)(b), may review the plan each year and make revisions when required to improve or
enhance the plan.
(e) The state board, through the state superintendent, shall provide local school boards
with an emergency plan response model that local school boards may use to comply with the
requirements of this Subsection (19).
(20) A local school board shall do all other things necessary for the maintenance,
prosperity, and success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a local school
board shall:
(i) at least 120 days before approving the school closure or school boundary change,
provide notice to the following that the local school board is considering the closure or
boundary change:
(A) parents of students enrolled in the school, using the same form of communication
the local school board regularly uses to communicate with parents;
(B) parents of students enrolled in other schools within the school district that may be
affected by the closure or boundary change, using the same form of communication the local
school board regularly uses to communicate with parents; and
(C) the governing council and the mayor of the municipality in which the school is
located;
(ii) provide an opportunity for public comment on the proposed school closure or
school boundary change during at least two public local school board meetings; and
(iii) hold a public hearing as defined in Section 
10-9a-103
 and provide public notice of
the public hearing as described in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) the date, time, and location of the public hearing;
(ii) at least 10 days before the public hearing, be:
(A) published:
(I) in a newspaper of general circulation in the area; and
(II) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
; and
(B) posted in at least three public locations within the municipality in which the school
is located on the school district's official website, and prominently at the school; and
(iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
provided as described in Subsections (21)(a)(i)(A), (B), and (C).
(22) A local school board may implement a facility energy efficiency program
established under Title 11, Chapter 44, Performance Efficiency Act.
(23) A local school board may establish or partner with a certified youth court
program, in accordance with Section 
78A-6-1203
, or establish or partner with a comparable
restorative justice program, in coordination with schools in that district. A school may refer a
student to youth court or a comparable restorative justice program in accordance with Section
53G-8-211
.
Section 114. Section 
53G-5-504
 is amended to read:
53G-5-504.
Charter school closure.
(1) As used in this section, "receiving charter school" means a charter school that an
authorizer permits under Subsection (13)(a), to accept enrollment applications from students of
a closing charter school.
(2) If a charter school is closed for any reason, including the termination of a charter
agreement in accordance with Section 
53G-5-503
 or the conversion of a charter school to a
private school, the provisions of this section apply.
(3) A decision to close a charter school is made:
(a) when a charter school authorizer approves a motion to terminate described in
Subsection 
53G-5-503
(2)(c);
(b) when the state board takes final action described in Subsection 
53G-5-503
(2)(d)(ii);
or
(c) when a charter school provides notice to the charter school's authorizer that the
charter school is relinquishing the charter school's charter.
(4) (a) No later than 10 days after the day on which a decision to close a charter school
is made, the charter school shall:
(i) provide notice to the following, in writing, of the decision:
(A) if the charter school made the decision to close, the charter school's authorizer;
(B) the State Charter School Board;
(C) if the state board did not make the decision to close, the state board;
(D) parents of students enrolled at the charter school;
(E) the charter school's creditors;
(F) the charter school's lease holders;
(G) the charter school's bond issuers;
(H) other entities that may have a claim to the charter school's assets;
(I) the school district in which the charter school is located and other charter schools
located in that school district; and
(J) any other person that the charter school determines to be appropriate; and
(ii) post notice of the decision on the Utah Public Notice Website, created in Section
[
63F-1-701
] 
63A-12-201
.
(b) The notice described in Subsection (4)(a) shall include:
(i) the proposed date of the charter school closure;
(ii) the charter school's plans to help students identify and transition into a new school;
and
(iii) contact information for the charter school during the transition.
(5) No later than 10 days after the day on which a decision to close a charter school is
made, the closing charter school shall:
(a) designate a custodian for the protection of student files and school business records;
(b) designate a base of operation that will be maintained throughout the charter school
closing, including:
(i) an office;
(ii) hours of operation;
(iii) operational telephone service with voice messaging stating the hours of operation;
and
(iv) a designated individual to respond to questions or requests during the hours of
operation;
(c) assure that the charter school will maintain private insurance coverage or risk
management coverage for covered claims that arise before closure, throughout the transition to
closure and for a period following closure of the charter school as specified by the charter
school's authorizer;
(d) assure that the charter school will complete by the set deadlines for all fiscal years
in which funds are received or expended by the charter school a financial audit and any other
procedure required by state board rule;
(e) inventory all assets of the charter school; and
(f) list all creditors of the charter school and specifically identify secured creditors and
assets that are security interests.
(6) The closing charter school's authorizer shall oversee the closing charter school's
compliance with Subsection (5).
(7) (a) A closing charter school shall return any assets remaining, after all liabilities
and obligations of the closing charter school are paid or discharged, to the closing charter
school's authorizer.
(b) The closing charter school's authorizer shall liquidate assets at fair market value or
assign the assets to another public school.
(8) The closing charter school's authorizer shall oversee liquidation of assets and
payment of debt in accordance with state board rule. 
(9) The closing charter school shall:
(a) comply with all state and federal reporting requirements; and 
(b) submit all documentation and complete all state and federal reports required by the
closing charter school's authorizer or the state board , including documents to verify the closing
charter school's compliance with procedural requirements and satisfaction of all financial
issues.
(10) When the closing charter school's financial affairs are closed out and dissolution is
complete, the authorizer shall ensure that a final audit of the charter school is completed.
(11) On or before January 1, 2017, the state board shall, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and after considering suggestions from
charter school authorizers, make rules that:
(a) provide additional closure procedures for charter schools ; and
(b) establish a charter school closure process. 
(12) (a) Upon termination of the charter school's charter agreement:
(i) notwithstanding provisions to the contrary in Title 16, Chapter 6a, Part 14,
Dissolution, the nonprofit corporation under which the charter school is organized and
managed may be unilaterally dissolved by the authorizer; and
(ii) the net assets of the charter school shall revert to the authorizer as described in
Subsection (7).
(b) The charter school and the authorizer shall mutually agree in writing on the
effective date and time of the dissolution described in Subsection (12)(a).
(c) The effective date and time of dissolution described in Subsection (12)(b) may not
exceed five years after the date of the termination of the charter agreement.
(13) Notwithstanding the provisions of Chapter 6, Part 5, Charter School Enrollment:
(a) an authorizer may permit a specified number of students from a closing charter
school to be enrolled in another charter school, if the receiving charter school:
(i) (A) is authorized by the same authorizer as the closing charter school; or
(B) is authorized by a different authorizer and the authorizer of the receiving charter
school approves the increase in enrollment; and
(ii) agrees to accept enrollment applications from students of the closing charter
school;
(b) a receiving charter school shall give new enrollment preference to applications
from students of the closing charter school in the first school year in which the closing charter
school is not operational; and
(c) a receiving charter school's enrollment capacity is increased by the number of
students enrolled in the receiving charter school from the closing charter school under this
Subsection (13).
(14) A member of the governing board or staff of the receiving charter school that is
also a member of the governing board of the receiving charter school's authorizer, shall recuse
himself or herself from a decision regarding the enrollment of students from a closing charter
school as described in Subsection (13).
Section 115. Section 
53G-7-1105
 is amended to read:
53G-7-1105.
Association budgets.
(1) An association shall:
(a) adopt a budget in accordance with this section; and
(b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
be in accordance with generally accepted accounting principles or auditing standards.
(2) An association budget officer or executive director shall annually prepare a
tentative budget, with supporting documentation, to be submitted to the governing body.
(3) The tentative budget and supporting documents shall include the following items:
(a) the revenues and expenditures of the preceding fiscal year;
(b) the estimated revenues and expenditures of the current fiscal year;
(c) a detailed estimate of the essential expenditures for all purposes for the next
succeeding fiscal year; and
(d) the estimated financial condition of the association by funds at the close of the
current fiscal year.
(4) The tentative budget shall be filed with the governing body 15 days, or earlier,
before the date of the tentative budget's proposed adoption by the governing body.
(5) The governing body shall adopt a budget.
(6) Before the adoption or amendment of a budget, the governing body shall hold a
public hearing on the proposed budget or budget amendment.
(7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
public hearing, a governing body shall:
(i) publish a notice of the public hearing electronically in accordance with Section
[
63F-1-701
] 
63A-12-201
; and
(ii) post the proposed budget on the association's Internet website.
(b) A notice of a public hearing on an association's proposed budget shall include
information on how the public may access the proposed budget as provided in Subsection
(7)(a).
(8) No later than September 30 of each year, the governing body shall file a copy of the
adopted budget with the state auditor and the state board.
Section 116. Section 
54-8-10
 is amended to read:
54-8-10.
Public hearing -- Notice -- Publication.
(1) Such notice shall be:
(a) (i) published:
(A) in full one time in a newspaper of general circulation in the district; or
(B) if there be no such newspaper, in a newspaper of general circulation in the county,
city, or town in which the district is located; and
(ii) published on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
; and
(b) posted in not less than three public places in the district.
(2) A copy of the notice shall be mailed by certified mail to the last known address of
each owner of land within the proposed district whose property will be assessed for the cost of
the improvement.
(3) The address to be used for that purpose shall be that last appearing on the real
property assessment rolls of the county in which the property is located.
(4) In addition, a copy of the notice shall be addressed to "Owner" and shall be so
mailed addressed to the street number of each piece of improved property to be affected by the
assessment.
(5) Mailed notices and the published notice shall state where a copy of the resolution
creating the district will be available for inspection by any interested parties.
Section 117. Section 
54-8-16
 is amended to read:
54-8-16.
Notice of assessment -- Publication.
(1) After the preparation of a resolution under Section 
54-8-14
, notice of a public
hearing on the proposed assessments shall be given.
(2) The notice described in Subsection (1) shall be:
(a) published:
(i) one time in a newspaper in which the first notice of hearing was published at least
20 days before the date fixed for the hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least 20 days before the date fixed for the hearing; and
(b) mailed by certified mail not less than 15 days prior to the date fixed for such
hearing to each owner of real property whose property will be assessed for part of the cost of
the improvement at the last known address of such owner using for such purpose the names
and addresses appearing on the last completed real property assessment rolls of the county
wherein said affected property is located.
(3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
mailed addressed to the street number of each piece of improved property to be affected by
such assessment.
(4) Each notice shall state that at the specified time and place, the governing body will
hold a public hearing upon the proposed assessments and shall state that any owner of any
property to be assessed pursuant to the resolution will be heard on the question of whether his
property will be benefited by the proposed improvement to the amount of the proposed
assessment against his property and whether the amount assessed against his property
constitutes more than his proper proportional share of the total cost of the improvement.
(5) The notice shall further state where a copy of the resolution proposed to be adopted
levying the assessments against all real property in the district will be on file for public
inspection, and that subject to such changes and corrections therein as may be made by the
governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
(6) A published notice shall describe the boundaries or area of the district with
sufficient particularity to permit each owner of real property therein to ascertain that his
property lies in the district.
(7) The mailed notice may refer to the district by name and date of creation and shall
state the amount of the assessment proposed to be levied against the real property of the person
to whom the notice is mailed.
Section 118. Section 
57-11-11
 is amended to read:
57-11-11.
Rules of division -- Filing advertising material -- Injunctions --
Intervention by division in suits -- General powers of division.
(1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
or repealed only after a public hearing.
(b) The division shall:
(i) publish notice of the public hearing described in Subsection (1)(a):
(A) once in a newspaper or newspapers with statewide circulation and at least 20 days
before the hearing; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least 20 days before the hearing; and
(ii) send a notice to a nonprofit organization which files a written request for notice
with the division at least 20 days prior to the hearing.
(2) The rules shall include but need not be limited to:
(a) provisions for advertising standards to assure full and fair disclosure; and
(b) provisions for escrow or trust agreements, performance bonds, or other means
reasonably necessary to assure that all improvements referred to in the application for
registration and advertising will be completed and that purchasers will receive the interest in
land contracted for.
(3) These provisions, however, shall not be required if the city or county in which the
subdivision is located requires similar means of assurance of a nature and in an amount no less
adequate than is required under said rules:
(a) provisions for operating procedures;
(b) provisions for a shortened form of registration in cases where the division
determines that the purposes of this act do not require a subdivision to be registered pursuant to
an application containing all the information required by Section 
57-11-6
 or do not require that
the public offering statement contain all the information required by Section 
57-11-7
; and
(c) other rules necessary and proper to accomplish the purpose of this chapter.
(4) The division by rule or order, after reasonable notice, may require the filing of
advertising material relating to subdivided lands prior to its distribution, provided that the
division must approve or reject any advertising material within 15 days from the receipt thereof
or the material shall be considered approved.
(5) If it appears that a person has engaged or is about to engage in an act or practice
constituting a violation of a provision of this chapter or a rule or order hereunder, the agency,
with or without prior administrative proceedings, may bring an action in the district court of the
district where said person maintains his residence or a place of business or where said act or
practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive
relief or temporary restraining orders shall be granted, and a receiver or conservator may be
appointed. The division shall not be required to post a bond in any court proceedings.
(6) The division shall be allowed to intervene in a suit involving subdivided lands,
either as a party or as an amicus curiae, where it appears that the interpretation or
constitutionality of any provision of law will be called into question. In any suit by or against a
subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,
constitute grounds for the division withholding any approval required by this chapter.
(7) The division may:
(a) accept registrations filed in other states or with the federal government;
(b) contract with public agencies or qualified private persons in this state or other
jurisdictions to perform investigative functions; and
(c) accept grants-in-aid from any source.
(8) The division shall cooperate with similar agencies in other jurisdictions to establish
uniform filing procedures and forms, uniform public offering statements, advertising standards,
rules, and common administrative practices.
Section 119. Section 
59-2-919
 is amended to read:
59-2-919.
Notice and public hearing requirements for certain tax increases --
Exceptions.
(1) As used in this section:
(a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
(b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
revenue from:
(i) eligible new growth as defined in Section 
59-2-924
; or
(ii) personal property that is:
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
(B) semiconductor manufacturing equipment.
(c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
that begins on January 1 and ends on December 31.
(d) "County executive calendar year taxing entity" means a calendar year taxing entity
that operates under the county executive-council form of government described in Section
17-52a-203
.
(e) "Current calendar year" means the calendar year immediately preceding the
calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate.
(f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
begins on July 1 and ends on June 30.
(g) "Last year's property tax budgeted revenue" does not include revenue received by a
taxing entity from a debt service levy voted on by the public.
(2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
rate unless the taxing entity meets:
(a) the requirements of this section that apply to the taxing entity; and
(b) all other requirements as may be required by law.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate if the calendar year taxing entity:
(i) 14 or more days before the date of the regular general election or municipal general
election held in the current calendar year, states at a public meeting:
(A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate;
(B) the dollar amount of and purpose for additional ad valorem tax revenue that would
be generated by the proposed increase in the certified tax rate; and
(C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
based on the proposed increase described in Subsection (3)(a)(i)(B);
(ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
separate item on the meeting agenda that notifies the public that the calendar year taxing entity
intends to make the statement described in Subsection (3)(a)(i);
(iii) meets the advertisement requirements of Subsections (6) and (7) before the
calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
(iv) provides notice by mail:
(A) seven or more days before the regular general election or municipal general
election held in the current calendar year; and
(B) as provided in Subsection (3)(c); and
(v) conducts a public hearing that is held:
(A) in accordance with Subsections (8) and (9); and
(B) in conjunction with the public hearing required by Section 
17-36-13
 or 
17B-1-610
.
(b) (i) For a county executive calendar year taxing entity, the statement described in
Subsection (3)(a)(i) shall be made by the:
(A) county council;
(B) county executive; or
(C) both the county council and county executive.
(ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
county council states a dollar amount of additional ad valorem tax revenue that is greater than
the amount of additional ad valorem tax revenue previously stated by the county executive in
accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
(A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing under Subsection
(3)(a)(v); and
(B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing required by
Subsection (3)(a)(v).
(c) The notice described in Subsection (3)(a)(iv):
(i) shall be mailed to each owner of property:
(A) within the calendar year taxing entity; and
(B) listed on the assessment roll;
(ii) shall be printed on a separate form that:
(A) is developed by the commission;
(B) states at the top of the form, in bold upper-case type no smaller than 18 point
"NOTICE OF PROPOSED TAX INCREASE"; and
(C) may be mailed with the notice required by Section 
59-2-1317
;
(iii) shall contain for each property described in Subsection (3)(c)(i):
(A) the value of the property for the current calendar year;
(B) the tax on the property for the current calendar year; and
(C) subject to Subsection (3)(d), for the calendar year for which the calendar year
taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate, the estimated tax on the property;
(iv) shall contain the following statement:
"[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
year]. This notice contains estimates of the tax on your property and the proposed tax increase
on your property as a result of this tax increase. These estimates are calculated on the basis of
[insert previous applicable calendar year] data. The actual tax on your property and proposed
tax increase on your property may vary from this estimate.";
(v) shall state the date, time, and place of the public hearing described in Subsection
(3)(a)(v); and
(vi) may contain other property tax information approved by the commission.
(d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
calculate the estimated tax on property on the basis of:
(i) data for the current calendar year; and
(ii) the amount of additional ad valorem tax revenue stated in accordance with this
section.
(4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
(a) provides notice by meeting the advertisement requirements of Subsections (6) and
(7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
taxing entity's annual budget is adopted; and
(b) conducts a public hearing in accordance with Subsections (8) and (9) before the
fiscal year taxing entity's annual budget is adopted.
(5) (a) A taxing entity is not required to meet the notice or public hearing requirements
of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
the requirements of this section.
(b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
(4) if:
(i) Section 
53F-8-301
 allows the taxing entity to levy a tax rate that exceeds that
certified tax rate without having to comply with the notice provisions of this section; or
(ii) the taxing entity:
(A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal year;
and
(B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
revenue.
(6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
section shall be published:
(i) subject to Section 
45-1-101
, in a newspaper or combination of newspapers of
general circulation in the taxing entity;
(ii) electronically in accordance with Section 
45-1-101
; and
(iii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(b) The advertisement described in Subsection (6)(a)(i) shall:
(i) be no less than 1/4 page in size;
(ii) use type no smaller than 18 point; and
(iii) be surrounded by a 1/4-inch border.
(c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(d) It is the intent of the Legislature that:
(i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
newspaper that is published at least one day per week; and
(ii) the newspaper or combination of newspapers selected:
(A) be of general interest and readership in the taxing entity; and
(B) not be of limited subject matter.
(e) (i) The advertisement described in Subsection (6)(a)(i) shall:
(A) except as provided in Subsection (6)(f), be run once each week for the two weeks
before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(ii) The advertisement described in Subsection (6)(a)(ii) shall:
(A) be published two weeks before a taxing entity conducts a public hearing described
in Subsection (3)(a)(v) or (4)(b); and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(f) If a fiscal year taxing entity's public hearing information is published by the county
auditor in accordance with Section 
59-2-919.2
, the fiscal year taxing entity is not subject to the
requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
the advertisement once during the week before the fiscal year taxing entity conducts a public
hearing at which the taxing entity's annual budget is discussed.
(g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
advertisement shall be substantially as follows:
"NOTICE OF PROPOSED TAX INCREASE
(NAME OF TAXING ENTITY)
The (name of the taxing entity) is proposing to increase its property tax revenue.
• The (name of the taxing entity) tax on a (insert the average value of a residence
in the taxing entity rounded to the nearest thousand dollars) residence would
increase from $______ to $________, which is $_______ per year.
• The (name of the taxing entity) tax on a (insert the value of a business having
the same value as the average value of a residence in the taxing entity) business
would increase from $________ to $_______, which is $______ per year.
• If the proposed budget is approved, (name of the taxing entity) would increase
its property tax budgeted revenue by ___% above last year's property tax
budgeted revenue excluding eligible new growth.
All concerned citizens are invited to a public hearing on the tax increase.
PUBLIC HEARING
Date/Time: (date) (time)
Location: (name of meeting place and address of meeting place)
To obtain more information regarding the tax increase, citizens may contact the (name
of the taxing entity) at (phone number of taxing entity)."
(7) The commission:
(a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
two or more taxing entities; and
(b) subject to Section 
45-1-101
, may authorize:
(i) the use of a weekly newspaper:
(A) in a county having both daily and weekly newspapers if the weekly newspaper
would provide equal or greater notice to the taxpayer; and
(B) if the county petitions the commission for the use of the weekly newspaper; or
(ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
if:
(A) the cost of the advertisement would cause undue hardship;
(B) the direct notice is different and separate from that provided for in Section
59-2-919.1
; and
(C) the taxing entity petitions the commission for the use of a commission approved
direct notice.
(8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
legislative body in which the fiscal year taxing entity is located of the date, time, and place of
the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
(B) A county that receives notice from a fiscal year taxing entity under Subsection
(8)(a)(i)(A) shall include on the notice required by Section 
59-2-919.1
 the date, time, and place
of the public hearing described in Subsection (8)(a)(i)(A).
(ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
year, notify the county legislative body in which the calendar year taxing entity is located of the
date, time, and place of the first public hearing at which the calendar year taxing entity's annual
budget will be discussed.
(b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
(A) open to the public; and
(B) held at a meeting of the taxing entity with no items on the agenda other than
discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
fee implementation or increase, or a combination of these items.
(ii) The governing body of a taxing entity conducting a public hearing described in
Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
opportunity to present oral testimony:
(A) within reasonable time limits; and
(B) without unreasonable restriction on the number of individuals allowed to make
public comment.
(c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
of another overlapping taxing entity in the same county.
(ii) The taxing entities in which the power to set tax levies is vested in the same
governing board or authority may consolidate the public hearings described in Subsection
(3)(a)(v) or (4)(b) into one public hearing.
(d) A county legislative body shall resolve any conflict in public hearing dates and
times after consultation with each affected taxing entity.
(e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
(4)(b) beginning at or after 6 p.m.
(ii) If a taxing entity holds a public meeting for the purpose of addressing general
business of the taxing entity on the same date as a public hearing described in Subsection
(3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
(f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
hearing of the taxing entity.
(ii) A taxing entity may hold the following hearings on the same date as a public
hearing described in Subsection (3)(a)(v) or (4)(b):
(A) a budget hearing;
(B) if the taxing entity is a local district or a special service district, a fee hearing
described in Section 
17B-1-643
;
(C) if the taxing entity is a town, an enterprise fund hearing described in Section
10-5-107.5
; or
(D) if the taxing entity is a city, an enterprise fund hearing described in Section
10-6-135.5.
(9) (a) If a taxing entity does not make a final decision on budgeting additional ad
valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
entity shall:
(i) announce at that public hearing the scheduled time and place of the next public
meeting at which the taxing entity will consider budgeting the additional ad valorem tax
revenue; and
(ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
in Subsection (9)(a)(i) before September 1.
(b) A calendar year taxing entity may not adopt a final budget that budgets an amount
of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
tax revenue stated at a public meeting under Subsection (3)(a)(i).
(c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
annual budget.
Section 120. Section 
59-2-919.2
 is amended to read:
59-2-919.2.
Consolidated advertisement of public hearings.
(1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
entity provides the notice to the county required under Subsection 
59-2-919
(8)(a)(i), the taxing
entity shall provide to the county auditor the information required by Subsection
59-2-919
(8)(a)(i).
(b) A taxing entity is not required to notify the county auditor of the taxing entity's
public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
notice requirements of Section 
59-2-919
.
(2) If as of July 22, two or more taxing entities notify the county auditor under
Subsection (1), the county auditor shall by no later than July 22 of each year:
(a) compile a list of the taxing entities that notify the county auditor under Subsection
(1);
(b) include on the list described in Subsection (2)(a), the following information for
each taxing entity on the list:
(i) the name of the taxing entity;
(ii) the date, time, and location of the public hearing described in Subsection
59-2-919
(8)(a)(i);
(iii) the average dollar increase on a residence in the taxing entity that the proposed tax
increase would generate; and
(iv) the average dollar increase on a business in the taxing entity that the proposed tax
increase would generate;
(c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
notifies the county auditor under Subsection (1); and
(d) in addition to the requirements of Subsection (3), if the county has a webpage,
publish a copy of the list described in Subsection (2)(a) on the county's webpage until
December 31.
(3) (a) At least two weeks before any public hearing included in the list under
Subsection (2) is held, the county auditor shall publish:
(i) the list compiled under Subsection (2); and
(ii) a statement that:
(A) the list is for informational purposes only;
(B) the list should not be relied on to determine a person's tax liability under this
chapter; and
(C) for specific information related to the tax liability of a taxpayer, the taxpayer
should review the taxpayer's tax notice received under Section 
59-2-919.1
.
(b) Except as provided in Subsection (3)(d)(ii), the information described in Subsection
(3)(a) shall be published:
(i) in no less than 1/4 page in size;
(ii) in type no smaller than 18 point; and
(iii) surrounded by a 1/4-inch border.
(c) The published information described in Subsection (3)(a) and published in
accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
legal notice or classified advertisement appears.
(d) A county auditor shall publish the information described in Subsection (3)(a):
(i) (A) in a newspaper or combination of newspapers that are:
(I) published at least one day per week;
(II) of general interest and readership in the county; and
(III) not of limited subject matter; and
(B) once each week for the two weeks preceding the first hearing included in the list
compiled under Subsection (2); and
(ii) for two weeks preceding the first hearing included in the list compiled under
Subsection (2):
(A) as required in Section 
45-1-101
; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
(4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
the list described in Subsection (2)(c) to a person:
(a) who attends the public hearing described in Subsection 
59-2-919
(8)(a)(i) of the
taxing entity; or
(b) who requests a copy of the list.
(5) (a) A county auditor shall by no later than 30 days from the day on which the last
publication of the information required by Subsection (3)(a) is made:
(i) determine the costs of compiling and publishing the list; and
(ii) charge each taxing entity included on the list an amount calculated by dividing the
amount determined under Subsection (5)(a) by the number of taxing entities on the list.
(b) A taxing entity shall pay the county auditor the amount charged under Subsection
(5)(a).
(6) The publication of the list under this section does not remove or change the notice
requirements of Section 
59-2-919
 for a taxing entity.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules:
(a) relating to the publication of a consolidated advertisement which includes the
information described in Subsection (2) for a taxing entity that overlaps two or more counties;
(b) relating to the payment required in Subsection (5)(b); and
(c) to oversee the administration of this section and provide for uniform
implementation.
Section 121. Section 
59-12-1102
 is amended to read:
59-12-1102.
Base -- Rate -- Imposition of tax -- Distribution of revenue --
Administration -- Administrative charge -- Commission requirement to retain an amount
to be deposited into the Qualified Emergency Food Agencies Fund -- Enactment or repeal
of tax -- Effective date -- Notice requirements.
(1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
authorized by this chapter, a county may impose by ordinance a county option sales and use tax
of .25% upon the transactions described in Subsection 
59-12-103
(1).
(ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
section on the sales and uses described in Section 
59-12-104
 to the extent the sales and uses are
exempt from taxation under Section 
59-12-104
.
(b) For purposes of this Subsection (1), the location of a transaction shall be
determined in accordance with Sections 
59-12-211
 through 
59-12-215
.
(c) The county option sales and use tax under this section shall be imposed:
(i) upon transactions that are located within the county, including transactions that are
located within municipalities in the county; and
(ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
January:
(A) of the next calendar year after adoption of the ordinance imposing the tax if the
ordinance is adopted on or before May 25; or
(B) of the second calendar year after adoption of the ordinance imposing the tax if the
ordinance is adopted after May 25.
(d) The county option sales and use tax under this section shall be imposed:
(i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
September 4, 1997; or
(ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
but after September 4, 1997.
(2) (a) Before imposing a county option sales and use tax under Subsection (1), a
county shall hold two public hearings on separate days in geographically diverse locations in
the county.
(b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
time of no earlier than 6 p.m.
(ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
days after the day the first advertisement required by Subsection (2)(c) is published.
(c) (i) Before holding the public hearings required by Subsection (2)(a), the county
shall advertise:
(A) its intent to adopt a county option sales and use tax;
(B) the date, time, and location of each public hearing; and
(C) a statement that the purpose of each public hearing is to obtain public comments
regarding the proposed tax.
(ii) The advertisement shall be published:
(A) in a newspaper of general circulation in the county once each week for the two
weeks preceding the earlier of the two public hearings; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
two weeks preceding the earlier of the two public hearings.
(iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
border.
(iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
(A) the advertisement shall appear in a newspaper that is published at least five days a
week, unless the only newspaper in the county is published less than five days a week; and
(B) the newspaper selected shall be one of general interest and readership in the
community, and not one of limited subject matter.
(d) The adoption of an ordinance imposing a county option sales and use tax is subject
to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
6, Local Referenda - Procedures.
(3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing a
county option sales and use tax under Subsection (1) is less than 75% of the state population,
the tax levied under Subsection (1) shall be distributed to the county in which the tax was
collected.
(b) Subject to Subsection (5), if the aggregate population of the counties imposing a
county option sales and use tax under Subsection (1) is greater than or equal to 75% of the state
population:
(i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
the county in which the tax was collected; and
(ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
(1) in each county shall be distributed proportionately among all counties imposing the tax,
based on the total population of each county.
(c) Except as provided in Subsection (5), the amount to be distributed annually to a
county under Subsection (3)(b)(ii), when combined with the amount distributed to the county
under Subsection (3)(b)(i), does not equal at least $75,000, then:
(i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
be increased so that, when combined with the amount distributed to the county under
Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
(ii) the amount to be distributed annually to all other counties under Subsection
(3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
Subsection (3)(c)(i).
(d) The commission shall establish rules to implement the distribution of the tax under
Subsections (3)(a), (b), and (c).
(4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
shall be administered, collected, and enforced in accordance with:
(i) the same procedures used to administer, collect, and enforce the tax under:
(A) Part 1, Tax Collection; or
(B) Part 2, Local Sales and Use Tax Act; and
(ii) Chapter 1, General Taxation Policies.
(b) A tax under this part is not subject to Subsections 
59-12-205
(2) through (6).
(c) (i) Subject to Subsection (4)(c)(ii), the commission shall retain and deposit an
administrative charge in accordance with Section 
59-1-306
 from the revenue the commission
collects from a tax under this part.
(ii) Notwithstanding Section 
59-1-306
, the administrative charge described in
Subsection (4)(c)(i) shall be calculated by taking a percentage described in Section 
59-1-306
 of
the distribution amounts resulting after:
(A) the applicable distribution calculations under Subsection (3) have been made; and
(B) the commission retains the amount required by Subsection (5).
(5) (a) Beginning on July 1, 2009, the commission shall calculate and retain a portion
of the sales and use tax collected under this part as provided in this Subsection (5).
(b) For a county that imposes a tax under this part, the commission shall calculate a
percentage each month by dividing the sales and use tax collected under this part for that
month within the boundaries of that county by the total sales and use tax collected under this
part for that month within the boundaries of all of the counties that impose a tax under this part.
(c) For a county that imposes a tax under this part, the commission shall retain each
month an amount equal to the product of:
(i) the percentage the commission determines for the month under Subsection (5)(b)
for the county; and
(ii) $6,354.
(d) The commission shall deposit an amount the commission retains in accordance
with this Subsection (5) into the Qualified Emergency Food Agencies Fund created by Section
35A-8-1009
.
(e) An amount the commission deposits into the Qualified Emergency Food Agencies
Fund shall be expended as provided in Section 
35A-8-1009
.
(6) (a) For purposes of this Subsection (6):
(i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County
Consolidations and Annexations.
(ii) "Annexing area" means an area that is annexed into a county.
(b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a
county enacts or repeals a tax under this part:
(A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
(II) the repeal shall take effect on the first day of a calendar quarter; and
(B) after a 90-day period beginning on the date the commission receives notice meeting
the requirements of Subsection (6)(b)(ii) from the county.
(ii) The notice described in Subsection (6)(b)(i)(B) shall state:
(A) that the county will enact or repeal a tax under this part;
(B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
(C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
(D) if the county enacts the tax described in Subsection (6)(b)(ii)(A), the rate of the
tax.
(c) (i) If the billing period for a transaction begins before the effective date of the
enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
of the first billing period that begins on or after the effective date of the enactment of the tax.
(ii) The repeal of a tax applies to a billing period if the billing statement for the billing
period is produced on or after the effective date of the repeal of the tax imposed under
Subsection (1).
(d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
Subsection (6)(b)(i) takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the enactment or repeal under
Subsection (6)(b)(i).
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "catalogue sale."
(e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
part for an annexing area, the enactment or repeal shall take effect:
(A) on the first day of a calendar quarter; and
(B) after a 90-day period beginning on the date the commission receives notice meeting
the requirements of Subsection (6)(e)(ii) from the county that annexes the annexing area.
(ii) The notice described in Subsection (6)(e)(i)(B) shall state:
(A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
repeal of a tax under this part for the annexing area;
(B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
(C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
(D) the rate of the tax described in Subsection (6)(e)(ii)(A).
(f) (i) If the billing period for a transaction begins before the effective date of the
enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
of the first billing period that begins on or after the effective date of the enactment of the tax.
(ii) The repeal of a tax applies to a billing period if the billing statement for the billing
period is produced on or after the effective date of the repeal of the tax imposed under
Subsection (1).
(g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
Subsection (6)(e)(i) takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the enactment or repeal under
Subsection (6)(e)(i).
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "catalogue sale."
Section 122. Section 
63A-3-103
 is amended to read:
63A-3-103.
Duties of director of division -- Application to institutions of higher
education.
(1) The director of the Division of Finance shall:
(a) define fiscal procedures relating to approval and allocation of funds;
(b) provide for the accounting control of funds;
(c) promulgate rules that:
(i) establish procedures for maintaining detailed records of all types of leases;
(ii) account for all types of leases in accordance with generally accepted accounting
principles;
(iii) require the performance of a lease with an option to purchase study by state
agencies prior to any lease with an option to purchase acquisition of capital equipment; and
(iv) require that the completed lease with an option to purchase study be approved by
the director of the Division of Finance;
(d) if the department operates the Division of Finance as an internal service fund
agency in accordance with Section 
63A-1-109.5
, submit to the Rate Committee established in
Section 
63A-1-114
:
(i) the proposed rate and fee schedule as required by Section 
63A-1-114
; and
(ii) other information or analysis requested by the Rate Committee;
(e) oversee the Office of State Debt Collection;
(f) publish the state's current constitutional debt limit on the [
Utah Public Finance
Website, created in Section 
63A-1-202
] 
public finance website established by the state auditor
in accordance with Section 
67-3-12
; and
(g) prescribe other fiscal functions required by law or under the constitutional authority
of the governor to transact all executive business for the state.
(2) (a) Institutions of higher education are subject to the provisions of Title 63A,
Chapter 3, Part 1, General Provisions, and Title 63A, Chapter 3, Part 2, Accounting System,
only to the extent expressly authorized or required by the Utah Board of Higher Education
under Title 53B, State System of Higher Education.
(b) Institutions of higher education shall submit financial data for the past fiscal year
conforming to generally accepted accounting principles to the director of the Division of
Finance.
(3) The Division of Finance shall prepare financial statements and other reports in
accordance with legal requirements and generally accepted accounting principles for the state
auditor's examination and certification:
(a) not later than 60 days after a request from the state auditor; and
(b) at the end of each fiscal year.
Section 123. Section 
63A-5b-905
 is amended to read:
63A-5b-905.
Notice required before division may convey division-owned
property.
(1) Before the division may convey vacant division-owned property, the division shall
give notice as provided in Subsection (2).
(2) A notice required under Subsection (1) shall:
(a) identify and describe the vacant division-owned property;
(b) indicate the availability of the vacant division-owned property;
(c) invite persons interested in the vacant division-owned property to submit a written
proposal to the division;
(d) indicate the deadline for submitting a written proposal;
(e) be posted on the division's website for at least 60 consecutive days before the
deadline for submitting a written proposal, in a location specifically designated for notices
dealing with vacant division-owned property;
(f) be posted on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
 for at least 60 consecutive days before the deadline for submitting a written
proposal; and
(g) be sent by email to each person who has previously submitted to the division a
written request to receive notices under this section.
Section 124. Section 
63A-12-100
 is amended to read:
CHAPTER 12. DIVISION OF ARCHIVES AND RECORDS SERVICE
Part 1. General Provisions
63A-12-100.
Title.
This chapter is known as the [
"Public Records Management Act."
] 
"Division of
Archives and Records Service."
Section 125. Section 
63A-12-101
 is amended to read:
63A-12-101.
Division of Archives and Records Service created -- Duties.
(1) There is created the Division of Archives and Records Service within the
Department of Administrative Services.
(2) The state archives shall:
(a) administer the state's archives and records management programs, including storage
of records, central microphotography programs, and quality control;
(b) apply fair, efficient, and economical management methods to the collection,
creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
documents;
(c) establish standards, procedures, and techniques for the effective management and
physical care of records;
(d) conduct surveys of office operations and recommend improvements in current
records management practices, including the use of space, equipment, automation, and supplies
used in creating, maintaining, storing, and servicing records;
(e) establish standards for the preparation of schedules providing for the retention of
records of continuing value and for the prompt and orderly disposal of state records no longer
possessing sufficient administrative, historical, legal, or fiscal value to warrant further
retention;
(f) establish, maintain, and operate centralized microphotography lab facilities and
quality control for the state;
(g) provide staff and support services to the Records Management Committee created
in Section 
63A-12-112
 and the State Records Committee created in Section 
63G-2-501
;
(h) develop training programs to assist records officers and other interested officers and
employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
Government Records Access and Management Act;
(i) provide access to public records deposited in the archives;
(j) administer and maintain the Utah Public Notice Website established under Section
[
63F-1-701
] 
63A-12-201
;
(k) provide assistance to any governmental entity in administering this chapter and
Title 63G, Chapter 2, Government Records Access and Management Act;
(l) prepare forms for use by all governmental entities for a person requesting access to
a record; and
(m) if the department operates the Division of Archives and Records Service as an
internal service fund agency in accordance with Section 
63A-1-109.5
, submit to the Rate
Committee established in Section 
63A-1-114
:
(i) the proposed rate and fee schedule as required by Section 
63A-1-114
; and
(ii) other information or analysis requested by the Rate Committee.
(3) The state archives may:
(a) establish a report and directives management program; and
(b) establish a forms management program.
(4) The executive director of the Department of Administrative Services may direct the
state archives to administer other functions or services consistent with this chapter and Title
63G, Chapter 2, Government Records Access and Management Act.
Section 126. Section 
63A-12-114
 is enacted to read:
 63A-12-114.
Utah Open Records Portal Website.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(b) "Website" means the Utah Open Records Portal Website created in this section.
(2) There is created the Utah Open Records Portal Website to be administered by the
division.
(3) Unless otherwise provided by a governmental entity, the website shall serve as an
additional point of access for requests for records under Title 63G, Chapter 2, Government
Records Access and Management Act.
(4) The division is responsible for:
(a) establishing and maintaining the website, with the technical assistance of the
Department of Technology Services, including the provision of equipment, resources, and
personnel as necessary;
(b) providing a mechanism for governmental entities to gain access to the website for
the purpose of posting, modifying, and maintaining records; and
(c) maintaining an archive of all records posted to the website.
(5) The timing for posting and the content of records posted to the website is the
responsibility of the governmental entity posting the record.
Section 127. Section 
63A-12-201
, which is renumbered from Section 63F-1-701 is
renumbered and amended to read:
[
63F-1-701
].
 63A-12-201.
Utah Public Notice Website -- Establishment
and administration.
(1) As used in this part:
(a) "Division" means the Division of Archives and Records Service of the Department
of Administrative Services.
(b) "Executive board" means the same as that term is defined in Section 
67-1-2.5
.
(c) "Public body" means the same as that term is defined in Section 
52-4-103
.
(d) "Public information" means a public body's public notices, minutes, audio
recordings, and other materials that are required to be posted to the website under Title 52,
Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
(e) "Website" means the Utah Public Notice Website created under this section.
(2) There is created the Utah Public Notice Website to be administered by the
[
Division of Archives and Records Service
] 
division
.
(3) The website shall consist of an Internet website provided to assist the public to find
posted public information.
(4) The division, with the technical assistance of the Department of Technology
Services, shall create the website that shall:
(a) allow a public body, or other certified entity, to easily post any public information,
including the contact information required under Subsections 
17B-1-303
(9) and
17D-1-106
(1)(b)(ii);
(b) allow the public to easily search the public information by:
(i) public body name;
(ii) date of posting of the notice;
(iii) date of any meeting or deadline included as part of the public information; and
(iv) any other criteria approved by the division;
(c) allow the public to easily search and view past, archived public information;
(d) allow an individual to subscribe to receive updates and notices associated with a
public body or a particular type of public information;
[
(e) be easily accessible by the public from the State of Utah home page;
]
[
(f)
] 
(e)
 have a unique and simplified website address;
[
(g)
] 
(f)
 be directly accessible via a link from the main page of the official state
website; [
and
]
[
(h)
] 
(g)
 include other links, features, or functionality that will assist the public in
obtaining and reviewing public information posted on the website, as may be approved by the
division[
.
]
; and
(h) be guided by the principles described in Subsection 
63A-16-202
(2).
(5) (a) Subject to Subsection (5)(b), the division and the governor's office shall
coordinate to ensure that the website, the database described in Section 
67-1-2.5
, and the
website described in Section 
67-1-2.5
 automatically share appropriate information in order to
ensure that:
(i) an individual who subscribes to receive information under Subsection (4)(d) for an
executive board automatically receives notifications of vacancies on the executive board that
will be publicly filled, including a link to information regarding how an individual may apply
to fill the vacancy; and
(ii) an individual who accesses an executive board's information on the website has
access to the following through the website:
(A) the executive board's information in the database, except an individual's physical
address, e-mail address, or phone number; and
(B) the portal described in Section 
67-1-2.5
 through which an individual may provide
input on an appointee to, or member of, the executive board.
(b) The division and the governor's office shall comply with Subsection (5)(a) as soon
as reasonably possible within existing funds appropriated to the division and the governor's
office.
(6) Before August 1 of each year, the division shall:
(a) identify each executive board that is a public body that did not submit to the
website a notice of a public meeting during the previous fiscal year; and
(b) report the name of each identified executive board to the governor's boards and
commissions administrator.
(7) The division is responsible for:
(a) establishing and maintaining the website, including the provision of equipment,
resources, and personnel as is necessary;
(b) providing a mechanism for public bodies or other certified entities to have access to
the website for the purpose of posting and modifying public information; and
(c) maintaining an archive of all public information posted to the website.
(8) A public body is responsible for the content the public body is required to post to
the website and the timing of posting of that information.
Section 128. Section 
63A-12-202
, which is renumbered from Section 63F-1-702 is
renumbered and amended to read:
[
63F-1-702
].
 63A-12-202.
Notice and training by the Division of Archives
and Records Service.
(1) The division shall provide notice of the provisions and requirements of this chapter
to all public bodies that are subject to the provision of Subsection 
52-4-202
(3)(a)(ii).
(2) The division shall, as necessary, provide periodic training on the use of the [
Utah
Public Notice Website
] 
website
 to public bodies that are authorized to post notice on the
website.
Section 129. Section 
63A-16-101
 is enacted to read:
CHAPTER 16. UTAH TRANSPARENCY ADVISORY BOARD
Part 1. General Provisions
 63A-16-101.
Title.
This chapter is known as the "Utah Transparency Advisory Board."
Section 130. Section 
63A-16-102
 is enacted to read:
 63A-16-102.
Definitions.
As used in this chapter:
(1) "Board" means the Utah Transparency Advisory Board created in Section
63A-16-201
.
(2) "Public information" means the same as that term is defined in Section 
63F-1-108
.
(3) "Public information website" means:
(a) the website established by the State Board of Education in accordance with
Subsection 
53E-5-211
(1);
(b) the Utah Open Records Portal Website created in Section 
63A-12-114
;
(c) the Utah Public Notice Website created in Section 
63A-12-201
;
(d) the Utah Open Data Portal Website created in Section 
63F-1-108
; or
(e) the public finance website established by the state auditor in accordance with
Section 
67-3-12
.
Section 131. Section 
63A-16-201
, which is renumbered from Section 63A-1-203 is
renumbered and amended to read:
Part 2. Creation and Duties
[
63A-1-203
].
 63A-16-201.
Utah Transparency Advisory Board -- Creation
-- Membership -- Duties.
(1) There is created within the department the Utah Transparency Advisory Board
comprised of members knowledgeable about public finance or providing public access to
public information.
(2) The board consists of:
(a) the state auditor or the state auditor's designee;
(b) an individual appointed by the executive director of the department;
(c) an individual appointed by the executive director of the Governor's Office of
Management and Budget;
[
(d) an individual appointed by the governor on advice from the Legislative Fiscal
Analyst;
]
[
(e) one member of the Senate, appointed by the governor on advice from the president
of the Senate;
]
[
(f) one member of the House of Representatives, appointed by the governor on advice
from the speaker of the House of Representatives;
]
[
(g) an individual appointed by the director of the Department of Technology
Services;
]
[
(h) the director of the Division of Archives and Records Service created in Section
63A-12-101
 or the director's designee;
]
[
(i) an individual who is a member of the State Records Committee created in Section
63G-2-501
, appointed by the governor;
]
[
(j) an individual representing counties, appointed by the governor;
]
[
(k) an individual representing municipalities, appointed by the governor;
]
[
(l) an individual representing special districts, appointed by the governor;
]
[
(m) an individual representing the State Board of Education, appointed by the State
Board of Education; and
]
[
(n) one individual who is a member of the public and who has knowledge, expertise,
or experience in matters relating to the board's duties under Subsection (10), appointed by the
board members identified in Subsections (2)(a) through (m).
]
[
(3) The board shall:
]
[
(a) advise the state auditor and the department on matters related to the
implementation and administration of this part;
]
[
(b) develop plans, make recommendations, and assist in implementing the provisions
of this part;
]
[
(c) determine what public financial information shall be provided by a participating
state entity, independent entity, and participating local entity, if the public financial
information:
]
[
(i) only includes records that:
]
[
(A) are classified as public under Title 63G, Chapter 2, Government Records Access
and Management Act, or, subject to any specific limitations and requirements regarding the
provision of financial information from the entity described in Section 
63A-1-202
, if an entity
is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
records that would normally be classified as public if the entity were not exempt from Title
63G, Chapter 2, Government Records Access and Management Act;
]
[
(B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
revenues, regardless of the source; and
]
[
(C) are owned, held, or administered by the participating state entity, independent
entity, or participating local entity that is required to provide the record; and
]
[
(ii) is of the type or nature that should be accessible to the public via a website based
on considerations of:
]
[
(A) the cost effectiveness of providing the information;
]
[
(B) the value of providing the information to the public; and
]
[
(C) privacy and security considerations;
]
[
(d) evaluate the cost effectiveness of implementing specific information resources and
features on the website;
]
[
(e) require participating local entities to provide public financial information in
accordance with the requirements of this part, with a specified content, reporting frequency,
and form;
]
[
(f) require an independent entity's website or a participating local entity's website to be
accessible by link or other direct route from the Utah Public Finance Website if the
independent entity or participating local entity does not use the Utah Public Finance Website;
]
[
(g) determine the search methods and the search criteria that shall be made available
to the public as part of a website used by an independent entity or a participating local entity
under the requirements of this part, which criteria may include:
]
[
(i) fiscal year;
]
[
(ii) expenditure type;
]
[
(iii) name of the agency;
]
[
(iv) payee;
]
[
(v) date; and
]
[
(vi) amount; and
]
[
(h) analyze ways to improve the information on the Utah Public Finance Website so
the information is more relevant to citizens, including through the use of:
]
[
(i) infographics that provide more context to the data; and
]
[
(ii) geolocation services, if possible.
]
(d) an individual appointed by the executive director of the Department of Technology
Services;
(e) the director of the Division of Archives and Records Service created in Section
63A-12-101
 or the director's designee;
(f) an individual representing the State Board of Education, appointed by the State
Board of Education;
(g) the following individuals appointed by the governor:
(i) an individual recommended by the Office of the Legislative Fiscal Analyst;
(ii) one member of the Senate, recommended by the president of the Senate;
(iii) one member of the House of Representatives, recommended by the speaker of the
House of Representatives;
(iv) an individual who is a member of the State Records Committee created in Section
63G-2-501
;
(v) an individual representing counties;
(vi) an individual representing municipalities; and
(vii) an individual representing special districts; and
(h) one individual who is a member of the public and who has knowledge, expertise, or
experience in matters relating to the board's duties under Section 
63A-16-202
, appointed by the
board members identified in Subsections (2)(a) through (g).
[
(4)
] 
(3)
 Every two years, the board shall elect a chair and a vice chair from its
members.
[
(5)
] 
(4)
 (a) Each member shall serve a four-year term.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for a four-year term.
[
(6)
] 
(5)
 To accomplish its duties, the board shall meet as it determines necessary.
[
(7)
] 
(6)
 Reasonable notice shall be given to each member of the board before any
meeting.
[
(8)
] 
(7)
 A majority of the board constitutes a quorum for the transaction of business.
[
(9)
] 
(8)
 (a) A member who is not a legislator may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
[
(10) (a) As used in Subsections (10) and (11):
]
[
(i) "Information website" means a single Internet website containing public
information or links to public information.
]
[
(ii) "Public information" means records of state government, local government, or an
independent entity that are classified as public under Title 63G, Chapter 2, Government
Records Access and Management Act, or, subject to any specific limitations and requirements
regarding the provision of financial information from the entity described in Section
63A-1-202
, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
Management Act, records that would normally be classified as public if the entity were not
exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
]
[
(b) The board shall:
]
[
(i) study the establishment of an information website and develop recommendations
for its establishment;
]
[
(ii) develop recommendations about how to make public information more readily
available to the public through the information website;
]
[
(iii) develop standards to make uniform the format and accessibility of public
information posted to the information website; and
]
[
(iv) identify and prioritize public information in the possession of a state agency or
political subdivision that may be appropriate for publication on the information website.
]
[
(c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
principles that encourage:
]
[
(i) (A) the establishment of a standardized format of public information that makes the
information more easily accessible by the public;
]
[
(B) the removal of restrictions on the reuse of public information;
]
[
(C) minimizing limitations on the disclosure of public information while appropriately
safeguarding sensitive information; and
]
[
(D) balancing factors in favor of excluding public information from an information
website against the public interest in having the information accessible on an information
website;
]
[
(ii) (A) permanent, lasting, open access to public information; and
]
[
(B) the publication of bulk public information;
]
[
(iii) the implementation of well-designed public information systems that ensure data
quality, create a public, comprehensive list or index of public information, and define a process
for continuous publication of and updates to public information;
]
[
(iv) the identification of public information not currently made available online and
the implementation of a process, including a timeline and benchmarks, for making that public
information available online; and
]
[
(v) accountability on the part of those who create, maintain, manage, or store public
information or post it to an information website.
]
[
(d) The department shall implement the board's recommendations, including the
establishment of an information website, to the extent that implementation:
]
[
(i) is approved by the Legislative Management Committee;
]
[
(ii) does not require further legislative appropriation; and
]
[
(iii) is within the department's existing statutory authority.
]
[
(11) The department shall, in consultation with the board and as funding allows,
modify the information website described in Subsection (10) to:
]
[
(a) by January 1, 2015, serve as a point of access for Government Records Access and
Management requests for executive agencies;
]
[
(b) by January 1, 2016, serve as a point of access for Government Records Access and
Management requests for:
]
[
(i) school districts;
]
[
(ii) charter schools;
]
[
(iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
District Act;
]
[
(iv) counties; and
]
[
(v) municipalities;
]
[
(c) by January 1, 2017, serve as a point of access for Government Records Access and
Management requests for:
]
[
(i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
Districts; and
]
[
(ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
]
[
(d) except as provided in Subsection (12)(a), provide link capabilities to other existing
repositories of public information, including maps, photograph collections, legislatively
required reports, election data, statute, rules, regulations, and local ordinances that exist on
other agency and political subdivision websites;
]
[
(e) provide multiple download options in different formats, including nonproprietary,
open formats where possible;
]
[
(f) provide any other public information that the board, under Subsection (10),
identifies as appropriate for publication on the information website; and
]
[
(g) incorporate technical elements the board identifies as useful to a citizen using the
information website.
]
[
(12) (a) The department, in consultation with the board, shall establish by rule any
restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
the website described in Subsection (10) if the inclusion would pose a potential security
concern.
]
[
(b) The website described in Subsection (10) may not publish any record that is
classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
Access and Management Act.
]
(9) The department shall provide staff support for the board.
Section 132. Section 
63A-16-202
 is enacted to read:
 63A-16-202.
Utah Transparency Advisory Board -- Duties.
(1) (a) The board shall advise and assist:
(i) the state auditor regarding the Public Finance Website established by the state
auditor in accordance with Section 
67-3-12
;
(ii) the Department of Technology Services regarding the Utah Open Data Portal
Website created in Section 
63F-1-108
;
(iii) the Division of Archives and Records Service regarding:
(A) the Utah Open Records Portal Website created in Section 
63A-12-114
; and
(B) the Utah Public Notice Website created in Section 
63A-12-201
; and
(iv) the State Board of Education regarding the website required under Subsection
53E-5-211
(1).
(b) In providing advice and assistance under Subsection (1)(a), the board may:
(i) develop recommendations on how to make public information more readily
available to the public through a public information website;
(ii) develop standards to make uniform the format and accessibility of public
information posted to a public information website; and
(iii) identify and prioritize public information that may be appropriate for publication
on a public information website.
(2) In fulfilling the board's duties under Subsection (1), the board shall follow
principles that encourage:
(a) the establishment of a standardized format of public information that makes the
information posted to a public information website more easily accessible by the public;
(b) the removal of restrictions on the reuse of public information;
(c) balancing the following:
(i) factors in favor of excluding public information from a public information website;
and
(ii) the public interest in having the public information accessible through a public
information website;
(d) permanent, lasting, open access to public information;
(e) the bulk publication of public information;
(f) the implementation of well-designed public information systems that:
(i) ensure data quality;
(ii) create a public, comprehensive list or index of public information; and
(iii) define a process for continuous publication of public information, including
updates to available public information;
(g) the identification of public information not currently available on a public
information website and the implementation of a process, including a timeline and benchmarks,
for making that public information available; and
(h) accountability on the part of the persons who create, maintain, manage, or store
public information or post public information to a public information website.
Section 133. Section 
63E-2-109
 is amended to read:
63E-2-109.
State statutes.
(1) Except as specifically modified in its authorizing statute, each independent
corporation shall be exempt from the statutes governing state agencies, including:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 51, Chapter 7, State Money Management Act;
(c) [
except as provided in Subsection (2),
] Title 63A, Utah Administrative Services
Code;
(d) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(e) Title 63G, Chapter 4, Administrative Procedures Act;
(f) Title 63G, Chapter 6a, Utah Procurement Code;
(g) Title 63J, Chapter 1, Budgetary Procedures Act;
(h) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
(i) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) Except as specifically modified in its authorizing statute, each independent
corporation shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
; and
(c) Title 63G, Chapter 2, Government Records Access and Management Act.
(3) Each independent corporation board may adopt its own policies and procedures
governing its:
(a) funds management;
(b) audits; and
(c) personnel.
Section 134. Section 
63F-1-108
 is enacted to read:
 63F-1-108.
Utah Open Data Portal Website.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(b) "Public information" means:
(i) a record of a state governmental entity, a local governmental entity, or an
independent entity that is classified as public under Title 63G, Chapter 2, Government Records
Access and Management Act; or
(ii) subject to any specific limitations and requirements regarding the provision of
financial information from the entity under Section 
67-3-12
, for an entity that is exempt from
Title 63G, Chapter 2, Government Records Access and Management Act, records that would
normally be classified as public if the entity were not exempt from Title 63G, Chapter 2,
Government Records Access and Management Act.
(c) "Private, controlled, or protected information" means information classified as
private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
Management Act.
(d) "Website" means the Utah Open Data Portal Website created in this section.
(2) There is created the Utah Open Data Portal Website to be administered by the
department.
(3) The website shall serve as a point of access for public information.
(4) The department shall:
(a) establish and maintain the website, guided by the principles described in Subsection
63A-16-202
(2);
(b) provide equipment, resources, and personnel as needed to establish and maintain
the website;
(c) provide a mechanism for a governmental entity to gain access to the website for the
purpose of posting and modifying public information; and
(d) maintain an archive of all public information posted to the website.
(5) The timing for posting and the content of the public information posted to the
website is the responsibility of the governmental entity posting the public information.
(6) A governmental entity may not post private, controlled, or protected information to
the website.
(7) A person who negligently discloses private, controlled, or protected information is
not criminally or civilly liable for improper disclosure of the information if the information is
disclosed solely as a result of the preparation or publication of the website.
Section 135. Section 
63G-4-107
 is amended to read:
63G-4-107.
Petition to remove agency action from public access.
(1) An individual may petition the agency that maintains, on a state-controlled website
available to the public, a record of administrative disciplinary action, to remove the record of
administrative disciplinary action from public access on the state-controlled website, if:
(a) (i) five years have passed since:
(A) the date the final order was issued; or
(B) if no final order was issued, the date the administrative disciplinary action was
commenced; or
(ii) the individual has obtained a criminal expungement order under Title 77, Chapter
40, Utah Expungement Act, for the individual's criminal records related to the same incident or
conviction upon which the administrative disciplinary action was based;
(b) the individual has successfully completed all action required by the agency relating
to the administrative disciplinary action within the time frame set forth in the final order, or if
no time frame is specified in the final order, within the time frame set forth in Title 63G,
Chapter 4, Administrative Procedures Act;
(c) from the time that the original administrative disciplinary action was filed, the
individual has not violated the same statutory provisions or administrative rules related to those
statutory provisions that resulted in the original administrative disciplinary action; and
(d) the individual pays an application fee determined by the agency in accordance with
Section 
63J-1-504
.
(2) The individual petitioning the agency under Subsection (1) shall provide the agency
with a written request containing the following information:
(a) the petitioner's full name, address, telephone number, and date of birth;
(b) the information the petitioner seeks to remove from public access; and
(c) an affidavit certifying that the petitioner is in compliance with the provisions of
Subsection (1).
(3) Within 30 days of receiving the documents and information described in
Subsection (2):
(a) the agency shall review the petition and all documents submitted with the petition
to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
(b) if the agency determines that the petitioner has met the requirements of Subsections
(1) and (2), the agency shall immediately remove the record of administrative disciplinary
action from public access on the state-controlled website.
(4) Notwithstanding the provisions of Subsection (3), an agency is not required to
remove a recording, written minutes, or other electronic information from the Utah Public
Notice Website, created under Section [
63F-1-701
] 
63A-12-201
, if the recording, written
minutes, or other electronic information is required to be available to the public on the Utah
Public Notice Website under the provisions of Title 52, Chapter 4, Open and Public Meetings
Act.
Section 136. Section 
63G-9-303
 is amended to read:
63G-9-303.
Meeting to examine claims -- Notice of meeting.
(1) At least 60 days preceding the annual general session of the Legislature, the board
shall hold a session for the purpose of examining the claims referred to in Section 
63G-9-302
,
and may adjourn from time to time until the work is completed.
(2) The board shall cause notice of such meeting or meetings to be published on the
Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
.
Section 137. Section 
63H-1-701
 is amended to read:
63H-1-701.
Annual authority budget -- Fiscal year -- Public hearing required --
Auditor forms -- Requirement to file form.
(1) The authority shall prepare and its board adopt an annual budget of revenues and
expenditures for the authority for each fiscal year.
(2) Each annual authority budget shall be adopted before June 30.
(3) The authority's fiscal year shall be the period from July 1 to the following June 30.
(4) (a) Before adopting an annual budget, the authority board shall hold a public
hearing on the annual budget.
(b) The authority shall provide notice of the public hearing on the annual budget by
publishing notice:
(i) at least once in a newspaper of general circulation within the state, one week before
the public hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
at least one week immediately before the public hearing.
(c) The authority shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each authority budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
authority personnel.
(6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
copy of the annual budget with the auditor of each county in which a project area of the
authority is located, the State Tax Commission, the state auditor, the State Board of Education,
and each taxing entity that levies a tax on property from which the authority collects property
tax allocation.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
state as a taxing entity is met if the authority files a copy with the State Tax Commission and
the state auditor.
Section 138. Section 
63H-2-502
 is amended to read:
63H-2-502.
Annual authority budget -- Auditor forms -- Requirement to file
form.
(1) (a) The authority shall prepare an annual budget of revenues and expenditures for
the authority for each fiscal year.
(b) Before June 30 of each year and subject to the other provisions of this section, the
board shall adopt an annual budget of revenues and expenditures of the authority for the
immediately following fiscal year.
(2) (a) Before adopting an annual budget, the board shall hold a public hearing on the
annual budget.
(b) Before holding the public hearing required by this Subsection (2), the board shall
post notice of the public hearing on the Utah Public Notice Website created under Section
[
63F-1-701
] 
63A-12-201
 no less than 14 days before the day on which the public hearing is to
be held.
(3) The state auditor shall prescribe the budget forms and the categories to be contained
in each annual budget of the authority, including:
(a) revenues and expenditures for the budget year;
(b) the outstanding bonds and related expenses;
(c) legal fees; and
(d) administrative costs, including:
(i) rent;
(ii) supplies;
(iii) other materials; and
(iv) salaries of authority personnel.
(4) Within 30 days after adopting an annual budget, the board shall file a copy of the
annual budget with:
(a) the State Tax Commission; and
(b) the state auditor.
(5) (a) Subject to Subsection (5)(b), the board may by resolution amend an annual
budget of the authority.
(b) The board may make an amendment of an annual budget that would increase total
expenditures of the authority only after:
(i) holding a public hearing; and
(ii) before holding the public hearing required by this Subsection (5)(b), posting notice
of the public hearing on the Utah Public Notice Website created under Section [
63F-1-701
]
63A-12-201
 no less than 14 days before the day on which the public hearing is to be held.
(6) The authority may not make expenditures in excess of the total expenditures
established in the annual budget as it is adopted or amended.
Section 139. Section 
63H-4-108
 is amended to read:
63H-4-108.
Relation to certain acts -- Participation in Risk Management Fund.
(1) The authority is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) [
except as provided in Subsection (2)(b),
] Title 63A, Utah Administrative Services
Code;
(c) Title 63J, Chapter 1, Budgetary Procedures Act; and
(d) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The authority is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
;
(c) Title 63G, Chapter 2, Government Records Access and Management Act; and
(d) Title 63G, Chapter 6a, Utah Procurement Code.
(3) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3,
Auditor, and by the legislative auditor general pursuant to Section 
36-12-15
.
(4) Subject to the requirements of Subsection 
63E-1-304
(2), the authority may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.
Section 140. Section 
63H-5-108
 is amended to read:
63H-5-108.
Relation to certain acts.
(1) The authority is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) [
except as provided in Subsection (2)(b),
] Title 63A, Utah Administrative Services
Code;
(c) Title 63J, Chapter 1, Budgetary Procedures Act; and
(d) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The authority is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
;
(c) Title 63G, Chapter 2, Government Records Access and Management Act;
(d) Title 63G, Chapter 6a, Utah Procurement Code; and
(e) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
legislative auditor general pursuant to Section 
36-12-15
.
Section 141. Section 
63H-6-103
 is amended to read:
63H-6-103.
Utah State Fair Corporation -- Legal status -- Powers.
(1) There is created an independent public nonprofit corporation known as the "Utah
State Fair Corporation."
(2) The board shall file articles of incorporation for the corporation with the Division
of Corporations and Commercial Code.
(3) The corporation, subject to this chapter, has all powers and authority permitted
nonprofit corporations by law.
(4) The corporation shall:
(a) manage, supervise, and control:
(i) all activities relating to the annual exhibition described in Subsection (4)(j); and
(ii) except as otherwise provided by statute, all state expositions, including setting the
time, place, and purpose of any state exposition;
(b) for public entertainment, displays, and exhibits or similar events:
(i) provide, sponsor, or arrange the events;
(ii) publicize and promote the events; and
(iii) secure funds to cover the cost of the exhibits from:
(A) private contributions;
(B) public appropriations;
(C) admission charges; and
(D) other lawful means;
(c) acquire and designate exposition sites;
(d) use generally accepted accounting principles in accounting for the corporation's
assets, liabilities, and operations;
(e) seek corporate sponsorships for the state fair park or for individual buildings or
facilities within the fair park;
(f) work with county and municipal governments, the Salt Lake Convention and
Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
expositions and the use of the state fair park;
(g) develop and maintain a marketing program to promote expositions and the use of
the state fair park;
(h) in accordance with provisions of this part, operate and maintain the state fair park,
including the physical appearance and structural integrity of the state fair park and the
buildings located at the state fair park;
(i) prepare an economic development plan for the state fair park;
(j) hold an annual exhibition that:
(i) is called the state fair or a similar name;
(ii) promotes and highlights agriculture throughout the state;
(iii) includes expositions of livestock, poultry, agricultural, domestic science,
horticultural, floricultural, mineral and industrial products, manufactured articles, and domestic
animals that, in the corporation's opinion will best stimulate agricultural, industrial, artistic, and
educational pursuits and the sharing of talents among the people of Utah;
(iv) includes the award of premiums for the best specimens of the exhibited articles
and animals;
(v) permits competition by livestock exhibited by citizens of other states and territories
of the United States; and
(vi) is arranged according to plans approved by the board;
(k) fix the conditions of entry to the annual exhibition described in Subsection (4)(j);
and
(l) publish a list of premiums that will be awarded at the annual exhibition described in
Subsection (4)(j) for the best specimens of exhibited articles and animals.
(5) In addition to the annual exhibition described in Subsection (4)(j), the corporation
may hold other exhibitions of livestock, poultry, agricultural, domestic science, horticultural,
floricultural, mineral and industrial products, manufactured articles, and domestic animals that,
in the corporation's opinion, will best stimulate agricultural, industrial, artistic, and educational
pursuits and the sharing of talents among the people of Utah.
(6) The corporation may:
(a) employ advisers, consultants, and agents, including financial experts and
independent legal counsel, and fix their compensation;
(b) (i) participate in the state's Risk Management Fund created under Section
63A-4-201
; or
(ii) procure insurance against any loss in connection with the corporation's property
and other assets, including mortgage loans;
(c) receive and accept aid or contributions of money, property, labor, or other things of
value from any source, including any grants or appropriations from any department, agency, or
instrumentality of the United States or Utah;
(d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
purposes of the corporation, subject to the conditions, if any, upon which the aid and
contributions were made;
(e) enter into management agreements with any person or entity for the performance of
the corporation's functions or powers;
(f) establish whatever accounts and procedures as necessary to budget, receive, and
disburse, account for, and audit all funds received, appropriated, or generated;
(g) subject to Subsection (8), lease any of the facilities at the state fair park;
(h) sponsor events as approved by the board; and
(i) enter into one or more agreements to develop the state fair park.
(7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
corporation is exempt from:
(i) Title 51, Chapter 5, Funds Consolidation Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah Administrative Services Code;
(iv) Title 63J, Chapter 1, Budgetary Procedures Act; and
(v) Title 67, Chapter 19, Utah State Personnel Management Act.
(b) The board shall adopt policies parallel to and consistent with:
(i) Title 51, Chapter 5, Funds Consolidation Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah Administrative Services Code; and
(iv) Title 63J, Chapter 1, Budgetary Procedures Act.
(c) The corporation shall comply with:
(i) Title 52, Chapter 4, Open and Public Meetings Act;
(ii) Title 63G, Chapter 2, Government Records Access and Management Act;
(iii) the provisions of [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
]
Section 
67-3-12
;
(iv) Title 63G, Chapter 6a, Utah Procurement Code, except for a procurement for:
(A) entertainment provided at the state fair park;
(B) judges for competitive exhibits; or
(C) sponsorship of an event at the state fair park; and
(v) the legislative approval requirements for new facilities established in Section
63A-5b-404
.
(8) (a) Before the corporation executes a lease described in Subsection (6)(g) with a
term of 10 or more years, the corporation shall:
(i) submit the proposed lease to the State Building Board for the State Building Board's
approval or rejection; and
(ii) if the State Building Board approves the proposed lease, submit the proposed lease
to the Executive Appropriations Committee for the Executive Appropriation Committee's
review and recommendation in accordance with Subsection (8)(b).
(b) The Executive Appropriations Committee shall review a proposed lease submitted
in accordance with Subsection (8)(a) and recommend to the corporation that the corporation:
(i) execute the proposed sublease; or
(ii) reject the proposed sublease.
Section 142. Section 
63H-7a-104
 is amended to read:
63H-7a-104.
Relation to certain acts.
(1) The authority is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) [
except as provided in Subsection (2)(b),
] Title 63A, Utah Administrative Services
Code;
(c) Title 63J, Chapter 1, Budgetary Procedures Act; and
(d) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The authority is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
;
(c) Title 63G, Chapter 2, Government Records Access and Management Act; and
(d) Title 63G, Chapter 6a, Utah Procurement Code.
Section 143. Section 
63H-7a-803
 is amended to read:
63H-7a-803.
Relation to certain acts -- Participation in Risk Management Fund.
(1) The Utah Communications Authority is exempt from:
(a) except as provided in Subsection (3), Title 63A, Utah Administrative Services
Code;
(b) Title 63G, Chapter 4, Administrative Procedures Act; and
(c) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) (a) The board shall adopt budgetary procedures, accounting, and personnel and
human resource policies substantially similar to those from which they have been exempted in
Subsection (1).
(b) The authority, the board, and the committee members are subject to Title 67,
Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(c) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act.
(d) The authority is subject to Title 63G, Chapter 6a, Utah Procurement Code.
(e) The authority is subject to Title 63J, Chapter 1, Budgetary Procedures Act, only
with respect to money appropriated to the authority by the Legislature.
(3) (a) Subject to the requirements of Subsection 
63E-1-304
(2), the administration may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.
(b) The authority is subject to [
Title 63A, Chapter 1, Part 2, Utah Public Finance
Website
] 
Section 
67-3-12
.
Section 144. Section 
63H-8-204
 is amended to read:
63H-8-204.
Relation to certain acts.
(1) The corporation is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 51, Chapter 7, State Money Management Act;
(c) [
except as provided in Subsection (2),
] Title 63A, Utah Administrative Services
Code;
(d) Title 63G, Chapter 6a, Utah Procurement Code;
(e) Title 63J, Chapter 1, Budgetary Procedures Act;
(f) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
(g) Title 67, Chapter 19, Utah State Personnel Management Act.
(2) The corporation shall comply with:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) [
Title 63A, Chapter 1, Part 2, Utah Public Finance Website
] 
Section 
67-3-12
; and
(c) Title 63G, Chapter 2, Government Records Access and Management Act.
Section 145. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
[
(a) Subsection 
63A-1-201
(1) is repealed;
]
[
(b) Subsection 
63A-1-202
(2)(c), the language "using criteria established by the board"
is repealed;
]
[
(c) Section 
63A-1-203
 is repealed;
]
[
(d) Subsections 
63A-1-204
(1) and (2), the language "After consultation with the
board, and" is repealed; and
]
[
(e) Subsection 
63A-1-204
(1)(b), the language "using the standards provided in
Subsection 
63A-1-203
(3)(c)" is repealed.
]
(a) Section 
63A-16-102
 is repealed;
(b) Section 
63A-16-201
 is repealed; and
(c) Section 
63A-16-202
 is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
(11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
(14), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
(58), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(58), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(5), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
(25), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) Subsection 
63J-4-608
(3), which creates the Federal Land Application Advisory
Committee, is repealed on July 1, 2021.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
(27) Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is repealed
January 1, 2023.
(28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
(29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(30) Section 
63N-2-512
 is repealed July 1, 2021.
(31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(32) Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1, 2023.
(33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2023.
(34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2025.
(35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2023.
(36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2023.
Section 146. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
[
(1) On July 1, 2020:
]
[
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
]
[
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
]
[
(2)
] 
(1)
 Section 
63A-3-111
 is repealed June 30, 2021.
[
(3)
] 
(2)
 Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2021.
[
(4)
] 
(3)
 Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
[
(5)
] 
(4)
 The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
[
(6)
] 
(5)
 Subsections 
63G-6a-802
(1)(d) and 
63G-6a-802
(3)(b)(iii), regarding a
procurement relating to a vice presidential debate, are repealed January 1, 2021.
[
(7)
] 
(6)
 In relation to the State Fair Park Committee, on January 1, 2021:
(a) Section 
63H-6-104.5
 is repealed; and
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
[
(8)
] 
(7)
 Section 
63H-7a-303
 is repealed July 1, 2024.
[
(9)
] 
(8)
 Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed July 1, 2021.
[
(10)
] 
(9)
 In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
(57) is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
[
(11)
] 
(10)
 Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot
Program Act, is repealed January 1, 2022.
[
(12)
] 
(11)
 Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed on January 1, 2023.
[
(13)
] 
(12)
 Subsection 
63N-12-508
(3) is repealed December 31, 2021.
[
(14)
] 
(13)
 Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act,
is repealed January 1, 2024.
[
(15)
] 
(14)
 Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
repealed December 31, 2021.
Section 147. Section 
63M-4-402
 is amended to read:
63M-4-402.
In-state generator need -- Merchant electric transmission line.
(1) As used in this section:
(a) "Capacity allocation process" means the process outlined by the Federal Energy
Regulatory Commission in its final policy statement dated January 17, 2013, "Allocation of
Capacity on New Merchant Transmission Projects and New Cost-Based, Participant-Funded
Transmission Projects, Priority Rights to New Participant-Funded Transmission," 142 F.E.R.C.
P61,038 (2013).
(b) "Certificate of in-state need" means a certificate issued by the office in accordance
with this section identifying an in-state generator that meets the requirements and qualifications
of this section.
(c) "Expression of need" means a document prepared and submitted to the office by an
in-state merchant generator that describes or otherwise documents the transmission needs of
the in-state merchant generator in conformance with the requirements of this section.
(d) "In-state merchant generator" means an electric power provider that generates
power in Utah and does not provide service to retail customers within the boundaries of Utah.
(e) "Merchant electric transmission line" means a transmission line that does not
provide electricity to retail customers within the boundaries of Utah.
(f) "Office" means the Office of Energy Development established in Section
63M-4-401
.
(g) "Open solicitation notice" means a document prepared and submitted to the office
by a merchant electric transmission line regarding the commencement of the line's open
solicitation in compliance with 142 F.E.R.C. P61,038 (2013).
(2) As part of the capacity allocation process, a merchant electric transmission line
shall file an open solicitation notice with the office containing a description of the merchant
electric transmission line, including:
(a) the proposed capacity;
(b) the location of potential interconnection for in-state merchant generators;
(c) the planned date for commencement of construction; and
(d) the planned commercial operations date.
(3) Upon receipt of the open solicitation notice, the office shall:
(a) publish the notice on the Utah Public Notice Website created under Section
[
63F-1-701
] 
63A-12-201
;
(b) include in the notice contact information; and
(c) provide the deadline date for submission of an expression of need.
(4) (a) In response to the open solicitation notice published by the office, and no later
than 30 days after publication of the notice, an in-state merchant generator may submit an
expression of need to the office.
(b) An expression of need submitted under Subsection (4)(a) shall include:
(i) a description of the in-state merchant generator; and
(ii) a schedule of transmission capacity requirement provided in megawatts, by point of
receipt and point of delivery and by operating year.
(5) No later than 60 days after notice is published under Subsection (3), the office shall
prepare a certificate of in-state need identifying the in-state merchant generators.
(6) Within five days of preparing the certificate of in-state need, the office shall:
(a) publish the certificate on the Utah Public Notice Website created under Section
[
63F-1-701
] 
63A-12-201
; and
(b) provide the certificate to the merchant electric transmission line for consideration in
the capacity allocation process.
(7) The merchant electric transmission line shall:
(a) provide the Federal Energy Regulatory Commission with a copy of the certificate of
in-state need; and
(b) certify that the certificate is being provided to the Federal Energy Regulatory
Commission in accordance with the requirements of this section, including a citation to this
section.
(8) At the conclusion of the capacity allocation process, and unless prohibited by a
contractual obligation of confidentiality, the merchant electric transmission line shall report to
the office whether a merchant in-state generator reflected on the certificate of in-state need has
entered into a transmission service agreement with the merchant electric transmission line.
(9) This section may not be interpreted to:
(a) create an obligation of a merchant electric transmission line to pay for, or construct
any portion of, the transmission line on behalf of an in-state merchant generator; or
(b) preempt, supersede, or otherwise conflict with Federal Energy Regulatory
Commission rules and regulations applicable to a commercial transmission agreement,
including agreements, or terms of agreements, as to cost, terms, transmission capacity, or key
rates.
(10) Subsections (2) through (9) do not apply to a project entity as defined in Section
11-13-103
.
Section 148. Section 
67-1-2.5
 is amended to read:
67-1-2.5.
Executive boards -- Database -- Governor's review of new boards.
(1) As used in this section:
(a) "Administrator" means the boards and commissions administrator designated under
Subsection (3).
(b) "Executive board" means an executive branch board, commission, council,
committee, working group, task force, study group, advisory group, or other body:
(i) with a defined limited membership;
(ii) that is created by the constitution, by statute, by executive order, by the governor,
lieutenant governor, attorney general, state auditor, or state treasurer or by the head of a
department, division, or other administrative subunit of the executive branch of state
government; and
(iii) that is created to operate for more than six months.
(2) (a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
following the year in which a new executive board is created in statute, the governor shall:
(i) review the executive board to evaluate:
(A) whether the executive board accomplishes a substantial governmental interest; and
(B) whether it is necessary for the executive board to remain in statute;
(ii) in the governor's review described in Subsection (2)(a)(i), consider:
(A) the funding required for the executive board;
(B) the staffing resources required for the executive board;
(C) the time members of the executive board are required to commit to serve on the
executive board; and
(D) whether the responsibilities of the executive board could reasonably be
accomplished through an existing entity or without statutory direction; and
(iii) submit a report to the Government Operations Interim Committee recommending
that the Legislature:
(A) repeal the executive board;
(B) add a sunset provision or future repeal date to the executive board;
(C) make other changes to make the executive board more efficient; or
(D) make no changes to the executive board.
(b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
deference to:
(i) reducing the size of government; and
(ii) making governmental programs more efficient and effective.
(c) The governor is not required to conduct the review or submit the report described in
Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
(3) (a) The governor shall designate a board and commissions administrator from the
governor's staff to maintain a computerized database containing information about all
executive boards.
(b) The administrator shall ensure that the database contains:
(i) the name of each executive board;
(ii) the current statutory or constitutional authority for the creation of the executive
board;
(iii) the sunset date on which each executive board's statutory authority expires;
(iv) the state officer or department and division of state government under whose
jurisdiction the executive board operates or with which the executive board is affiliated, if any;
(v) the name, address, gender, telephone number, and county of each individual
currently serving on the executive board, along with a notation of all vacant or unfilled
positions;
(vi) the title of the position held by the person who appointed each member of the
executive board;
(vii) the length of the term to which each member of the executive board was
appointed and the month and year that each executive board member's term expires;
(viii) whether members appointed to the executive board require the advice and
consent of the Senate;
(ix) the organization, interest group, profession, local government entity, or geographic
area that an individual appointed to an executive board represents, if any;
(x) the party affiliation of an individual appointed to an executive board, if the statute
or executive order creating the position requires representation from political parties;
(xi) whether each executive board is a policy board or an advisory board;
(xii) whether the executive board has or exercises rulemaking authority, or is a
rulemaking board as defined in Section 
63G-24-102
; and
(xiii) any compensation and expense reimbursement that members of the executive
board are authorized to receive.
(4) The administrator shall ensure the governor's website includes:
(a) the information contained in the database, except for an individual's:
(i) physical address;
(ii) email address; and
(iii) telephone number;
(b) a portal, accessible on each executive board's web page within the governor's
website, through which a member of the public may provide input on:
(i) an individual appointed to serve on the executive board; or
(ii) a sitting member of the executive board;
(c) each report the administrator receives under Subsection (5); and
(d) the summary report described in Subsection (6).
(5) (a) Before August 1, once every five years, beginning in calendar year 2024, each
executive board shall prepare and submit to the administrator a report that includes:
(i) the name of the executive board;
(ii) a description of the executive board's official function and purpose;
(iii) a description of the actions taken by the executive board since the last report the
executive board submitted to the administrator under this Subsection (5);
(iv) recommendations on whether any statutory, rule, or other changes are needed to
make the executive board more effective; and
(v) an indication of whether the executive board should continue to exist.
(b) The administrator shall compile and post the reports described in Subsection (5)(a)
to the governor's website before September 1 of a calendar year in which the administrator
receives a report described in Subsection (5)(a).
(6) (a) Before September 1 of a calendar year in which the administrator receives a
report described in Subsection (5)(a), the administrator shall prepare a report that includes:
(i) as of July 1 of that year, the total number of executive boards that exist;
(ii) a summary of the reports submitted to the administrator under Subsection (5),
including:
(A) a list of each executive board that submitted a report under Subsection (5);
(B) a list of each executive board that did not submit a report under Subsection (5);
(C) an indication of any recommendations made under Subsection (5)(a)(iv); and
(D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
executive board should no longer exist; and
(iii) a list of each executive board, identified and reported by the Division of Archives
and Record Services under Section [
63F-1-701
] 
63A-12-201
, that did not post a notice of a
public meeting on the [
public notice website
] 
Utah Public Notice Website
 during the previous
fiscal year.
(b) On or before September 1 of a calendar year in which the administrator prepares a
report described in Subsection (6)(a), in accordance with Section 
68-3-14
, the administrator
shall submit the report to:
(i) the president of the Senate;
(ii) the speaker of the House of Representatives; and
(iii) the Government Operations Interim Committee.
Section 149. Section 
67-3-1
 is amended to read:
67-3-1.
Functions and duties.
(1) (a) The state auditor is the auditor of public accounts and is independent of any
executive or administrative officers of the state.
(b) The state auditor is not limited in the selection of personnel or in the determination
of the reasonable and necessary expenses of the state auditor's office.
(2) The state auditor shall examine and certify annually in respect to each fiscal year,
financial statements showing:
(a) the condition of the state's finances;
(b) the revenues received or accrued;
(c) expenditures paid or accrued;
(d) the amount of unexpended or unencumbered balances of the appropriations to the
agencies, departments, divisions, commissions, and institutions; and
(e) the cash balances of the funds in the custody of the state treasurer.
(3) (a) The state auditor shall:
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of
any department of state government or any independent agency or public corporation as the law
requires, as the auditor determines is necessary, or upon request of the governor or the
Legislature;
(ii) perform the audits in accordance with generally accepted auditing standards and
other auditing procedures as promulgated by recognized authoritative bodies;
(iii) as the auditor determines is necessary, conduct the audits to determine:
(A) honesty and integrity in fiscal affairs;
(B) accuracy and reliability of financial statements;
(C) effectiveness and adequacy of financial controls; and
(D) compliance with the law.
(b) If any state entity receives federal funding, the state auditor shall ensure that the
audit is performed in accordance with federal audit requirements.
(c) (i) The costs of the federal compliance portion of the audit may be paid from an
appropriation to the state auditor from the General Fund.
(ii) If an appropriation is not provided, or if the federal government does not
specifically provide for payment of audit costs, the costs of the federal compliance portions of
the audit shall be allocated on the basis of the percentage that each state entity's federal funding
bears to the total federal funds received by the state.
(iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
funds passed through the state to local governments and to reflect any reduction in audit time
obtained through the use of internal auditors working under the direction of the state auditor.
(4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
financial audits, and as the auditor determines is necessary, conduct performance and special
purpose audits, examinations, and reviews of any entity that receives public funds, including a
determination of any or all of the following:
(i) the honesty and integrity of all its fiscal affairs;
(ii) whether [
or not its
] 
the entity's
 administrators have faithfully complied with
legislative intent;
(iii) whether [
or not its
] 
the entity's
 operations have been conducted in an efficient,
effective, and cost-efficient manner;
(iv) whether [
or not its
] 
the entity's
 programs have been effective in accomplishing the
intended objectives; and
(v) whether [
or not its
] 
the entity's
 management, control, and information systems are
adequate, effective, and secure.
(b) The auditor may not conduct performance and special purpose audits,
examinations, and reviews of any entity that receives public funds if the entity:
(i) has an elected auditor; and
(ii) has, within the entity's last budget year, had [
its
] 
the entity's
 financial statements or
performance formally reviewed by another outside auditor.
(5) The state auditor shall administer any oath or affirmation necessary to the
performance of the duties of the auditor's office, and may subpoena witnesses and documents,
whether electronic or otherwise, and examine into any matter that the auditor considers
necessary.
(6) The state auditor may require all persons who have had the disposition or
management of any property of this state or its political subdivisions to submit statements
regarding it at the time and in the form that the auditor requires.
(7) The state auditor shall:
(a) except where otherwise provided by law, institute suits in Salt Lake County in
relation to the assessment, collection, and payment of its revenues against:
(i) persons who by any means have become entrusted with public money or property
and have failed to pay over or deliver the money or property; and
(ii) all debtors of the state;
(b) collect and pay into the state treasury all fees received by the state auditor;
(c) perform the duties of a member of all boards of which the state auditor is a member
by the constitution or laws of the state, and any other duties that are prescribed by the
constitution and by law;
(d) stop the payment of the salary of any state official or state employee who:
(i) refuses to settle accounts or provide required statements about the custody and
disposition of public funds or other state property;
(ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
board or department head with respect to the manner of keeping prescribed accounts or funds;
or
(iii) fails to correct any delinquencies, improper procedures, and errors brought to the
official's or employee's attention;
(e) establish accounting systems, methods, and forms for public accounts in all taxing
or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f) superintend the contractual auditing of all state accounts;
(g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
officials and employees in those taxing units comply with state laws and procedures in the
budgeting, expenditures, and financial reporting of public funds;
(h) subject to Subsection (9), withhold the disbursement of tax money from any county,
if necessary, to ensure that officials and employees in the county comply with Section
59-2-303.1
; and
(i) withhold state allocated funds or the disbursement of property taxes from a local
government entity or a limited purpose entity, as those terms are defined in Section 
67-1a-15
 if
the state auditor finds the withholding necessary to ensure that the entity registers and
maintains the entity's registration with the lieutenant governor, in accordance with Section
67-1a-15
.
(8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
written notice of noncompliance from the auditor and has been given 60 days to make the
specified corrections.
(b) If, after receiving notice under Subsection (8)(a), a state or independent local
fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
state auditor:
(i) shall provide a recommended timeline for corrective actions; [
and
]
(ii) may prohibit the state or local fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a state or local fee-assessing unit from accessing money held in an
account of a financial institution by filing an action in district court requesting an order of the
court to prohibit a financial institution from providing the fee-assessing unit access to an
account.
(c) The state auditor shall remove a limitation on accessing funds under Subsection
(8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
financial reporting of public funds.
(d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
state law, the state auditor:
(i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
comply;
(ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
account of a financial institution by:
(A) contacting the taxing or fee-assessing unit's financial institution and requesting that
the institution prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the taxing or fee-assessing unit access to an account.
(e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
(8)(d).
(9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
received formal written notice of noncompliance from the auditor and has been given 60 days
to make the specified corrections.
(10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
auditor receives a notice of non-registration, as that term is defined in Section 
67-1a-15
.
(b) If the state auditor receives a notice of non-registration, the state auditor may
prohibit the local government entity or limited purpose entity, as those terms are defined in
Section 
67-1a-15
, from accessing:
(i) money held by the state; and
(ii) money held in an account of a financial institution by:
(A) contacting the entity's financial institution and requesting that the institution
prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the entity access to an account.
(c) The state auditor shall remove the prohibition on accessing funds described in
Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
Section 
67-1a-15
, from the lieutenant governor.
(11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
state auditor:
(a) shall authorize a disbursement by a local government entity or limited purpose
entity, as those terms are defined in Section 
67-1a-15
, or a state or local taxing or fee-assessing
unit if the disbursement is necessary to:
(i) avoid a major disruption in the operations of the local government entity, limited
purpose entity, or state or local taxing or fee-assessing unit; or
(ii) meet debt service obligations; and
(b) may authorize a disbursement by a local government entity, limited purpose entity,
or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
(12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
take temporary custody of public funds if an action is necessary to protect public funds from
being improperly diverted from their intended public purpose.
(b) If the state auditor seeks relief under Subsection (12)(a):
(i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
and
(ii) the state treasurer may hold the public funds in accordance with Section 
67-4-1
 if a
court orders the public funds to be protected from improper diversion from their public
purpose.
(13) The state auditor shall:
(a) establish audit guidelines and procedures for audits of local mental health and
substance abuse authorities and their contract providers, conducted pursuant to Title 17,
Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local
Mental Health Authorities, Title 51, Chapter 2a, Accounting Reports from Political
Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A, Chapter
15, Substance Abuse and Mental Health Act; and
(b) ensure that those guidelines and procedures provide assurances to the state that:
(i) state and federal funds appropriated to local mental health authorities are used for
mental health purposes;
(ii) a private provider under an annual or otherwise ongoing contract to provide
comprehensive mental health programs or services for a local mental health authority is in
compliance with state and local contract requirements, and state and federal law;
(iii) state and federal funds appropriated to local substance abuse authorities are used
for substance abuse programs and services; and
(iv) a private provider under an annual or otherwise ongoing contract to provide
comprehensive substance abuse programs or services for a local substance abuse authority is in
compliance with state and local contract requirements, and state and federal law.
(14) The state auditor may, in accordance with the auditor's responsibilities for political
subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
investigations of any political subdivision that are necessary to determine honesty and integrity
in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
financial controls and compliance with the law.
(15) (a) The state auditor may not audit work that the state auditor performed before
becoming state auditor.
(b) If the state auditor has previously been a responsible official in state government
whose work has not yet been audited, the Legislature shall:
(i) designate how that work shall be audited; and
(ii) provide additional funding for those audits, if necessary.
(16) The state auditor shall:
(a) with the assistance, advice, and recommendations of an advisory committee
appointed by the state auditor from among local district boards of trustees, officers, and
employees and special service district boards, officers, and employees:
(i) prepare a Uniform Accounting Manual for Local Districts that:
(A) prescribes a uniform system of accounting and uniform budgeting and reporting
procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
Local Districts, and special service districts under Title 17D, Chapter 1, Special Service
District Act;
(B) conforms with generally accepted accounting principles; and
(C) prescribes reasonable exceptions and modifications for smaller districts to the
uniform system of accounting, budgeting, and reporting;
(ii) maintain the manual under this Subsection (16)(a) so that it continues to reflect
generally accepted accounting principles;
(iii) conduct a continuing review and modification of procedures in order to improve
them;
(iv) prepare and supply each district with suitable budget and reporting forms; and
(v) (A) prepare instructional materials, conduct training programs, and render other
services considered necessary to assist local districts and special service districts in
implementing the uniform accounting, budgeting, and reporting procedures; and
(B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
63G, Chapter 22, State Training and Certification Requirements; and
(b) continually analyze and evaluate the accounting, budgeting, and reporting practices
and experiences of specific local districts and special service districts selected by the state
auditor and make the information available to all districts.
(17) (a) The following records in the custody or control of the state auditor are
protected records under Title 63G, Chapter 2, Government Records Access and Management
Act:
(i) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the state auditor through
other documents or evidence, and the records relating to the allegation are not relied upon by
the state auditor in preparing a final audit report;
(ii) records and audit workpapers to the extent they would disclose the identity of a
person who during the course of an audit, communicated the existence of any waste of public
funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
adopted under the laws of this state, a political subdivision of the state, or any recognized entity
of the United States, if the information was disclosed on the condition that the identity of the
person be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to a person who is not an employee or head of a governmental entity for their
response or information;
(iv) records that would disclose an outline or part of any audit survey plans or audit
program; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(c) The provisions of this Subsection (17) do not limit the authority otherwise given to
the state auditor to classify a document as public, private, controlled, or protected under Title
63G, Chapter 2, Government Records Access and Management Act.
(d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
state auditor and the subject of an audit performed by the state auditor as to whether the state
auditor may release a record, as defined in Section 
63G-2-103
, to the public that the state
auditor gained access to in the course of the state auditor's audit but which the subject of the
audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
Access and Management Act.
(ii) The state auditor may submit a record dispute to the State Records Committee,
created in Section 
63G-2-501
, for a determination of whether the state auditor may, in
conjunction with the state auditor's release of an audit report, release to the public the record
that is the subject of the record dispute.
(iii) The state auditor or the subject of the audit may seek judicial review of a State
Records Committee determination under Subsection (17)(d)(ii), as provided in Section
63G-2-404
.
(18) If the state auditor conducts an audit of an entity that the state auditor has
previously audited and finds that the entity has not implemented a recommendation made by
the state auditor in a previous audit, the state auditor shall notify the Legislative Management
Committee through its audit subcommittee that the entity has not implemented that
recommendation.
(19) The state auditor shall report, or ensure that another government entity reports, on
the financial, operational, and performance metrics for the state system of higher education and
the state system of public education, including metrics in relation to students, programs, and
schools within those systems.
Section 150. Section 
67-3-12
, which is renumbered from Section 63A-1-202 is
renumbered and amended to read:
[
63A-1-202
].
 67-3-12.
Utah Public Finance Website -- Establishment and
administration -- Records disclosure -- Exceptions.
[
(1) There is created the Utah Public Finance Website to be administered by the state
auditor.
]
(1) As used in this section:
(a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
as that term is defined in Section 
63E-1-102
.
(ii) "Independent entity" includes an entity that is part of an independent entity
described in Subsection (1)(a)(i), if the entity is considered a component unit of the
independent entity under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(iii) "Independent entity" does not include the Utah State Retirement Office created in
Section 
49-11-201
.
(b) "Local education agency" means a school district or charter school.
(c) "Participating local entity" means:
(i) a county;
(ii) a municipality;
(iii) a local district under Title 17B, Limited Purpose Local Government Entities -
Local Districts;
(iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
(v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
(vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
Act;
(vii) except for a taxed interlocal entity as defined in Section 
11-13-602
:
(A) an interlocal entity as defined in Section 
11-13-103
;
(B) a joint or cooperative undertaking as defined in Section 
11-13-103
; or
(C) any project, program, or undertaking entered into by interlocal agreement in
accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
(viii) except for a taxed interlocal entity as defined in Section 
11-13-602
, an entity that
is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
governmental accounting standards issued by the Governmental Accounting Standards Board;
or
(ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.
(d) (i) "Participating state entity" means the state of Utah, including its executive,
legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
councils, committees, and institutions.
(ii) "Participating state entity" includes an entity that is part of an entity described in
Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(e) "Public finance website" or "website" means the website established by the state
auditor in accordance with this section.
(f) "Public financial information" means each record that is required under this section
or by rule made by the Office of the State Auditor under Subsection (8) to be made available on
the public finance website, a participating local entity's website, or an independent entity's
website.
(g) "Qualifying entity" means:
(i) an independent entity;
(ii) a participating local entity;
(iii) a participating state entity;
(iv) a local education agency;
(v) a state institution of higher education as defined in Section 
53B-3-102
;
(vi) the Utah Educational Savings Plan created in Section 
58B-8a-103
;
(vii) the Utah Housing Corporation created in Section 
63H-8-201
;
(viii) the School and Institutional Trust Lands Administration created in Section
53C-1-201
; or
(ix) the Utah Capital Investment Corporation created in Section 
63N-6-301
.
(2) The state auditor shall establish and maintain a public finance website in
accordance with this section.
[
(2)
] 
(3)
 The [
Utah Public Finance Website
] 
website
 shall:
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities, and
participating local entities, using the [
Utah Public Finance Website
] 
website
; and
(ii) link to websites administered by participating local entities or independent entities
that do not use the [
Utah Public Finance Website
] 
website
 for the purpose of providing
participating local entities' or independent entities' public financial information as required by
this part and by rule 
made
 under [
Section 
63A-1-204
] 
Subsection (8)
;
(b) allow a person who has Internet access to use the website without paying a fee;
(c) allow the public to search public financial information on the [
Utah Public Finance
Website using criteria established by the board
] 
website
;
(d) provide access to financial reports, financial audits, budgets, or other financial
documents that are used to allocate, appropriate, spend, and account for government funds, as
may be established by rule 
made
 under [
Section 
63A-1-204
] 
Subsection (8)
;
(e) have a unique and simplified website address;
(f) be [
directly accessible via a link from the main page of the official state website
]
guided by the principles described in Subsection 
63A-16-202
(2)
;
(g) include other links, features, or functionality that will assist the public in obtaining
and reviewing public financial information, as may be established by rule 
made
 under [
Section
63A-1-204
] 
Subsection (8)
; and
(h) include a link to school report cards published on the State Board of Education's
website under Section 
53E-5-211
.
[
(3) (a)
] 
(4)
 The state auditor shall:
[
(i)
] 
(a)
 establish and maintain the website, including the provision of equipment,
resources, and personnel as necessary;
[
(ii)
] 
(b)
 maintain an archive of all information posted to the website;
[
(iii)
] 
(c)
 coordinate and process the receipt and posting of public financial information
from participating state entities; and
[
(iv)
] 
(d)
 coordinate and regulate the posting of public financial information by
participating local entities and independent entities.
[
(b) The department shall provide staff support for the advisory committee.
]
[
(4) (a) A participating state entity and each independent entity shall permit the public
to view the entity's public financial information via the website, beginning with information
that is generated not later than the fiscal year that begins July 1, 2008, except that public
financial information for an:
]
[
(i) institution of higher education shall be provided beginning with information
generated for the fiscal year beginning July 1, 2009; and
]
[
(ii) independent entity shall be provided beginning with information generated for the
entity's fiscal year beginning in 2014.
]
[
(b) No later than May 15, 2009, the website shall:
]
[
(i) be operational; and
]
[
(ii) permit public access to participating state entities' public financial information,
except as provided in Subsections (4)(c) and (d).
]
[
(c) An institution of higher education that is a participating state entity shall submit
the entity's public financial information at a time allowing for inclusion on the website no later
than May 15, 2010.
]
[
(d) No later than the first full quarter after July 1, 2014, an independent entity shall
submit the entity's public financial information for inclusion on the Utah Public Finance
Website or via a link to its own website on the Utah Public Finance Website.
]
[
(5) (a) The Utah Educational Savings Plan, created in Section 
53B-8a-103
, shall
provide the following financial information to the state auditor for posting on the Utah Public
Finance Website:
]
[
(i) administrative fund expense transactions from its general ledger accounting
system; and
]
[
(ii) employee compensation information.
]
[
(b) The plan is not required to submit other financial information to the state auditor,
including:
]
[
(i) revenue transactions;
]
[
(ii) account owner transactions; and
]
[
(iii) fiduciary or commercial information, as defined in Section 
53B-12-102
.
]
[
(6) (a) The following independent entities shall each provide administrative expense
transactions from its general ledger accounting system and employee compensation
information to the state auditor for posting on the Utah Public Finance Website or via a link to
a website administered by the independent entity:
]
[
(i) the Utah Housing Corporation, created in Section 
63H-8-201
; and
]
[
(ii) the School and Institutional Trust Lands Administration, created in Section
53C-1-201
.
]
[
(b) The Utah Capital Investment Corporation, an independent entity created in Section
63N-6-301
, shall provide the following information to the division for posting on the Utah
Public Finance Website or via a link to a website administered by the independent entity for
each fiscal year ending on or after June 30, 2015:
]
[
(i) aggregate compensation information for full-time and part-time employees,
including benefit information;
]
[
(ii) aggregate business travel expenses;
]
[
(iii) aggregate expenses related to the Utah Capital Investment Corporation's
allocation manager; and
]
[
(iv) aggregate administrative, operating, and finance costs.
]
[
(c) For purposes of this part, an independent entity described in Subsection (6)(a) or
(b) is not required to submit to the state auditor, or provide a link to, other financial
information, including:
]
[
(i) revenue transactions of a fund or account created in its enabling statute;
]
[
(ii) fiduciary or commercial information related to any subject if the disclosure of the
information:
]
[
(A) would conflict with fiduciary obligations; or
]
[
(B) is prohibited by insider trading provisions;
]
[
(iii) information of a commercial nature, including information related to:
]
[
(A) account owners, borrowers, and dependents;
]
[
(B) demographic data;
]
[
(C) contracts and related payments;
]
[
(D) negotiations;
]
[
(E) proposals or bids;
]
[
(F) investments;
]
[
(G) the investment and management of funds;
]
[
(H) fees and charges;
]
[
(I) plan and program design;
]
[
(J) investment options and underlying investments offered to account owners;
]
[
(K) marketing and outreach efforts;
]
[
(L) lending criteria;
]
[
(M) the structure and terms of bonding; and
]
[
(N) financial plans or strategies; and
]
[
(iv) information protected from public disclosure by federal law.
]
[
(7) (a) As used in this Subsection (7):
]
[
(i) "Local education agency" means a school district or a charter school.
]
[
(ii) "New school building project" means:
]
[
(A) the construction of a school or school facility that did not previously exist in a
local education agency; or
]
[
(B) the lease or purchase of an existing building, by a local education agency, to be
used as a school or school facility.
]
[
(iii) "School facility" means a facility, including a pool, theater, stadium, or
maintenance building, that is built, leased, acquired, or remodeled by a local education agency
regardless of whether the facility is open to the public.
]
[
(iv) "Significant school remodel" means a construction project undertaken by a local
education agency with a project cost equal to or greater than $2,000,000, including:
]
[
(A) the upgrading, changing, alteration, refurbishment, modification, or complete
substitution of an existing school or school facility in a local education agency; or
]
[
(B) the addition of a school facility.
]
[
(b) For each new school building project or significant school remodel, the local
education agency shall:
]
[
(i) prepare an annual school plant capital outlay report; and
]
[
(ii) submit the report:
]
[
(A) to the state auditor for publication on the Utah Public Finance Website; and
]
[
(B) in a format, including any raw data or electronic formatting, prescribed by
applicable policy established by the state auditor.
]
[
(c) The local education agency shall include in the capital outlay report described in
Subsection (7)(b)(i) the following information as applicable to each new school building
project or significant school remodel:
]
[
(i) the name and location of the new school building project or significant school
remodel;
]
[
(ii) construction and design costs, including:
]
[
(A) the purchase price or lease terms of any real property acquired or leased for the
project or remodel;
]
[
(B) facility construction;
]
[
(C) facility and landscape design;
]
[
(D) applicable impact fees; and
]
[
(E) furnishings and equipment;
]
[
(iii) the gross square footage of the project or remodel;
]
[
(iv) the year construction was completed; and
]
[
(v) the final student capacity of the new school building project or, for a significant
school remodel, the increase or decrease in student capacity created by the remodel.
]
[
(d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
the local education agency shall report the actual cost, fee, or other expense.
]
[
(ii) The state auditor may require that a local education agency provide further
itemized data on information listed in Subsection (7)(c).
]
[
(e) (i) No later than May 15, 2015, a local education agency shall provide the state
auditor a school plant capital outlay report for each new school building project and significant
school remodel completed on or after July 1, 2004, and before May 13, 2014.
]
[
(ii) For a new school building project or significant school remodel completed after
May 13, 2014, the local education agency shall provide the school plant capital outlay report
described in this Subsection (7) to the state auditor annually by a date designated by the state
auditor.
]
(5) A qualifying entity shall permit the public to view the qualifying entity's public
financial information by posting the public financial information to the public finance website
in accordance with rules made under Subsection (8).
(6) The content of the public financial information posted to the public finance website
is the responsibility of the qualifying entity posting the public financial information.
[
(8)
] 
(7) (a) A qualifying entity may not post financial information that is classified as
private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
Management Act, to the public finance website.
(b)
 A person who negligently discloses [
a record
] 
financial information
 that is
classified as private, protected, or controlled by Title 63G, Chapter 2, Government Records
Access and Management Act, is not criminally or civilly liable for an improper disclosure of
the [
record
] 
financial information
 if the [
record
] 
financial information
 is disclosed solely as a
result of the preparation or publication of the [
Utah Public Finance Website
] 
website
.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Office of the State Auditor:
(a) shall make rules to:
(i) establish which records a qualifying entity is required to post to the public finance
website; and
(ii) establish procedures for obtaining, submitting, reporting, storing, and posting
public financial information on the public finance website; and
(b) may make rules governing when a qualifying entity is required to disclose an
expenditure made by a person under contract with the qualifying entity, including the form and
content of the disclosure.
Section 151. Section 
72-3-108
 is amended to read:
72-3-108.
County roads -- Vacation and narrowing.
(1) A county may, by ordinance, vacate, narrow, or change the name of a county road
without petition or after petition by a property owner.
(2) A county may not vacate a county road unless notice of the hearing is:
(a) published:
(i) in a newspaper of general circulation in the county once a week for four consecutive
weeks before the hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the hearing; and
(b) posted in three public places for four consecutive weeks prior to the hearing; and
(c) mailed to the department and all owners of property abutting the county road.
(3) The right-of-way and easements, if any, of a property owner and the franchise rights
of any public utility may not be impaired by vacating or narrowing a county road.
(4) Except as provided in Section 
72-5-305
, if a county vacates a county road, the
state's right-of-way interest in the county road is also vacated.
Section 152. Section 
72-5-105
 is amended to read:
72-5-105.
Highways, streets, or roads once established continue until abandoned
-- Temporary closure.
(1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
once established shall continue to be highways, streets, or roads until formally abandoned or
vacated by written order, resolution, or ordinance resolution of a highway authority having
jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
been duly recorded in the office of the recorder of the county or counties where the highway,
street, or road is located.
(2) (a) For purposes of assessment, upon the recordation of an order executed by the
proper authority with the county recorder's office, title to the vacated or abandoned highway,
street, or road shall vest to the adjoining record owners, with one-half of the width of the
highway, street, or road assessed to each of the adjoining owners.
(b) Provided, however, that should a description of an owner of record extend into the
vacated or abandoned highway, street, or road that portion of the vacated or abandoned
highway, street, or road shall vest in the record owner, with the remainder of the highway,
street, or road vested as otherwise provided in this Subsection (2).
(c) Title to a highway, street, or road that a local highway authority closes to vehicular
traffic under Subsection (3) or (7) remains vested in the city.
(3) (a) In accordance with this section, a state or local highway authority may
temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
C, or D road or R.S. 2477 right-of-way.
(b) (i) A temporary closure authorized under this section is not an abandonment.
(ii) The erection of a barrier or sign on a highway, street, or road once established is
not an abandonment.
(iii) An interruption of the public's continuous use of a highway, street, or road once
established is not an abandonment even if the interruption is allowed to continue unabated.
(c) A temporary closure under Subsection (3)(a) may be authorized only under the
following circumstances:
(i) when a federal authority, or other person, provides an alternate route to an R.S.
2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
(A) accepted by the highway authority; and
(B) formalized by a federal permit or a written agreement between the federal authority
or other person and the highway authority;
(ii) when a state or local highway authority determines that correction or mitigation of
injury to private or public land resources is necessary on or near a class B or D road or portion
of a class B or D road; or
(iii) when a local highway authority makes a finding that temporary closure of all or
part of a class C road is necessary to mitigate unsafe conditions.
(d) (i) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
another public use or purpose related to the mitigation of the unsafe condition.
(ii) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
between the local highway authority and another entity, the local highway authority may not
reopen the closed portion of the road until the lease agreement terminates.
(e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
2477 right-of-way temporarily closed under this section if the alternate route is closed for any
reason.
(f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
(i) be authorized annually; and
(ii) not exceed two years or the time it takes to complete the correction or mitigation,
whichever is less.
(4) To authorize a closure of a road under Subsection (3) or (7), a local highway
authority shall pass an ordinance to temporarily or indefinitely close the road.
(5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
a highway authority shall:
(a) hold a hearing on the proposed temporary or indefinite closure;
(b) provide notice of the hearing by mailing a notice to the Department of
Transportation and all owners of property abutting the highway; and
(c) except for a closure under Subsection (3)(c)(iii):
(i) publishing the notice:
(A) in a newspaper of general circulation in the county at least once a week for four
consecutive weeks before the hearing; and
(B) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
four weeks before the hearing; or
(ii) posting the notice in three public places for at least four consecutive weeks before
the hearing.
(6) The right-of-way and easements, if any, of a property owner and the franchise rights
of any public utility may not be impaired by a temporary or indefinite closure authorized under
this section.
(7) (a) A local highway authority may close to vehicular travel and convert to another
public use or purpose a highway, road, or street over which the local highway authority has
jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
that:
(i) the closed highway, road, or street is not necessary for vehicular travel;
(ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
to private or public land resources on or near the highway, road, or street; or
(iii) the closure of the highway, road, or street is necessary to mitigate unsafe
conditions.
(b) If a local highway authority indefinitely closes all or part of a highway, road, or
street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
agreement between the local highway authority and another entity, the local highway authority
may not reopen the closed portion of the road until the lease agreement terminates.
(c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
Section 153. Section 
73-1-16
 is amended to read:
73-1-16.
Petition for hearing to determine validity -- Notice -- Service -- Pleading
-- Costs -- Review.
Where any water users' association, irrigation company, canal company, ditch company,
reservoir company, or other corporation of like character or purpose, organized under the laws
of this state has entered into or proposes to enter into a contract with the United States for the
payment by such association or company of the construction and other charges of a federal
reclamation project constructed, under construction, or to be constructed within this state, and
where funds for the payment of such charges are to be obtained from assessments levied upon
the stock of such association or company, or where a lien is created or will be created against
any of the land, property, canals, water rights or other assets of such association or company or
against the land, property, canals, water rights or other assets of any stockholder of such
association or company to secure the payment of construction or other charges of a reclamation
project, the water users' association, irrigation company, canal company, ditch company,
reservoir company or other corporation of like character or purpose may file in the district court
of the county wherein is situated the office of such association or company a petition entitled
".......... Water Users' Association" or ".......... Company," as the case may be, "against the
stockholders of said association or company and the owners and mortgagees of land within the
.......... Federal Reclamation Project." No other or more specific description of the defendants
shall be required. In the petition it may be stated that the water users' association, irrigation
company, canal company, ditch company, reservoir company or other corporation of like
character and purpose has entered into or proposes to enter into a contract with the United
States, to be set out in full in said petition, with a prayer that the court find said contract to be
valid, and a modification of any individual contracts between the United States and the
stockholders of such association or company, or between the association or company, and its
stockholders, so far as such individual contracts are at variance with the contract or proposed
contract between the association or company and the United States.
Thereupon a notice in the nature of a summons shall issue under the hand and seal of
the clerk of said court, stating in brief outline the contents of said petition, and showing where
a full copy of said contract or proposed contract may be examined, such notice to be directed to
the said defendants under the same general designations, which shall be considered sufficient
to give the court jurisdiction of all matters involved and parties interested. Service shall be
obtained (a) by publication of such notice once a week for three consecutive weeks (three
times) in a newspaper published in each county where the irrigable land of such federal
reclamation project is situated, (b) as required in Section 
45-1-101
 for three weeks, (c) by
publishing the notice on the Utah Public Notice Website created in Section [
63F-1-701
]
63A-12-201
, for three weeks prior to the date of the hearing, and (d) by the posting at least
three weeks prior to the date of the hearing on said petition of the notice and a complete copy
of the said contract or proposed contract in the office of the plaintiff association or company,
and at three other public places within the boundaries of such federal reclamation project. Any
stockholder in the plaintiff association or company, or owner, or mortgagee of land within said
federal reclamation project affected by the contract proposed to be made by such association or
company, may demur to or answer said petition before the date set for such hearing or within
such further time as may be allowed therefor by the court. The failure of any persons affected
by the said contract to answer or demur shall be construed, so far as such persons are concerned
as an acknowledgment of the validity of said contract and as a consent to the modification of
said individual contracts if any with such association or company or with the United States, to
the extent that such modification is required to cause the said individual contracts if any to
conform to the terms of the contract or proposed contract between the plaintiff and the United
States. All persons filing demurrers or answers shall be entered as defendants in said cause and
their defense consolidated for hearing or trial. Upon hearing the court shall examine all matters
and things in controversy and shall enter judgment and decree as the case warrants, showing
how and to what extent, if any, the said individual contracts of the defendants or under which
they claim are modified by the plaintiff's contract or proposed contract with the United States. 
In reaching his conclusion in such causes, the court shall follow a liberal interpretation of the
laws, and shall disregard informalities or omissions not affecting the substantial rights of the
parties, unless it is affirmatively shown that such informalities or omissions led to a different
result than would have been obtained otherwise. The Code of Civil Procedure shall govern
matters of pleading and practice as nearly as may be. Costs may be assessed or apportioned
among contesting parties in the discretion of the trial court. Review of the judgment of the
district court by the Supreme Court may be had as in other civil causes.
Section 154. Section 
73-5-14
 is amended to read:
73-5-14.
Determination by the state engineer of watershed to which particular
source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
(1) The state engineer may determine for administrative and distribution purposes the
watershed to which any particular stream or source of water is tributary.
(2) A determination under Subsection (1) may be made only after publication of notice
to the water users.
(3) Publication of notice under Subsection (2) shall be made:
(a) in a newspaper or newspapers having general circulation in every county in the state
in which any rights might be affected, once each week for five consecutive weeks;
(b) in accordance with Section 
45-1-101
 for five weeks; and
(c) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
five weeks.
(4) The state engineer shall fix the date and place of hearing and at the hearing any
water user shall be given an opportunity to appear and adduce evidence material to the
determination of the question involved.
(5) (a) The state engineer shall publish the result of the determination as provided in
Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the
public that any person aggrieved by the decision may appeal the decision as provided by
Section 
73-3-14
.
(b) The notice under Subsection (5)(a) shall be considered to have been given so as to
start the time for appeal upon completion of the publication of notice.
Section 155. Section 
75-1-401
 is amended to read:
75-1-401.
Notice -- Method and time of giving.
(1) If notice of a hearing on any petition is required and except for specific notice
requirements as otherwise provided, the petitioner shall cause notice of the time and place of
hearing of any petition to be given to any interested person or the person's attorney if the person
has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall
be given by the clerk posting a copy of the notice for the 10 consecutive days immediately
preceding the time set for the hearing in at least three public places in the county, one of which
must be at the courthouse of the county and:
(a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
hearing by certified, registered, or ordinary first class mail addressed to the person being
notified at the post-office address given in the demand for notice, if any, or at the person's
office or place of residence, if known; or
(ii) by delivering a copy thereof to the person being notified personally at least 10 days
before the time set for the hearing; and
(b) if the address, or identity of any person is not known and cannot be ascertained with
reasonable diligence, by publishing:
(i) at least once a week for three consecutive weeks a copy thereof in a newspaper
having general circulation in the county where the hearing is to be held, the last publication of
which is to be at least 10 days before the time set for the hearing; and
(ii) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-12-201
, for
three weeks.
(2) The court for good cause shown may provide for a different method or time of
giving notice for any hearing.
(3) Proof of the giving of notice shall be made on or before the hearing and filed in the
proceeding.
Section 156. 
Repealer.
This bill repeals:
Section 
63A-1-201
,
Definitions.
Section 
63A-1-204
,
Rulemaking authority.
Section 
63A-1-205
,
Participation by local entities.
Section 
63A-1-206
, Submission of public financial information by a school district
or charter school.