Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Geographic Reference Center Amendments
Number
H.B. 261 (2021GS)
Sponsor
Rep. Brooks, W.
Final action
Governor Signed 3/16/2021
Outcome
Became law — signed by Gov. Spencer J. Cox

Summary

This bill changes the name of the Automated Geographic Reference Center.

What it does

  • This bill:
  • changes the name of the Automated Geographic Reference Center to the "Utah Geospatial Resource Center"; and
  • makes technical changes.

Every vote on this bill

2/2/2021House Comm - Favorable Recommendation
House Government Operations Committee
7 0 4YEA
2/2/2021House Comm - Consent Calendar Recommendation
House Government Operations Committee
7 0 4YEA
2/5/2021House/ passed 3rd reading
Senate Secretary
66 0 9YEA
2/9/2021Senate Comm - Favorable Recommendation
Senate Government Operations and Political Subdivisions Committee
4 0 4not eligible / no record
2/11/2021Senate/ passed 2nd reading
Senate 3rd Reading Calendar
29 0 0not eligible / no record
2/12/2021Senate/ passed 3rd reading
Senate President
28 0 1not eligible / no record

Bill text

enrolled version · official source
GEOGRAPHIC REFERENCE CENTER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill changes the name of the Automated Geographic Reference Center.
Highlighted Provisions:
This bill:
▸ changes the name of the Automated Geographic Reference Center to the "Utah
Geospatial Resource Center"; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
10-9a-203
, as last amended by Laws of Utah 2015, Chapter 202
10-9a-603
, as last amended by Laws of Utah 2020, Chapter 434
11-58-503
, as last amended by Laws of Utah 2019, Chapter 399
17-27a-203
, as last amended by Laws of Utah 2009, Chapter 188
17-27a-603
, as last amended by Laws of Utah 2020, Chapter 434
17-50-105
, as last amended by Laws of Utah 2009, Chapter 350
17B-1-106
, as last amended by Laws of Utah 2013, Chapter 445
17C-2-109
, as last amended by Laws of Utah 2016, Chapter 350
17C-3-108
, as last amended by Laws of Utah 2016, Chapter 350
17C-4-107
, as last amended by Laws of Utah 2016, Chapter 350
17C-5-111
, as enacted by Laws of Utah 2016, Chapter 350
20A-5-303
, as last amended by Laws of Utah 2011, Chapter 335
20A-13-102.2
, as last amended by Laws of Utah 2013, Chapter 383
20A-13-104
, as last amended by Laws of Utah 2013, Chapter 383
20A-14-102.2
, as last amended by Laws of Utah 2013, Chapter 455
20A-14-102.3
, as last amended by Laws of Utah 2013, Chapter 455
20A-14-201
, as last amended by Laws of Utah 2011, Chapter 297
36-1-103.2
, as last amended by Laws of Utah 2013, Chapter 454
36-1-105
, as last amended by Laws of Utah 2013, Chapter 454
36-1-202.2
, as last amended by Laws of Utah 2013, Chapter 382
36-1-204
, as last amended by Laws of Utah 2013, Chapter 382
53G-3-204
, as renumbered and amended by Laws of Utah 2018, Chapter 3
54-3-28
, as last amended by Laws of Utah 2013, Chapter 445
63F-1-502
, as last amended by Laws of Utah 2017, Chapter 238
63F-1-506
, as last amended by Laws of Utah 2009, Chapter 350
63F-1-508
, as last amended by Laws of Utah 2013, Chapter 310
63H-1-403
, as last amended by Laws of Utah 2020, Chapter 282
63H-7a-304
, as last amended by Laws of Utah 2020, Chapters 294 and 368
63N-3-501
, as enacted by Laws of Utah 2018, Chapter 182
67-1a-2.2
, as enacted by Laws of Utah 2011, Third Special Session, Chapter 9
67-1a-6.5
, as last amended by Laws of Utah 2016, Chapter 350
72-5-304
, as last amended by Laws of Utah 2005, Chapter 169
72-5-309
, as last amended by Laws of Utah 2008, Chapters 97 and 382
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
] 
the municipality's
 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
] 
Utah Geospatial Resource 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
.
(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
] 
an individual
 where more information can be obtained
concerning the municipality's proposed general plan or amendment.
Section 2. Section 
10-9a-603
 is amended to read:
10-9a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) Unless exempt under Section 
10-9a-605
 or excluded from the definition of
subdivision under Section 
10-9a-103
, whenever any land is laid out and platted, the owner of
the land shall provide an accurate plat that describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale; and
(d) every existing right-of-way and easement grant of record for an underground
facility, as defined in Section 
54-8a-2
, and for any other utility facility.
(2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the municipality's
ordinances and this part and has been approved by the culinary water authority, the sanitary
sewer authority, and the local health department, as defined in Section 
26A-1-102
, if the local
health department and the municipality consider the local health department's approval
necessary, the municipality shall approve the plat.
(b) Municipalities are encouraged to receive a recommendation from the fire authority
and the public safety answering point before approving a plat.
(c) A municipality may not require that a plat be approved or signed by a person or
entity who:
(i) is not an employee or agent of the municipality; or
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision.
(d) For a subdivision application that includes land located within a notification zone,
as determined under Subsection (2)(f), the land use authority shall:
(i) within 20 days after the day on which a complete subdivision application is filed,
provide written notice of the application to the canal owner or associated canal operator contact
described in:
(A) Section 
10-9a-211
;
(B) Subsection 
73-5-7
(2); or
(C) Subsection (5)(c); and
(ii) wait to approve or reject the subdivision application for at least 20 days after the
day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
to receive input from the canal owner or associated canal operator, including input regarding:
(A) access to the canal;
(B) maintenance of the canal;
(C) canal protection; and
(D) canal safety.
(e) When applicable, the subdivision applicant shall comply with Section 
73-1-15.5
.
(f) The land use authority shall provide the notice described in Subsection (2)(d) to a
canal owner or associated canal operator if:
(i) the canal's centerline is located within 100 feet of a proposed subdivision; and
(ii) the centerline alignment is available to the land use authority:
(A) from information provided by the canal company under Section 
10-9a-211
, using
mapping-grade global positioning satellite units or digitized data from the most recent aerial
photo available to the canal owner or associated canal operator;
(B) using the state engineer's inventory of canals under Section 
73-5-7
; or
(C) from information provided by a surveyor under Subsection (5)(c).
(3) The municipality may withhold an otherwise valid plat approval until the owner of
the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(4) (a) Within 30 days after approving a final plat under this section, a municipality
shall submit to the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource
Center
, created in Section 
63F-1-506
, for inclusion in the unified statewide 911 emergency
service database described in Subsection 
63H-7a-304
(4)(b):
(i) an electronic copy of the approved final plat; or
(ii) preliminary geospatial data that depict any new streets and situs addresses proposed
for construction within the bounds of the approved plat.
(b) If requested by the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
, a municipality that approves a final plat under this section shall:
(i) coordinate with the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 to validate the information described in Subsection (4)(a); and
(ii) assist the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource
Center
 in creating electronic files that contain the information described in Subsection (4)(a)
for inclusion in the unified statewide 911 emergency service database.
(5) (a) A county recorder may not record a plat unless:
(i) prior to recordation, the municipality has approved and signed the plat;
(ii) each owner of record of land described on the plat has signed the owner's
dedication as shown on the plat; and
(iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
provided by law.
(b) The surveyor making the plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
an existing or proposed underground facility or utility facility within the proposed subdivision,
or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
depiction of the:
(A) boundary, course, dimensions, and intended use of the public rights-of-way, a
public or private easement, or grants of record;
(B) location of an existing underground facility and utility facility; and
(C) physical restrictions governing the location of the underground facility and utility
facility within the subdivision.
(ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
(A) indicates only that the plat approximates the location of the existing underground
and utility facilities but does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
applicable to prescriptive rights, or any other provision of law.
(6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
certified, and approved, the individual seeking to record the plat shall, within the time period
and manner designated by ordinance, record the plat in the county recorder's office in the
county in which the lands platted and laid out are situated.
(b) A failure to record a plat within the time period designated by ordinance renders the
plat voidable by the land use authority.
Section 3. Section 
11-58-503
 is amended to read:
11-58-503.
Notice of project area plan adoption -- Effective date of plan -- Time
for challenging a project area plan or project area.
(1) Upon the board's adoption of a project area plan, the board shall provide notice as
provided in Subsection (2) by publishing or causing to be published legal notice:
(a) in a newspaper of general circulation within or near the project area; and
(b) as required by Section 
45-1-101
.
(2) (a) Each notice under Subsection (1) shall include:
(i) the board resolution adopting the project area plan or a summary of the resolution;
and
(ii) a statement that the project area plan is available for general public inspection and
the hours for inspection.
(b) The statement required under Subsection (2)(a)(ii) may be included within the
board resolution adopting the project area plan or within the summary of the resolution.
(3) The project area plan shall become effective on the date designated in the board
resolution.
(4) The authority shall make the adopted project area plan available to the general
public at [
its
] 
the authority's
 offices during normal business hours.
(5) Within 10 days after the day on which a project area plan is adopted that establishes
a project area, or after an amendment to a project area plan is adopted under which the
boundary of a project area is modified, the authority shall send notice of the establishment or
modification of the project area and an accurate map or plat of the project area to:
(a) the State Tax Commission;
(b) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created in Section 
63F-1-506
; and
(c) the assessor and recorder of each county where the project area is located.
(6) (a) A legal action or other challenge to a project area plan or a project area
described in a project area plan is barred unless brought within 30 days after the effective date
of the project area plan.
(b) A legal action or other challenge to a project area that consists of authority
jurisdictional land is barred unless brought within 30 days after the board adopts a business
plan under Subsection 
11-58-202
(1)(a) for the authority jurisdictional land.
Section 4. 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
] 
the county's
 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
] 
Utah Geospatial Resource 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
.
(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
] 
an individual
 where more information can be obtained
concerning the county's proposed general plan or amendment.
Section 5. Section 
17-27a-603
 is amended to read:
17-27a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) Unless exempt under Section 
17-27a-605
 or excluded from the definition of
subdivision under Section 
17-27a-103
, whenever any land is laid out and platted, the owner of
the land shall provide an accurate plat that describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale; and
(d) every existing right-of-way and easement grant of record for an underground
facility, as defined in Section 
54-8a-2
, and for any other utility facility.
(2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the county's
ordinances and this part and has been approved by the culinary water authority, the sanitary
sewer authority, and the local health department, as defined in Section 
26A-1-102
, if the local
health department and the county consider the local health department's approval necessary, the
county shall approve the plat.
(b) Counties are encouraged to receive a recommendation from the fire authority and
the public safety answering point before approving a plat.
(c) A county may not require that a plat be approved or signed by a person or entity
who:
(i) is not an employee or agent of the county; or
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision.
(d) For a subdivision application that includes land located within a notification zone,
as determined under Subsection (2)(f), the land use authority shall:
(i) within 20 days after the day on which a complete subdivision application is filed,
provide written notice of the application to the canal owner or associated canal operator contact
described in:
(A) Section 
17-27a-211
;
(B) Subsection 
73-5-7
(2); or
(C) Subsection (5)(c); and
(ii) wait to approve or reject the subdivision application for at least 20 days after the
day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
receive input from the canal owner or associated canal operator, including input regarding:
(A) access to the canal;
(B) maintenance of the canal;
(C) canal protection; and
(D) canal safety.
(e) When applicable, the subdivision applicant shall comply with Section 
73-1-15.5
.
(f) The land use authority shall provide the notice described in Subsection (2)(d) to a
canal owner or associated canal operator if:
(i) the canal's centerline is located within 100 feet of a proposed subdivision; and
(ii) the centerline alignment is available to the land use authority:
(A) from information provided by the canal company under Section 
17-27a-211
 using
mapping-grade global positioning satellite units or digitized data from the most recent aerial
photo available to the canal owner or canal operator;
(B) using the state engineer's inventory of canals under Section 
73-5-7
; or
(C) from information provided by a surveyor under Subsection (5)(c).
(3) The county may withhold an otherwise valid plat approval until the owner of the
land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(4) (a) Within 30 days after approving a final plat under this section, a county shall
submit to the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
,
created in Section 
63F-1-506
, for inclusion in the unified statewide 911 emergency service
database described in Subsection 
63H-7a-304
(4)(b):
(i) an electronic copy of the approved final plat; or
(ii) preliminary geospatial data that depict any new streets and situs addresses proposed
for construction within the bounds of the approved plat.
(b) If requested by the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
, a county that approves a final plat under this section shall:
(i) coordinate with the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 to validate the information described in Subsection (4)(a); and
(ii) assist the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource
Center
 in creating electronic files that contain the information described in Subsection (4)(a)
for inclusion in the unified statewide 911 emergency service database.
(5) (a) A county recorder may not record a plat unless, subject to Subsection
17-27a-604
(1):
(i) prior to recordation, the county has approved and signed the plat;
(ii) each owner of record of land described on the plat has signed the owner's
dedication as shown on the plat; and
(iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
provided by law.
(b) The surveyor making the plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
an existing or proposed underground facility or utility facility within the proposed subdivision,
or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
depiction of the:
(A) boundary, course, dimensions, and intended use of the public rights-of-way, a
public or private easement, or grants of record;
(B) location of an existing underground facility and utility facility; and
(C) physical restrictions governing the location of the underground facility and utility
facility within the subdivision.
(ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
(A) indicates only that the plat approximates the location of the existing underground
and utility facilities but does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
applicable to prescriptive rights, or any other provision of law.
(6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
certified, and approved, the individual seeking to record the plat shall, within the time period
and manner designated by ordinance, record the plat in the county recorder's office in the
county in which the lands platted and laid out are situated.
(b) A failure to record a plat within the time period designated by ordinance renders the
plat voidable by the land use authority.
Section 6. Section 
17-50-105
 is amended to read:
17-50-105.
Disputed boundaries.
(1) As used in this section, "independent surveyor" means the surveyor whose position
is established within the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource
Center
 under Subsection 
63F-1-506
(3).
(2) (a) If a dispute or uncertainty arises as to the true location of a county boundary as
described in the official records maintained by the office of the lieutenant governor, the
surveyors of each county whose boundary is the subject of the dispute or uncertainty may
determine the true location.
(b) If agreement is reached under Subsection (2)(a), the county surveyors shall provide
notice, accompanied by a map, to the lieutenant governor showing the true location of the
county boundary.
(3) (a) If the county surveyors fail to agree on or otherwise fail to establish the true
location of the county boundary, the county executive of either or both of the affected counties
shall engage the services of the independent surveyor.
(b) After being engaged under Subsection (3)(a), the independent surveyor shall notify
the surveyor of each county whose boundary is the subject of the dispute or uncertainty of the
procedure the independent surveyor will use to determine the true location of the boundary.
(c) With the assistance of each surveyor who chooses to participate, the independent
surveyor shall determine permanently the true location of the boundary by marking surveys and
erecting suitable monuments to designate the boundary.
(d) Each boundary established under this Subsection (3) shall be considered permanent
until superseded by legislative enactment.
(e) The independent surveyor shall provide notice, accompanied by a map, to the
lieutenant governor showing the true location of the county boundary.
(4) Nothing in this section may be construed to give the county surveyors or
independent surveyor any authority other than to erect suitable monuments to designate county
boundaries as they are described in the official records maintained by the office of the
lieutenant governor.
Section 7. 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
] 
the local district's
 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
] 
the local district's
 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
] 
Utah Geospatial Resource
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
, 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
] 
an individual
 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 
local
district's infrastructure or other facilities used for providing the services that the 
local
 district is
authorized to provide shall provide written notice, as provided in this Subsection (3), of [
its
]
the local district's
 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
] 
the local district's
acquisition of the real property.
Section 8. Section 
17C-2-109
 is amended to read:
17C-2-109.
Agency required to transmit and record documents after adoption of
an urban renewal project area plan.
Within 30 days after the community legislative body adopts, under Section 
17C-2-107
,
an urban renewal project area plan, the agency shall:
(1) record with the recorder of the county in which the project area is located a
document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate
map or plat indicating the boundaries of the project area to the [
Automated Geographic
Reference Center
] 
Utah Geospatial Resource Center
 created under Section 
63F-1-506
; and
(3) for a project area plan that provides for the agency to receive tax increment,
transmit a copy of the description of the land within the project area, a copy of the community
legislative body ordinance adopting the project area plan, and a map or plat indicating the
boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing
entity that does not use the county assessment roll or collect the taxing entity's taxes through
the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Section 9. Section 
17C-3-108
 is amended to read:
17C-3-108.
Agency required to transmit and record documents after adoption of
economic development project area plan.
Within 30 days after the community legislative body adopts, under Section 
17C-3-106
,
an economic development project area plan, the agency shall:
(1) record with the recorder of the county in which the economic development project
area is located a document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate
map or plat indicating the boundaries of the project area to the [
Automated Geographic
Reference Center
] 
Utah Geospatial Resource Center
 created under Section 
63F-1-506
; and
(3) for a project area plan that provides for the agency to receive tax increment,
transmit a copy of the description of the land within the project area, a copy of the community
legislative body ordinance adopting the project area plan, and a map or plat indicating the
boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing
entity that does not use the county assessment roll or collect the taxing entity's taxes through
the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Section 10. Section 
17C-4-107
 is amended to read:
17C-4-107.
Agency required to transmit and record documents after adoption of
community development project area plan.
Within 30 days after the community legislative body adopts, under Section 
17C-4-105
,
a community development project area plan, the agency shall:
(1) record with the recorder of the county in which the project area is located a
document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate
map or plat indicating the boundaries of the project area to the [
Automated Geographic
Reference Center
] 
Utah Geospatial Resource Center
 created under Section 
63F-1-506
; and
(3) for a project area plan that provides for the agency to receive tax increment,
transmit a copy of the description of the land within the project area, a copy of the community
legislative body ordinance adopting the project area plan, and a map or plat indicating the
boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any
part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing
entity that does not use the county assessment roll or collect the taxing entity's taxes through
the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Section 11. Section 
17C-5-111
 is amended to read:
17C-5-111.
Agency required to transmit and record documentation after
adoption of community reinvestment project area plan.
Within 30 days after the day on which a community legislative body adopts a
community reinvestment project area plan under Section 
17C-5-109
, the agency shall:
(1) record with the recorder of the county in which the community reinvestment project
area is located a document containing:
(a) the name of the community reinvestment project area;
(b) a boundary description of the community reinvestment project area; and
(c) (i) a statement that the community legislative body adopted the community
reinvestment project area plan; and
(ii) the day on which the community legislative body adopted the community
reinvestment project area plan;
(2) transmit a copy of a description of the land within the community reinvestment
project area and an accurate map or plat indicating the boundaries of the community
reinvestment project area to the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 created in Section 
63F-1-506
; and
(3) for a community reinvestment project area plan that provides for the agency to
receive tax increment, transmit a copy of a description of the land within the community
reinvestment project area, a copy of the community legislative body ordinance adopting the
community reinvestment project area plan, and an accurate map or plat indicating the
boundaries of the community reinvestment project area to:
(a) the auditor, recorder, county or district attorney, surveyor, and assessor of each
county in which any part of the community reinvestment project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing
entity that does not use the county assessment roll or collect the taxing entity's taxes through
the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Section 12. Section 
20A-5-303
 is amended to read:
20A-5-303.
Establishing, dividing, abolishing, and changing voting precincts --
Common polling places -- Combined voting precincts.
(1) (a) After receiving recommendations from the county clerk, the county legislative
body may establish, divide, abolish, and change voting precincts.
(b) Within 30 days after the establishment, division, abolition, or change of a voting
precinct under this section, the county legislative body shall file with the [
Automated
Geographic Reference Center
] 
Utah Geospatial Resource Center
, created under Section
63F-1-506
, a notice describing the action taken and specifying the resulting boundaries of each
voting precinct affected by the action.
(2) (a) The county legislative body shall alter or divide voting precincts so that each
voting precinct contains not more than 1,250 active voters.
(b) The county legislative body shall:
(i) identify those precincts that may reach the limit of active voters in a precinct under
Subsection (2)(a) or that becomes too large to facilitate the election process; and
(ii) except as provided by Subsection (3), divide those precincts on or before January 1
of a general election year.
(3) A county legislative body shall divide a precinct identified under Subsection
(2)(b)(i) on or before January 31 of a regular general election year that immediately follows the
calendar year in which the Legislature divides the state into districts in accordance with Utah
Constitution, Article IX, Section 1.
(4) Notwithstanding Subsection (2)(a) and except as provided by Subsection (5), the
county legislative body may not:
(a) establish or abolish any voting precinct after January 1 of a regular general election
year;
(b) alter or change the boundaries of any voting precinct after January 1 of a regular
general election year; or
(c) establish, divide, abolish, alter, or change a voting precinct between January 1 of a
year immediately preceding the year in which an enumeration is required by the United States
Constitution and the day on which the Legislature divides the state into districts in accordance
with Utah Constitution, Article IX, Section 1.
(5) A county legislative body may establish, divide, abolish, alter, or change a voting
precinct on or before January 31 of a regular general election year that immediately follows the
calendar year in which the Legislature divides the state into districts in accordance with Utah
Constitution, Article IX, Section 1.
(6) (a) For the purpose of voting in an election, the county legislative body may
establish a common polling place for two or more whole voting precincts.
(b) At least 90 days before the election, the county legislative body shall designate:
(i) the voting precincts that will vote at the common polling place; and
(ii) the location of the common polling place.
(c) A county may use one set of election judges for the common polling place under
this Subsection (6).
(7) Each county shall have at least two polling places open for voting on the date of the
election.
(8) Each common polling place shall have at least one voting device that is accessible
for individuals with disabilities in accordance with Public Law 107-252, the Help America
Vote Act of 2002.
Section 13. Section 
20A-13-102.2
 is amended to read:
20A-13-102.2.
County clerk, Utah Geospatial Resource Center, and lieutenant
governor responsibilities -- Maps and voting precinct boundaries.
(1) Each county clerk shall obtain a copy of the Congressional shapefile for the clerk's
county from the lieutenant governor's office.
(2) (a) A county clerk may create one or more county maps that identify the boundaries
of Utah's Congressional districts as generated from the Congressional shapefile.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of Utah's Congressional districts within the county, the county clerk
shall submit the county map and data to the lieutenant governor and to the [
Automated
Geographic Reference Center
] 
Utah Geospatial Resource Center
 for review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of Utah's Congressional districts established by the Legislature in the
Congressional shapefile;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or notify the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
Congressional shapefile; and
(ii) resubmit the corrected county map and data to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (2).
(3) (a) Subject to the requirements of this Subsection (3), each county clerk shall
establish voting precincts and polling places within each Utah Congressional district according
to the procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 for review.
(c) Within 30 days after receipt of a map from a county clerk, the [
Automated
Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the voting precinct map to evaluate if the voting precinct map accurately
reflects the boundaries of Utah's Congressional districts established by the Legislature in the
Congressional shapefile;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
Congressional shapefile; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (3).
Section 14. Section 
20A-13-104
 is amended to read:
20A-13-104.
Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a representative whose Congressional district boundary is uncertain because the
boundary in the Congressional shapefile used to establish the district boundary has been
removed, modified, or is unable to be identified or who is uncertain about whether [
or not
] the
representative or another [
person
] 
individual
 resides in a particular Congressional district;
(b) a candidate for Congressional representative whose Congressional district boundary
is uncertain because the boundary in the Congressional shapefile used to establish the district
boundary has been removed, modified, or is unable to be identified or who is uncertain about
whether [
or not
] the candidate or another [
person
] 
individual
 resides in a particular
Congressional district; or
(c) [
a person
] 
an individual
 who is uncertain about which Congressional district
contains the [
person's
] 
individual's
 residence because the boundary in the Congressional
shapefile used to establish the district boundary has been removed, modified, or is unable to be
identified.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the Congressional district boundary;
(ii) the number of the Congressional district in which [
a person
] 
an individual
 resides;
or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review the Congressional shapefile and obtain and review other relevant data
such as aerial photographs, aerial maps, or other data about the area.
(c) Within five days of receipt of the request, the lieutenant governor shall review the
Congressional shapefile, obtain and review any relevant data, and make a determination.
(d) When the lieutenant governor determines the location of the Congressional district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created under Section 
63F-1-506
.
(e) If the lieutenant governor determines the number of the Congressional district in
which a particular [
person
] 
individual
 resides, the lieutenant governor shall send a letter
identifying that district by number to:
(i) the [
person
] 
individual
;
(ii) the affected party who filed the petition, if different than the [
person
] 
individual
whose Congressional district number was identified; and
(iii) the county clerk of the affected county.
Section 15. Section 
20A-14-102.2
 is amended to read:
20A-14-102.2.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a state school board member whose State Board of Education district boundary is
uncertain because the feature used to establish the district boundary in the Board shapefile has
been removed, modified, or is unable to be identified or who is uncertain about whether [
or
not
] the member or another [
person
] 
individual
 resides in a particular State Board of Education
district;
(ii) a candidate for state school board whose State Board of Education district
boundary is uncertain because the feature used to establish the district boundary in the Board
shapefile has been removed, modified, or is unable to be identified or who is uncertain about
whether [
or not
] the candidate or another [
person
] 
individual
 resides in a particular State Board
of Education district; or
(iii) [
a person
] 
an individual
 who is uncertain about which State Board of Education
district contains the [
person's
] 
individual's
 residence because the feature used to establish the
district boundary in the Board shapefile has been removed, modified, or is unable to be
identified.
(b) "Feature" means a geographic or other tangible or intangible mark such as a road or
political subdivision boundary that is used to establish a State Board of Education district
boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the State Board of Education district boundary;
(ii) the number of the State Board of Education district in which [
a person
] 
an
individual
 resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review:
(i) the Board shapefile; and
(ii) other relevant data such as aerial photographs, aerial maps, or other data about the
area.
(c) Within five days of receipt of the request, the lieutenant governor shall:
(i) review the Board block shapefile;
(ii) review any relevant data; and
(iii) make a determination.
(d) If the lieutenant governor determines the precise location of the State Board of
Education district boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate State Board of Education district
boundary and attaching a map, if necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created under Section 
63F-1-506
.
(e) If the lieutenant governor determines the number of the State Board of Education
district in which a particular [
person
] 
individual
 resides, the lieutenant governor shall send a
letter identifying that district by number to:
(i) the [
person
] 
individual
;
(ii) the affected party who filed the petition, if different than the [
person
] 
individual
whose State Board of Education district number was identified; and
(iii) the county clerk of the affected county.
Section 16. Section 
20A-14-102.3
 is amended to read:
20A-14-102.3.
County clerk, Utah Geospatial Resource Center, and lieutenant
governor responsibilities -- Maps and voting precinct boundaries.
(1) As used in this section, "redistricting boundary data" means the Board shapefile.
(2) Each county clerk shall obtain a copy of the redistricting boundary data for the
clerk's county from the lieutenant governor's office.
(3) (a) A county clerk may create one or more county maps that identify the boundaries
of State Board of Education districts as generated from the redistricting boundary data.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of State Board of Education districts within the county, the clerk shall
submit the county map and data to the lieutenant governor and to the [
Automated Geographic
Reference Center
] 
Utah Geospatial Resource Center
 for review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of State Board of Education districts established by the Legislature in the
redistricting boundary data;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or inform the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
redistricting boundary data; and
(ii) resubmit the corrected county map and data to the lieutenant governor for a new
review under this Subsection (3).
(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
establish voting precincts and polling places within each State Board of Education district
according to the procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 for review.
(c) Within 30 days after receipt of a voting precinct map from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the voting precinct map to evaluate if the voting precinct map accurately
reflects the boundaries of State Board of Education districts established by the Legislature in
the redistricting boundary data;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the voting precinct map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
redistricting boundary data; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (4).
Section 17. Section 
20A-14-201
 is amended to read:
20A-14-201.
Boards of education -- School board districts -- Creation --
Reapportionment.
(1) (a) The county legislative body, for local school districts whose boundaries
encompass more than a single municipality, and the municipal legislative body, for school
districts contained completely within a municipality, shall divide the local school district into
local school board districts as required under Subsection 
20A-14-202
(1)(a).
(b) The county and municipal legislative bodies shall divide the school district so that
the local school board districts are substantially equal in population and are as contiguous and
compact as practicable.
(2) (a) County and municipal legislative bodies shall reapportion district boundaries to
meet the population, compactness, and contiguity requirements of this section:
(i) at least once every 10 years;
(ii) if a new district is created:
(A) within 45 days after the canvass of an election at which voters approve the creation
of a new district; and
(B) at least 60 days before the candidate filing deadline for a school board election;
(iii) whenever districts are consolidated;
(iv) whenever a district loses more than 20% of the population of the entire school
district to another district;
(v) whenever a district loses more than 50% of the population of a local school board
district to another district;
(vi) whenever a district receives new residents equal to at least 20% of the population
of the district at the time of the last reapportionment because of a transfer of territory from
another district; and
(vii) whenever it is necessary to increase the membership of a board from five to seven
members as a result of changes in student membership under Section 
20A-14-202
.
(b) If a school district receives territory containing less than 20% of the population of
the transferee district at the time of the last reapportionment, the local school board may assign
the new territory to one or more existing school board districts.
(3) (a) Reapportionment does not affect the right of any school board member to
complete the term for which the member was elected.
(b) (i) After reapportionment, representation in a local school board district shall be
determined as provided in this Subsection (3).
(ii) If only one board member whose term extends beyond reapportionment lives
within a reapportioned local school board district, that board member shall represent that local
school board district.
(iii) (A) If two or more members whose terms extend beyond reapportionment live
within a reapportioned local school board district, the members involved shall select one
member by lot to represent the local school board district.
(B) The other members shall serve at-large for the remainder of their terms.
(C) The at-large board members shall serve in addition to the designated number of
board members for the board in question for the remainder of their terms.
(iv) If there is no board member living within a local school board district whose term
extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in
this part.
(4) (a) If, before an election affected by reapportionment, the county or municipal
legislative body that conducted the reapportionment determines that one or more members
shall be elected to terms of two years to meet this part's requirements for staggered terms, the
legislative body shall determine by lot which of the reapportioned local school board districts
will elect members to two-year terms and which will elect members to four-year terms.
(b) All subsequent elections are for four-year terms.
(5) Within 10 days after any local school board district boundary change, the county or
municipal legislative body making the change shall send an accurate map or plat of the
boundary change to the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource
Center
 created under Section 
63F-1-506
.
Section 18. Section 
36-1-103.2
 is amended to read:
36-1-103.2.
County clerk, Utah Geospatial Resource Center, and lieutenant
governor responsibilities -- Maps and voting precinct boundaries.
(1) As used in this section, "redistricting boundary data" means the Senate shapefile.
(2) Each county clerk shall obtain a copy of the redistricting boundary data for the
clerk's county from the lieutenant governor's office.
(3) (a) A county clerk may create one or more county maps that identify the boundaries
of Senate districts as generated from the redistricting boundary data.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of Senate districts within the county, the clerk shall submit the county
map and data to the lieutenant governor and to the [
Automated Geographic Reference Center
]
Utah Geospatial Resource Center
 for review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of Senate districts established by the Legislature in the redistricting
boundary data;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or notify the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
redistricting boundary data; and
(ii) resubmit the corrected county map and data to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (3).
(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
establish voting precincts and polling places within each Senate district according to the
procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 for review.
(c) Within 30 days after receipt of a voting precinct map from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the voting precinct map to evaluate if the voting precinct map accurately
reflects the boundaries of Senate districts established by the Legislature in the redistricting
boundary data;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
redistricting boundary data; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (4).
Section 19. Section 
36-1-105
 is amended to read:
36-1-105.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a senator whose Utah State Senate district boundary is uncertain because the feature
used to establish the district boundary in the Senate shapefile has been removed, modified, or is
unable to be identified or who is uncertain about whether [
or not
] the senator or another
[
person
] 
individual
 resides in a particular Senate district;
(ii) a candidate for senator whose Senate district boundary is uncertain because the
feature used to establish the district boundary in the Senate shapefile has been removed,
modified, or is unable to be identified or who is uncertain about whether [
or not
] the candidate
or another [
person
] 
individual
 resides in a particular Senate district; or
(iii) [
a person
] 
an individual
 who is uncertain about which Senate district contains the
[
person's
] 
individual's
 residence because the feature used to establish the district boundary in
the Senate shapefile has been removed, modified, or is unable to be identified.
(b) "Feature" means a geographic or other tangible or intangible mark such as a road or
political subdivision boundary that is used to establish a Senate district boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the Senate district boundary;
(ii) the number of the Senate district in which [
a person
] 
an individual
 resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review:
(i) the Senate shapefile; and
(ii) other relevant data such as aerial photographs, aerial maps, or other data about the
area.
(c) Within five days of receipt of the request, the lieutenant governor shall:
(i) review the Senate shapefile;
(ii) review any relevant data; and
(iii) make a determination.
(d) When the lieutenant governor determines the location of the Senate district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate Senate district boundary and
attaching a map, if necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created under Section 
63F-1-506
.
(e) If the lieutenant governor determines the number of the Senate district in which a
particular [
person
] 
individual
 resides, the lieutenant governor shall send a letter identifying that
district by number to:
(i) the [
person
] 
individual
;
(ii) the affected party who filed the petition, if different than the [
person
] 
individual
whose Senate district number was identified; and
(iii) the county clerk of the affected county.
Section 20. Section 
36-1-202.2
 is amended to read:
36-1-202.2.
County clerk, Utah Geospatial Resource Center, and lieutenant
governor responsibilities -- Maps and voting precinct boundaries.
(1) As used in this section, "redistricting boundary data" means the House shapefile.
(2) Each county clerk shall obtain a copy of the redistricting boundary data for the
clerk's county from the lieutenant governor's office.
(3) (a) A county clerk may create one or more county maps that identify the boundaries
of House districts as generated from the redistricting boundary data.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of House districts within the county, the clerk shall submit the county
map and data to the lieutenant governor and to the [
Automated Geographic Reference Center
]
Utah Geospatial Resource Center
 for review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of House districts established by the Legislature in the redistricting
boundary data;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or notify the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
redistricting boundary data; and
(ii) resubmit the corrected county map and data to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (3).
(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
establish voting precincts and polling places within each House district according to the
procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 for review.
(c) Within 30 days after receipt of a voting precinct map from a county clerk, the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 shall:
(i) review the voting precinct map to evaluate if the county map accurately reflects the
boundaries of House districts established by the Legislature in the redistricting boundary data;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the voting precinct map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
redistricting boundary data; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
[
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
 for a new review
under this Subsection (4).
Section 21. Section 
36-1-204
 is amended to read:
36-1-204.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a representative whose Utah House of Representatives district boundary is uncertain
because the feature used to establish the district boundary in the House shapefile has been
removed, modified, or is unable to be identified or who is uncertain about whether [
or not
] the
representative or another [
person
] 
individual
 resides in a particular House district;
(ii) a candidate for representative whose House district boundary is uncertain because
the feature used to establish the district boundary in the House shapefile has been removed,
modified, or is unable to be identified or who is uncertain about whether [
or not
] the candidate
or another [
person
] 
individual
 resides in a particular House district; or
(iii) [
a person
] 
an individual
 who is uncertain about which House district contains the
[
person's
] 
individual's
 residence because the feature used to establish the district boundary in
the House shapefile has been removed, modified, or is unable to be identified.
(b) "Feature" means a geographic or other identifiable tangible or intangible object
such as a road or political subdivision boundary that is used to establish a House district
boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the House district boundary;
(ii) the number of the House district in which [
a person
] 
an individual
 resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review:
(i) the House shapefile; and
(ii) other relevant data such as aerial photographs, aerial maps, or other data about the
area.
(c) Within five days of receipt of the request, the lieutenant governor shall:
(i) review the House shapefile;
(ii) review any relevant data; and
(iii) make a determination.
(d) When the lieutenant governor determines the location of the House district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate House district boundary and
attaching a map, if necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created under Section 
63F-1-506
.
(e) If the lieutenant governor determines the number of the House district in which a
particular [
person
] 
individual
 resides, the lieutenant governor shall send a letter identifying that
district by number to:
(i) the [
person
] 
individual
;
(ii) the affected party who filed the petition, if different than the [
person
] 
individual
whose House district number was identified; and
(iii) the county clerk of the affected county.
Section 22. 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
] 
the school district's
 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
] 
the school district's
 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
] 
Utah Geospatial Resource
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
;
(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
] 
an individual
 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
] 
the school district's
 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
] 
the school
district's
 acquisition of the real property.
Section 23. Section 
54-3-28
 is amended to read:
54-3-28.
Notice required of certain public utilities 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 Title 17B,
Limited Purpose Local Government Entities - Local Districts, 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 expected uses of land under a proposed long-range plan or under
proposed amendments to a long-range plan; or
(B) that has filed with the specified public utility 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.
(ii) "Affected entity" does not include the specified public utility that is required under
Subsection (2) 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 specified public utility prepares a long-range plan regarding [
its
] 
the
specified public utility's
 facilities proposed for the future in a county of the first or second class
or amends an already existing long-range plan, the specified public utility 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
] 
the specified public utility's
 intent to prepare a
long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2) shall:
(i) indicate that the specified public utility 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 sent to:
(A) 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) each affected entity;
(C) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created in Section 
63F-1-506
;
(D) 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) the state planning coordinator appointed under Section 
63J-4-202
;
(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 specified public
utility 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 specified public utility has one, and
the name and telephone number of [
a person
] 
an individual
 where more information can be
obtained concerning the specified public utility's proposed long-range plan or amendments to a
long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
to acquire real property in a county of the first or second class for the purpose of expanding
[
its
] 
the specified public utility's
 infrastructure or other facilities used for providing the services
that the specified public utility is authorized to provide shall provide written notice, as
provided in this Subsection (3), of [
its
] 
the specified public utility's
 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 specified public utility 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 specified
public utility 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 specified public utility is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
shall provide the notice specified in Subsection (3)(a) as soon as practicable after [
its
] 
the
specified public utility's
 acquisition of the real property.
Section 24. Section 
63F-1-502
 is amended to read:
63F-1-502.
Definitions.
As used in this part:
(1) "Center" means the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 created in Section 
63F-1-506
.
(2) "Database" means the State Geographic Information Database created in Section
63F-1-507
.
(3) "Geographic Information System" or "GIS" means a computer driven data
integration and map production system that interrelates disparate layers of data to specific
geographic locations.
(4) "State Geographic Information Database" means the database created in Section
63F-1-507
.
(5) "Statewide Global Positioning Reference Network" or "network" means the
network created in Section 
63F-1-509
.
Section 25. Section 
63F-1-506
 is amended to read:
63F-1-506.
Utah Geospatial Resource Center.
(1) There is created the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 as part of the division.
(2) The center shall:
(a) provide geographic information system services to state agencies under rules
adopted in accordance with Section 
63F-1-504
 and policies established by the division;
(b) provide geographic information system services to federal government, local
political subdivisions, and private persons under rules and policies established by the division;
(c) manage the State Geographic Information Database; and
(d) establish standard format, lineage, and other requirements for the database.
(3) (a) There is created a position of surveyor within the center.
(b) The surveyor under this Subsection (3) shall:
(i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
Engineers and Professional Land Surveyors Licensing Act;
(ii) provide technical support to the office of lieutenant governor in the lieutenant
governor's evaluation under Section 
67-1a-6.5
 of a proposed boundary action, as defined in
Section 
17-23-20
;
(iii) as requested by a county surveyor, provide technical assistance to the county
surveyor with respect to the county surveyor's responsibilities under Section 
17-23-20
;
(iv) fulfill the duties described in Section 
17-50-105
, if engaged to do so as provided in
that section;
(v) assist the State Tax Commission in processing and quality assurance of boundary
descriptions or maps into digital format for inclusion in the State Geographic Information
Database;
(vi) coordinate with county recorders and surveyors to create a statewide parcel layer in
the State Geographic Information Database containing parcel boundary, parcel identifier, parcel
address, owner type, and county recorder contact information; and
(vii) facilitate and integrate the collection efforts of local government and federal
agencies for data collection to densify and enhance the statewide Public Land Survey System
reference network in the State Geographic Information Database.
(4) The division may:
(a) make rules and establish policies to govern the center and [
its
] 
the center's
operations; and
(b) set fees for the services provided by the center.
(5) The state may not sell information obtained from counties under Subsection
(3)(b)(v).
Section 26. Section 
63F-1-508
 is amended to read:
63F-1-508.
Committee to award grants to counties for inventory and mapping of
R.S. 2477 rights-of-way -- Use of grants -- Request for proposals.
(1) There is created within the center a committee to award grants to counties to
inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
provided by Subsection (5).
(2) (a) The committee shall consist of:
(i) the center manager;
(ii) a representative of the Governor's Office of Management and Budget;
(iii) a representative of Utah State University Extension;
(iv) a representative of the Utah Association of Counties; and
(v) three county commissioners.
(b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
be selected by the organizations they represent.
(c) The committee members specified in Subsection (2)(a)(v) shall be:
(i) selected by the Utah Association of Counties;
(ii) from rural counties; and
(iii) from different regions of the state.
(3) (a) The committee shall select a chair from [
its
] 
the committee's
 membership.
(b) The committee shall meet upon the call of the chair or a majority of the committee
members.
(c) Four members shall constitute a quorum.
(4) (a) Committee members who are state government employees shall receive no
additional compensation for their work on the committee.
(b) Committee members who are not state government employees shall receive no
compensation or expenses from the state for their work on the committee.
(5) (a) The committee shall award grants to counties to:
(i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
technology; and
(ii) photograph:
(A) roads and other evidence of construction of R.S. 2477 rights-of-way;
(B) structures or natural features that may be indicative of the purpose for which an
R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational facilities,
or scenic overlooks; and
(C) evidence of valid and existing rights on federal lands, such as mines and
agricultural facilities.
(b) (i) The committee may allow counties, while they are conducting the activities
described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
natural or cultural resources.
(ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
programs underway by state agencies, counties, or institutions of higher education.
(c) Maps and other data acquired through the grants shall become a part of the State
Geographic Information Database.
(d) Counties shall provide an opportunity to interested parties to submit information
relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
provided in Subsections (5)(a) and (5)(b).
(6) (a) The committee shall develop a request for proposals process and issue a request
for proposals.
(b) The request for proposals shall require each grant applicant to submit an
implementation plan and identify any monetary or in-kind contributions from the county.
(c) In awarding grants, the committee shall give priority to proposals to inventory, map,
and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
which are located on federal lands that:
(i) a federal land management agency proposes for special management, such as lands
to be managed as an area of critical environmental concern or primitive area; or
(ii) are proposed to receive a special designation by Congress, such as lands to be
designated as wilderness or a national conservation area.
(7) Each county that receives a grant under the provision of this section shall provide a
copy of all data regarding inventory and mapping to the [
AGRC
] 
Utah Geospatial Resource
Center
 for inclusion in the state database.
Section 27. Section 
63H-1-403
 is amended to read:
63H-1-403.
Notice of project area plan adoption -- Effective date of plan --
Contesting the formation of the plan.
(1) Upon the board's adoption of a project area plan, the board shall provide notice as
provided in Subsection (1)(b) by publishing or causing to be published legal notice:
(a) in a newspaper of general circulation within or near the project area; and
(b) as required by Section 
45-1-101
.
(2) (a) Each notice under Subsection (1) shall include:
(i) the board resolution adopting the project area plan or a summary of the resolution;
and
(ii) a statement that the project area plan is available for general public inspection and
the hours for inspection.
(b) The statement required under Subsection (2)(a)(ii) may be included in the board
resolution or summary described in Subsection (2)(a)(i).
(3) The project area plan becomes effective on the date designated in the board
resolution adopting the project area plan.
(4) The authority shall make the adopted project area plan available to the general
public at [
its
] 
the authority's
 offices during normal business hours.
(5) Within 10 days after the day on which a project area plan is adopted that establishes
a project area, or after an amendment to a project area plan is adopted under which the
boundary of a project area is modified, the authority shall send notice of the establishment or
modification of the project area and an accurate map or plat of the project area to:
(a) the State Tax Commission;
(b) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created in Section 
63F-1-506
; and
(c) the assessor and recorder of each county where the project area is located.
(6) (a) A legal action or other challenge to a project area plan or a project area
described in a project area plan is barred unless brought within 30 days after the effective date
of the project area plan.
(b) For a project area created before December 1, 2018, a legal action or other
challenge is barred.
(c) For a project area created after December 1, 2018, and before May 14, 2019, a legal
action or other challenge is barred after July 1, 2019.
Section 28. Section 
63H-7a-304
 is amended to read:
63H-7a-304.
 Unified Statewide 911 Emergency Service Account -- Creation --
Administration -- Permitted uses. 
(1) There is created a restricted account within the General Fund known as the "Unified
Statewide 911 Emergency Service Account," consisting of:
(a) proceeds from the fee imposed in Section 
69-2-403
;
(b) money appropriated or otherwise made available by the Legislature; and
(c) contributions of money, property, or equipment from federal agencies, political
subdivisions of the state, persons, or corporations.
(2) (a) Except as provided in Subsection (4) and subject to Subsection (3) and
appropriations by the Legislature, the authority shall disburse funds in the 911 account for the 
purpose of enhancing and maintaining the statewide public safety communications network and
911 call processing equipment in order to rapidly, efficiently, effectively, and with greater
interoperability deliver 911 services in the state.
(b) In expending funds in the 911 account, the authority shall give a higher priority to
an expenditure that:
(i) best promotes statewide public safety;
(ii) best promotes interoperability;
(iii) impacts the largest service territory;
(iv) impacts a densely populated area; or
(v) impacts an underserved area.
(c) The authority shall expend funds in the 911 account in accordance with the
authority strategic plan described in Section 
63H-7a-206
.
(d) The authority may not expend funds from the 911 account collected through the
911 emergency service charge imposed in Section 
69-2-403
 on behalf of a PSAP that chooses
not to participate in the:
(i) public safety communications network; and
(ii) the 911 emergency service defined in Section 
69-2-102
.
(e) The authority may not expend funds from the 911 account collected through the
prepaid wireless 911 service charge revenue distributed in Subsection 
69-2-405
(9)(c) on behalf
of a PSAP that chooses not to participate in the:
(i) public safety communications network; and
(ii) 911 emergency service defined in Section 
69-2-102
.
(f) The executive director shall recommend to the board expenditures for the authority
to make from the 911 account in accordance with this Subsection (2). 
(3) Subject to an appropriation by the Legislature and approval by the board , the
Administrative Services Division may use funds in the 911 account to cover the Administrative
Services Division's administrative costs related to the 911 account.
(4) (a) The authority shall reimburse from the 911 account to the [
Automated
Geographic Reference Center
] 
Utah Geospatial Resource Center
 created in Section 
63F-1-506
an amount equal to up to 1 cent of each unified statewide 911 emergency service charge
deposited into the 911 account under Section 
69-2-403
.
(b) The [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
shall use the funds reimbursed to the [
Automated Geographic Reference Center
] 
Utah
Geospatial Resource Center
 under Subsection (4)(a) to:
(i) enhance and upgrade digital mapping standards; and
(ii) maintain a statewide geospatial database for unified statewide 911 emergency
service.
Section 29. Section 
63N-3-501
 is amended to read:
63N-3-501.
 Infrastructure and broadband coordination.
(1) The office shall partner with the [
Automated Geographic Reference Center
] 
Utah
Geospatial Resource Center
 created in Section 
63F-1-506
 to collect and maintain a database
and interactive map that displays economic development data statewide, including:
(a) voluntarily submitted broadband availability, speeds, and other broadband data;
(b) voluntarily submitted public utility data;
(c) workforce data, including information regarding:
(i) enterprise zones designated under Section 
63N-2-206
;
(ii) business resource centers;
(iii) public institutions of higher education; and
(iv) procurement technical assistance centers;
(d) transportation data, which may include information regarding railway routes,
commuter rail routes, airport locations, and major highways;
(e) lifestyle data, which may include information regarding state parks, national parks
and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
and
(f) other relevant economic development data as determined by the office, including
data provided by partner organizations.
(2) The office may:
(a) make recommendations to state and federal agencies, local governments, the
governor, and the Legislature regarding policies and initiatives that promote the development
of broadband-related infrastructure in the state and help implement those policies and
initiatives;
(b) facilitate coordination between broadband providers and public and private entities;
(c) collect and analyze data on broadband availability and usage in the state, including
Internet speed, capacity, the number of unique visitors, and the availability of broadband
infrastructure throughout the state;
(d) create a voluntary broadband advisory committee, which shall include broadband
providers and other public and private stakeholders, to solicit input on broadband-related policy
guidance, best practices, and adoption strategies;
(e) work with broadband providers, state and local governments, and other public and
private stakeholders to facilitate and encourage the expansion and maintenance of broadband
infrastructure throughout the state; and
(f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
Procedures Act, and in accordance with federal requirements:
(i) apply for federal grants;
(ii) participate in federal programs; and
(iii) administer federally funded broadband-related programs.
Section 30. Section 
67-1a-2.2
 is amended to read:
67-1a-2.2.
Residences in more than one district -- Lieutenant governor to resolve.
(1) If, in reviewing a map generated from a redistricting block assignment file, the
lieutenant governor determines that a single-family or multi-family residence is within more
than one Congressional, Senate, House, or State Board of Education district, the lieutenant
governor may, by January 31, 2012, and in consultation with the [
Automated Geographic
Reference Center
] 
Utah Geospatial Resource Center
, determine the district to which the
residence is assigned.
(2) In order to make the determination required by Subsection (1), the lieutenant
governor shall review the block assignment file and other Bureau of the Census data and obtain
and review other relevant data such as aerial photography or other data about the area.
(3) Upon making the determination authorized by this section, the lieutenant governor
shall notify county clerks affected by the determination and the [
Automated Geographic
Reference Center
] 
Utah Geospatial Resource Center
 created under Section 
63F-1-506
.
Section 31. Section 
67-1a-6.5
 is amended to read:
67-1a-6.5.
Certification of local entity boundary actions -- Definitions -- Notice
requirements -- Electronic copies -- Filing.
(1) As used in this section:
(a) "Applicable certificate" means:
(i) for the impending incorporation of a city, town, local district, conservation district,
or incorporation of a local district from a reorganized special service district, a certificate of
incorporation;
(ii) for the impending creation of a county, school district, special service district,
community reinvestment agency, or interlocal entity, a certificate of creation;
(iii) for the impending annexation of territory to an existing local entity, a certificate of
annexation;
(iv) for the impending withdrawal or disconnection of territory from an existing local
entity, a certificate of withdrawal or disconnection, respectively;
(v) for the impending consolidation of multiple local entities, a certificate of
consolidation;
(vi) for the impending division of a local entity into multiple local entities, a certificate
of division;
(vii) for the impending adjustment of a common boundary between local entities, a
certificate of boundary adjustment; and
(viii) for the impending dissolution of a local entity, a certificate of dissolution.
(b) "Approved final local entity plat" means a final local entity plat, as defined in
Section 
17-23-20
, that has been approved under Section 
17-23-20
 as a final local entity plat by
the county surveyor.
(c) "Approving authority" has the same meaning as defined in Section 
17-23-20
.
(d) "Boundary action" has the same meaning as defined in Section 
17-23-20
.
(e) "Center" means the [
Automated Geographic Reference Center
] 
Utah Geospatial
Resource Center
 created under Section 
63F-1-506
.
(f) "Community reinvestment agency" has the same meaning as defined in Section
17C-1-102
.
(g) "Conservation district" has the same meaning as defined in Section 
17D-3-102
.
(h) "Interlocal entity" has the same meaning as defined in Section 
11-13-103
.
(i) "Local district" has the same meaning as defined in Section 
17B-1-102
.
(j) "Local entity" means a county, city, town, school district, local district, community
reinvestment agency, special service district, conservation district, or interlocal entity.
(k) "Notice of an impending boundary action" means a written notice, as described in
Subsection (3), that provides notice of an impending boundary action.
(l) "Special service district" has the same meaning as defined in Section 
17D-1-102
.
(2) Within 10 days after receiving a notice of an impending boundary action, the
lieutenant governor shall:
(a) (i) issue the applicable certificate, if:
(A) the lieutenant governor determines that the notice of an impending boundary action
meets the requirements of Subsection (3); and
(B) except in the case of an impending local entity dissolution, the notice of an
impending boundary action is accompanied by an approved final local entity plat;
(ii) send the applicable certificate to the local entity's approving authority;
(iii) return the original of the approved final local entity plat to the local entity's
approving authority;
(iv) send a copy of the applicable certificate and approved final local entity plat to:
(A) the State Tax Commission;
(B) the center; and
(C) the county assessor, county surveyor, county auditor, and county attorney of each
county in which the property depicted on the approved final local entity plat is located; and
(v) send a copy of the applicable certificate to the state auditor, if the boundary action
that is the subject of the applicable certificate is:
(A) the incorporation or creation of a new local entity;
(B) the consolidation of multiple local entities;
(C) the division of a local entity into multiple local entities; or
(D) the dissolution of a local entity; or
(b) (i) send written notification to the approving authority that the lieutenant governor
is unable to issue the applicable certificate, if:
(A) the lieutenant governor determines that the notice of an impending boundary action
does not meet the requirements of Subsection (3); or
(B) the notice of an impending boundary action is:
(I) not accompanied by an approved final local entity plat; or
(II) accompanied by a plat or final local entity plat that has not been approved as a final
local entity plat by the county surveyor under Section 
17-23-20
; and
(ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is
unable to issue the applicable certificate.
(3) Each notice of an impending boundary action shall:
(a) be directed to the lieutenant governor;
(b) contain the name of the local entity or, in the case of an incorporation or creation,
future local entity, whose boundary is affected or established by the boundary action;
(c) describe the type of boundary action for which an applicable certificate is sought;
(d) be accompanied by a letter from the Utah State Retirement Office, created under
Section 
49-11-201
, to the approving authority that identifies the potential provisions under
Title 49, Utah State Retirement and Insurance Benefit Act, that the local entity shall comply
with, related to the boundary action, if the boundary action is an impending incorporation or
creation of a local entity that may result in the employment of personnel; and
(e) (i) contain a statement, signed and verified by the approving authority, certifying
that all requirements applicable to the boundary action have been met; or
(ii) in the case of the dissolution of a municipality, be accompanied by a certified copy
of the court order approving the dissolution of the municipality.
(4) The lieutenant governor may require the approving authority to submit a paper or
electronic copy of a notice of an impending boundary action and approved final local entity plat
in conjunction with the filing of the original of those documents.
(5) (a) The lieutenant governor shall:
(i) keep, index, maintain, and make available to the public each notice of an impending
boundary action, approved final local entity plat, applicable certificate, and other document that
the lieutenant governor receives or generates under this section;
(ii) make a copy of each document listed in Subsection (5)(a)(i) available on the
Internet for 12 months after the lieutenant governor receives or generates the document;
(iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any
person who requests a paper copy; and
(iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to
any person who requests a certified copy.
(b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
copy of a document that the lieutenant governor provides under this Subsection (5).
Section 32. Section 
72-5-304
 is amended to read:
72-5-304.
Mapping and survey requirements.
(1) The Department of Transportation, counties, and cities are not required to possess
centerline surveys for R.S. 2477 rights-of-ways.
(2) To be accepted, highways within R.S. 2477 rights-of-way do not need to be
included in the plats, descriptions, and maps of county roads required by Sections 
72-3-105
 and
72-3-107
 or on the State Geographic Information Database, created in Section 
63F-1-507
,
required to be maintained by Subsection (3).
(3) (a) The [
Automated Geographic Reference Center
] 
Utah Geospatial Resource
Center
, created in Section 
63F-1-506
, shall create and maintain a record of R.S. 2477
rights-of-way on the Geographic Information Database.
(b) The record of R.S. 2477 rights-of-way shall be based on information maintained by
the Department of Transportation and cartographic, topographic, photographic, historical, and
other data available to or maintained by the [
Automated Geographic Reference Center
] 
Utah
Geospatial Resource Center
.
(c) Agencies and political subdivisions of the state may provide additional information
regarding R.S. 2477 rights-of-way when information is available.
Section 33. Section 
72-5-309
 is amended to read:
72-5-309.
Acceptance of rights-of-way -- Notice of acknowledgment required.
(1) The governor or the governor's designee may assess whether the grant of the R.S.
2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in
the state and the applicable political subdivision as provided for in Section 
72-5-103
.
(2) If the governor or governor's designee concludes that the grant has been accepted as
to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the
acceptance of the R.S. 2477 grant as to that right-of-way.
(3) A notice of acknowledgment of the R.S. 2477 grant shall include:
(a) a statement of reasons for the acknowledgment;
(b) a general description of the right-of-way or rights-of-way subject to the notice of
acknowledgment, including the county in which it is located, and notice of where a center-line
description derived from Global Positioning System data may be viewed or obtained;
(c) a statement that the owner of the servient estate in the land over which the
right-of-way or rights-of-way subject to the notice runs or any person with a competing
dominant estate ownership claim may file a petition with the district court for a decision
regarding the correctness or incorrectness of the acknowledgment; and
(d) a statement of the time limit provided in Section 
72-5-310
 for filing a petition.
(4) (a) (i) The governor or the governor's designee may record a notice of
acknowledgment, and any supporting affidavit, map, or other document purporting to establish
or affect the state's property interest in the right-of-way or rights-of-way, in the office of the
county recorder in the county where the right-of-way or rights-of-way exist.
(ii) (A) A notice of acknowledgment recorded in the county recorder's office is not
required to be accompanied by a paper copy of the center-line description.
(B) A paper copy of each center-line description together with the notice of
acknowledgment shall be placed in the state archives created in Section 
63A-12-101
 and made
available to the public upon request in accordance with Title 63G, Chapter 2, Government
Records Access and Management Act.
(C) An electronic copy of the center-line description identified in a notice of
acknowledgment shall be available upon request at:
(I) the county recorder's office; or
(II) the [
Automated Geographic Reference Center
] 
Utah Geospatial Resource Center
created in Section 
63F-1-506
.
(b) A notice of acknowledgment recorded in the county recorder's office is conclusive
evidence of acceptance of the R.S. 2477 grant upon:
(i) expiration of the 60-day period for filing a petition under Section 
72-5-310
 without
the filing of a petition; or
(ii) a final court decision that the notice of acknowledgment was not incorrect.
Section 34. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, on May 5, 2021, replace "Automated
Geographic Reference Center" with "Utah Geospatial Resource Center" in any new language
added to the Utah Code by legislation passed during the 2021 General Session.