Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 201 Second Substitute (2021GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• eliminates some requirements to publish certain notices in a newspaper and on a specified legal notice website;
• requires certain notices to be posted on the Utah Public Notice Website;
• requires the Division of Archives and Records Service to allow newspapers to request and automatically receive a feed of postings to the Utah Public Notice Website; and
• makes technical changes.

Every vote on this bill

Bill text

PUBLIC NOTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill modifies provisions relating to public notices.
Highlighted Provisions:
This bill:
▸ eliminates some requirements to publish certain notices in a newspaper and on a
specified legal notice website;
▸ requires certain notices to be posted on the Utah Public Notice Website;
▸ requires the Division of Archives and Records Service to allow newspapers to
request and automatically receive a feed of postings to the Utah Public Notice
Website; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
8-5-6
, as last amended by Laws of Utah 2009, Chapter 388
10-2-406
, as last amended by Laws of Utah 2019, Chapter 255
10-2-407
, as last amended by Laws of Utah 2019, Chapter 255
10-2-415
, as last amended by Laws of Utah 2020, Chapter 22
10-2-418
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
10-2-419
, as last amended by Laws of Utah 2019, Chapter 255
10-2-502.5
, as last amended by Laws of Utah 2019, Chapter 255
10-2-607
, as last amended by Laws of Utah 2019, Chapter 255
10-2-703
, as last amended by Laws of Utah 2019, Chapter 255
10-2-708
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-207
, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
by Coordination Clause, Laws of Utah 2019, Chapter 165
10-2a-210
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-213
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-214
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-215
, as last amended by Laws of Utah 2020, Chapter 22
10-2a-404
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-405
, as last amended by Laws of Utah 2016, Chapter 176
10-2a-410
, as last amended by Laws of Utah 2017, Chapter 158
10-3-301
, as last amended by Laws of Utah 2020, Chapter 95
10-3-711
, as last amended by Laws of Utah 2004, Chapter 202
10-5-108
, as last amended by Laws of Utah 2017, Chapter 193
10-6-113
, as last amended by Laws of Utah 2017, Chapter 193
10-6-152
, as last amended by Laws of Utah 2009, Chapter 388
10-7-16
, as last amended by Laws of Utah 2009, Chapter 388
10-7-19
, as last amended by Laws of Utah 2019, Chapter 255
10-8-2
, as last amended by Laws of Utah 2019, Chapter 376
10-8-15
, as last amended by Laws of Utah 2019, Chapter 413
10-9a-204
, as last amended by Laws of Utah 2010, Chapter 90
10-9a-205
, as last amended by Laws of Utah 2017, Chapter 84
10-18-203
, as last amended by Laws of Utah 2010, Chapter 90
10-18-302
, as last amended by Laws of Utah 2014, Chapter 176
10-18-303
, as last amended by Laws of Utah 2009, Chapter 388
11-13-219
, as last amended by Laws of Utah 2015, Chapter 265
11-14-202
, as last amended by Laws of Utah 2020, Chapter 31
11-14-315
, as last amended by Laws of Utah 2010, Chapter 378
11-14-318
, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
11-14a-1
, as last amended by Laws of Utah 2009, Chapter 388
11-30-5
, as last amended by Laws of Utah 2009, Chapter 388
11-39-103
, as last amended by Laws of Utah 2014, Chapter 196
11-42-202
, as last amended by Laws of Utah 2020, Chapter 282
11-42-301
, as last amended by Laws of Utah 2017, Chapter 470
11-42-402
, as last amended by Laws of Utah 2015, Chapter 396
11-42-404
, as last amended by Laws of Utah 2015, Chapter 396
11-42a-201
, as last amended by Laws of Utah 2018, Chapters 197 and 431
17-27a-204
, as last amended by Laws of Utah 2010, Chapter 90
17-27a-205
, as last amended by Laws of Utah 2017, Chapter 84
17-27a-306
, as last amended by Laws of Utah 2015, Chapter 352
17-27a-404
, as last amended by Laws of Utah 2020, Chapter 434
17-41-302
, as last amended by Laws of Utah 2019, Chapter 227
17-41-304
, as last amended by Laws of Utah 2019, Chapter 227
17-41-405
, as last amended by Laws of Utah 2019, Chapter 227
17B-1-111
, as last amended by Laws of Utah 2011, Chapter 47
17B-1-211
, as last amended by Laws of Utah 2013, Chapter 265
17B-1-304
, as last amended by Laws of Utah 2017, Chapter 112
17B-1-306
, as last amended by Laws of Utah 2020, Chapter 31
17B-1-313
, as last amended by Laws of Utah 2009, Chapter 388
17B-1-417
, as last amended by Laws of Utah 2010, Chapter 90
17B-1-505.5
, as enacted by Laws of Utah 2017, Chapter 404
17B-1-609
, as last amended by Laws of Utah 2015, Chapter 436
17B-1-643
, as last amended by Laws of Utah 2016, Chapter 273
17B-1-1204
, as last amended by Laws of Utah 2010, Chapter 90
17B-1-1307
, as last amended by Laws of Utah 2010, Chapter 90
17B-2a-705
, as last amended by Laws of Utah 2019, Chapter 255
17B-2a-1007
, as last amended by Laws of Utah 2018, Chapter 197
17B-2a-1110
, as last amended by Laws of Utah 2016, Chapter 176
17C-1-601.5
, as last amended by Laws of Utah 2018, Chapter 101
17C-1-701.5
, as renumbered and amended by Laws of Utah 2016, Chapter 350
17C-1-806
, as last amended by Laws of Utah 2018, Chapter 364
17C-2-108
, as last amended by Laws of Utah 2016, Chapter 350
17C-3-107
, as last amended by Laws of Utah 2016, Chapter 350
17C-4-106
, as last amended by Laws of Utah 2016, Chapter 350
17C-4-202
, as last amended by Laws of Utah 2016, Chapter 350
17C-5-110
, as enacted by Laws of Utah 2016, Chapter 350
17C-5-205
, as last amended by Laws of Utah 2019, Chapter 376
20A-1-206
, as last amended by Laws of Utah 2019, Chapter 255
20A-3a-604
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-4-104
, as last amended by Laws of Utah 2020, Chapter 31
20A-4-304
, as last amended by Laws of Utah 2019, Chapters 255 and 433
20A-5-101
, as last amended by Laws of Utah 2019, Chapter 255
20A-5-403.5
, as enacted by Laws of Utah 2020, Chapter 31
20A-5-405
, as last amended by Laws of Utah 2020, Chapter 31
20A-9-203
, as last amended by Laws of Utah 2020, Chapter 22
26-8a-405.3
, as last amended by Laws of Utah 2012, Chapters 91, 347 and last
amended by Coordination Clause, Laws of Utah 2012, Chapter 347
38-8-3
, as last amended by Laws of Utah 2013, Chapter 163
54-8-10
, as last amended by Laws of Utah 2010, Chapter 90
54-8-16
, as last amended by Laws of Utah 2010, Chapter 90
54-8-23
, as last amended by Laws of Utah 2009, Chapter 388
57-13a-104
, as enacted by Laws of Utah 2013, Chapter 267
59-12-402
, as last amended by Laws of Utah 2017, Chapter 422
59-12-2208
, as enacted by Laws of Utah 2010, Chapter 263
62A-5-202.5
, as last amended by Laws of Utah 2019, Chapter 255
63A-5b-305
, as enacted by Laws of Utah 2020, Chapter 152
63F-1-701
, as last amended by Laws of Utah 2020, Chapter 154
63G-6a-112
, as last amended by Laws of Utah 2020, Chapter 257
72-5-105
, as last amended by Laws of Utah 2017, First Special Session, Chapter 2
72-6-108
, as last amended by Laws of Utah 2012, Chapter 347
76-8-809
, as last amended by Laws of Utah 2009, Chapter 388
78A-7-202
, as last amended by Laws of Utah 2015, Chapters 99 and 352
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
8-5-6
 is amended to read:
8-5-6.
Alternative council or board procedures for notice -- Termination of
rights.
(1) As an alternative to the procedures set forth in Sections 
8-5-1
 through 
8-5-4
, a
municipal council or cemetery maintenance district board may pass a resolution demanding
that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
notice of any claim to the lot, site, or portion of the cemetery.
(2) The municipal council or cemetery maintenance district board shall then cause a
copy of the resolution to be personally served on the owner in the same manner as personal
service of process in a civil action. The resolution shall notify the owner that the owner shall,
within 60 days after service of the resolution on the owner, express interest in maintaining the
cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
use the lot, site, or portion of the cemetery for a burial.
(3) If the owner cannot be personally served with the resolution of the municipal
council or cemetery maintenance district board as required in Subsection (2), the municipal
council or cemetery maintenance district board shall
:
(a)
 publish its resolution[
:
] 
on the Utah Public Notice Website created in Section
63F-1-701
 for three weeks; and
[
(a) (i) for three successive weeks in a newspaper of general circulation within the
county; and
]
[
(ii) in accordance with Section 
45-1-101
 for three weeks; and
]
(b) mail a copy of the resolution within 14 days after the publication to the owner's last
known address, if available.
(4) If, for 30 days after the last date of service or publication of the municipal council's
or cemetery maintenance district board's resolution, the owner or person with a legal interest in
the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
the cemetery for burial purposes, the owner's rights are terminated and that portion of the
cemetery shall be vested in the municipality or cemetery maintenance district.
Section 2. Section 
10-2-406
 is amended to read:
10-2-406.
Notice of certification -- Publishing and providing notice of petition.
(1) After receipt of the notice of certification from the city recorder or town clerk under
Subsection 
10-2-405
(2)(c)(i), the municipal legislative body shall publish notice:
[
(a) (i) at least once a week for three successive weeks, beginning no later than 10 days
after the day on which the municipal legislative body receives the notice of certification, in a
newspaper of general circulation within:
]
[
(A)
] 
(a) within
 the area proposed for annexation[
; and (B)
] 
and
 the unincorporated
area within 1/2 mile of the area proposed for annexation[
; (ii) if there is no newspaper of
general circulation in the combined area described in Subsections (1)(a)(i)(A) and (B)
], no later
than 10 days after the day on which the municipal legislative body receives the notice of
certification[
,
]
:
(i)
 by posting one notice, and at least one additional notice per 2,000 population within
the combined area, in places within the combined area that are most likely to give notice to the
residents within, and the owners of real property located within, the combined area; or
[
(iii) no later than 10 days after the day on which the municipal legislative body
receives the notice of certification,
]
(ii)
 by mailing the notice to each residence within, and to each owner of real property
located within, the combined area [
described in Subsections (1)(a)(i)(A) and (B)
];
[
(b) in accordance with Section 
45-1-101
, for three weeks, beginning no later than 10
days after the day on which the municipal legislative body receives the notice of certification;
]
[
(c)
] 
(b)
 on the Utah Public Notice Website created in Section 
63F-1-701
, for three
weeks, beginning no later than 10 days after the day on which the municipal legislative body
receives the notice of certification;
[
(d)
] 
(c)
 within 20 days after the day on which the municipal legislative body receives
the notice of certification, by mailing written notice to each affected entity; and
[
(e)
] 
(d)
 if the municipality has a website, on the municipality's website for the period
of time described in Subsection (1)[
(c)
]
(b)
.
(2) The notice described in Subsection (1) shall:
(a) state that a petition has been filed with the municipality proposing the annexation of
an area to the municipality;
(b) state the date of the municipal legislative body's receipt of the notice of certification
under Subsection 
10-2-405
(2)(c)(i);
(c) describe the area proposed for annexation in the annexation petition;
(d) state that the complete annexation petition is available for inspection and copying at
the office of the city recorder or town clerk;
(e) state in conspicuous and plain terms that the municipality may grant the petition
and annex the area described in the petition unless, within the time required under Subsection
10-2-407
(2)(a)(i), a written protest to the annexation petition is filed with the commission and
a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
municipality;
(f) state the address of the commission or, if a commission has not yet been created in
the county, the county clerk, where a protest to the annexation petition may be filed;
(g) state that the area proposed for annexation to the municipality will also
automatically be annexed to a local district providing fire protection, paramedic, and
emergency services or a local district providing law enforcement service, as the case may be, as
provided in Section 
17B-1-416
, if:
(i) the proposed annexing municipality is entirely within the boundaries of a local
district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the area proposed to be annexed to the municipality is not already within the
boundaries of the local district; and
(h) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services or
a local district providing law enforcement service, as the case may be, as provided in
Subsection 
17B-1-502
(2), if:
(i) the petition proposes the annexation of an area that is within the boundaries of a
local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the proposed annexing municipality is not within the boundaries of the local
district.
(3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
written protest in terms of the actual date rather than by reference to the statutory citation.
(b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
for a proposed annexation of an area within a county of the first class shall include a statement
that a protest to the annexation petition may be filed with the commission by property owners if
it contains the signatures of the owners of private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation.
Section 3. Section 
10-2-407
 is amended to read:
10-2-407.
Protest to annexation petition -- Planning advisory area planning
commission recommendation -- Petition requirements -- Disposition of petition if no
protest filed.
(1) A protest to an annexation petition under Section 
10-2-403
 may be filed by:
(a) the legislative body or governing board of an affected entity;
(b) the owner of rural real property as defined in Section 
17B-2a-1107
; or
(c) for a proposed annexation of an area within a county of the first class, the owners of
private real property that:
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(ii) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
(iii) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation.
(2) Each protest under Subsection (1) shall:
(a) be filed:
(i) no later than 30 days after the municipal legislative body's receipt of the notice of
certification under Subsection 
10-2-405
(2)(c)(i); and
(ii) (A) in a county that has already created a commission under Section 
10-2-409
, with
the commission; or
(B) in a county that has not yet created a commission under Section 
10-2-409
, with the
clerk of the county in which the area proposed for annexation is located;
(b) state each reason for the protest of the annexation petition and, if the area proposed
to be annexed is located in a specified county, justification for the protest under the standards
established in this chapter;
(c) if the area proposed to be annexed is located in a specified county, contain other
information that the commission by rule requires or that the party filing the protest considers
pertinent; and
(d) contain the name and address of a contact person who is to receive notices sent by
the commission with respect to the protest proceedings.
(3) The party filing a protest under this section shall on the same date deliver or mail a
copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
(4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
(a) immediately notify the county legislative body of the protest; and
(b) deliver the protest to the boundary commission within five days after:
(i) receipt of the protest, if the boundary commission has previously been created; or
(ii) creation of the boundary commission under Subsection 
10-2-409
(1)(b), if the
boundary commission has not previously been created.
(5) (a) If a protest is filed under this section:
(i) the municipal legislative body may, at its next regular meeting after expiration of
the deadline under Subsection (2)(a)(i), deny the annexation petition; or
(ii) if the municipal legislative body does not deny the annexation petition under
Subsection (5)(a)(i), the municipal legislative body may take no further action on the
annexation petition until after receipt of the commission's notice of its decision on the protest
under Section 
10-2-416
.
(b) If a municipal legislative body denies an annexation petition under Subsection
(5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
the denial in writing to:
(i) the contact sponsor of the annexation petition;
(ii) the commission; and
(iii) each entity that filed a protest.
(6) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (7), approve the petition.
(7) Before approving an annexation petition under Subsection (6), the municipal
legislative body shall hold a public hearing and publish notice of the public hearing:
[
(a) (i) at least seven days before the day of the public hearing in a newspaper of
general circulation within the municipality and the area proposed for annexation;
]
[
(ii) if there is no newspaper of general circulation in the combined area described in
Subsection (7)(a)(i),
]
(a) (i)
 at least seven days before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population within the [
combined area
] 
municipality
and the area proposed for annexation
, in places within [
the
] 
that
 combined area that are most
likely to give notice to the residents within, and the owners of real property located within, the
combined area; or
[
(iii)
] 
(ii)
 at least 10 days before the day of the public hearing by mailing the notice to
each residence within, and to each owner of real property located within, the combined area
described in Subsection (7)(a)(i);
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for seven days
before the day of the public hearing; 
and
[
(c) in accordance with Section 
45-1-101
, for seven days before the day of the public
hearing; and
]
[
(d)
] 
(c)
 if the municipality has a website, on the municipality's website for seven days
before the day of the public hearing.
Section 4. Section 
10-2-415
 is amended to read:
10-2-415.
Public hearing -- Notice.
(1) (a) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 
10-2-416
(3) with respect to a proposed annexation of an area
located in a county of the first class, the commission shall hold a public hearing within 30 days
after the day on which the commission receives the feasibility study or supplemental feasibility
study results.
(b) At the public hearing described in Subsection (1)(a), the commission shall:
(i) require the feasibility consultant to present the results of the feasibility study and, if
applicable, the supplemental feasibility study;
(ii) allow those present to ask questions of the feasibility consultant regarding the study
results; and
(iii) allow those present to speak to the issue of annexation.
(2) The commission shall publish notice of the public hearing described in Subsection
(1)(a)[
: (a) (i) at least once a week for two successive weeks before the public hearing in a
newspaper of general circulation
] within the area proposed for annexation, the surrounding 1/2
mile of unincorporated area, and the proposed annexing municipality[
;
]
:
[
(ii) if there is no newspaper of general circulation within the combined area described
in Subsection (2)(a)(i),
]
(a) (i)
 at least two weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population within the combined area, in places
within the combined area that are most likely to give notice of the public hearing to the
residents within, and the owners of real property located within, the combined area; or
[
(iii)
] 
(ii)
 by mailing notice to each residence within, and to each owner of real
property located within, the combined area [
described in Subsection (2)(a)(i)
];
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for two weeks
before the day of the public hearing;
[
(c) in accordance with Section 
45-1-101
, for two weeks before the day of the public
hearing;
]
[
(d)
] 
(c)
 by sending written notice of the public hearing to the municipal legislative
body of the proposed annexing municipality, the contact sponsor on the annexation petition,
each entity that filed a protest, and, if a protest was filed under Subsection 
10-2-407
(1)(c), the
contact person;
[
(e)
] 
(d)
 if the municipality has a website, on the municipality's website for two weeks
before the day of the public hearing; and
[
(f)
] 
(e)
 on the county's website for two weeks before the day of the public hearing.
(3) The notice described in Subsection (2) shall:
(a) be entitled, "notice of annexation hearing";
(b) state the name of the annexing municipality;
(c) describe the area proposed for annexation; and
(d) specify the following sources where an individual may obtain a copy of the
feasibility study conducted in relation to the proposed annexation:
(i) if the municipality has a website, the municipality's website;
(ii) a municipality's physical address; and
(iii) a mailing address and telephone number.
(4) Within 30 days after the time under Subsection 
10-2-407
(2) for filing a protest has
expired with respect to a proposed annexation of an area located in a specified county, the
boundary commission shall hold a hearing on all protests that were filed with respect to the
proposed annexation.
(5) At least 14 days before the date of a hearing described in Subsection (4), the
commission chair shall publish notice of the hearing:
[
(a) (i) in a newspaper of general circulation within the area proposed for annexation;
]
[
(ii) if there is no newspaper of general circulation within the area proposed for
annexation,
]
(a) (i)
 by posting one notice, and at least one additional notice per 2,000 population
within the area 
proposed for annexation,
 in places within the area that are most likely to give
notice of the hearing to the residents within, and the owners of real property located within, the
area; or
[
(iii)
] 
(ii) by
 mailing notice to each resident within, and each owner of real property
located within, the area proposed for annexation;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for 14 days before
the day of the hearing;
[
(c) in accordance with Section 
45-1-101
, for 14 days before the day of the hearing;
]
[
(d)
] 
(c)
 if the municipality has a website, on the municipality's website for two weeks
before the day of the public hearing; and
[
(e)
] 
(d)
 on the county's website for two weeks before the day of the public hearing.
(6) Each notice described in Subsection (5) shall
:
(a)
 state the date, time, and place of the hearing;
[
(a)
] 
(b)
 briefly summarize the nature of the protest; and
[
(b)
] 
(c)
 state that a copy of the protest is on file at the commission's office.
(7) The commission may continue a hearing under Subsection (4) from time to time,
but no continued hearing may be held later than 60 days after the original hearing date.
(8) In considering protests, the commission shall consider whether the proposed
annexation:
(a) complies with the requirements of Sections 
10-2-402
 and 
10-2-403
 and the
annexation policy plan of the proposed annexing municipality;
(b) conflicts with the annexation policy plan of another municipality; and
(c) if the proposed annexation includes urban development, will have an adverse tax
consequence on the remaining unincorporated area of the county.
(9) (a) The commission shall record each hearing under this section by electronic
means.
(b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
applicable, information received at the hearing, and the written decision of the commission
shall constitute the record of the hearing.
Section 5. Section 
10-2-418
 is amended to read:
10-2-418.
Annexation of an island or peninsula without a petition -- Notice --
Hearing.
(1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
accordance with this section of an area located within a county of the first class,
"municipal-type services" does not include a service provided by a municipality pursuant to a
contract that the municipality has with another political subdivision as "political subdivision" is
defined in Section 
17B-1-102
.
(2) Notwithstanding Subsection 
10-2-402
(2), a municipality may annex an
unincorporated area under this section without an annexation petition if:
(a) for an unincorporated area within the expansion area of more than one municipality,
each municipality agrees to the annexation; and
(b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
or unincorporated peninsulas contiguous to the municipality;
(B) the majority of each island or peninsula consists of residential or commercial
development;
(C) the area proposed for annexation requires the delivery of municipal-type services;
and
(D) the municipality has provided most or all of the municipal-type services to the area
for more than one year;
(ii) (A) the area to be annexed consists of one or more unincorporated islands within or
unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
residents; and
(B) the municipality has provided one or more municipal-type services to the area for
at least one year;
(iii) the area consists of:
(A) an unincorporated island within or an unincorporated peninsula contiguous to the
municipality; and
(B) for an area outside of the county of the first class proposed for annexation, no more
than 50 acres; or
(iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
county of the second class;
(B) the area to be annexed is located in the expansion area of a municipality; and
(C) the county legislative body in which the municipality is located provides notice to
each property owner within the area to be annexed that the county legislative body will hold a
public hearing, no less than 15 days after the day on which the county legislative body provides
the notice, and may make a recommendation of annexation to the municipality whose
expansion area includes the area to be annexed after the public hearing.
(3) Notwithstanding Subsection 
10-2-402
(1)(b)(iii), a municipality may annex a
portion of an unincorporated island or unincorporated peninsula under this section, leaving
unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
(a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
determines that not annexing the entire unincorporated island or unincorporated peninsula is in
the municipality's best interest; and
(b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
the entire island of unincorporated area, of which a portion is being annexed, complies with the
requirement of Subsection (2)(b)(ii) relating to the number of residents.
(4) (a) This subsection applies only to an annexation within a county of the first class.
(b) A county of the first class shall agree to an annexation if the majority of private
property owners within the area to be annexed give written consent to the annexation, in
accordance with Subsection (4)(d), to the recorder of the annexing municipality.
(c) For purposes of Subsection (4)(b), the majority of private property owners is
property owners who own:
(i) the majority of the total private land area within the area proposed for annexation;
and
(ii) private real property equal to at least 1/2 the value of private real property within
the area proposed for annexation.
(d) A property owner consenting to annexation shall indicate the property owner's
consent on a form which includes language in substantially the following form:
"Notice: If this written consent is used to proceed with an annexation of your property
in accordance with Utah Code Section 
10-2-418
, no public election is required by law to
approve the annexation. If you sign this consent and later decide you do not want to support
the annexation of your property, you may withdraw your signature by submitting a signed,
written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
choose to withdraw your signature, you must do so no later than the close of the public hearing
on the annexation conducted in accordance with Utah Code Subsection 
10-2-418
(4)(d).".
(e) A private property owner may withdraw the property owner's signature indicating
consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
close of the public hearing held in accordance with Subsection (5)(b).
(5) The legislative body of each municipality intending to annex an area under this
section shall:
(a) adopt a resolution indicating the municipal legislative body's intent to annex the
area, describing the area proposed to be annexed; and
(b) hold a public hearing on the proposed annexation no earlier than 30 days after the
adoption of the resolution described in Subsection (5)(a).
(6) A legislative body described in Subsection (5) shall publish notice of a public
hearing described in Subsection (5)(b):
[
(a) (i) at least once a week for three successive weeks before the public hearing in a
newspaper of general circulation within the municipality and the area proposed for
annexation;
]
[
(ii) if there is no newspaper of general circulation in the combined area described in
Subsection (6)(a)(i),
]
(a) (i)
 at least three weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population in the [
combined area
] 
municipality and
the area proposed for annexation
, in places within the combined area that are most likely to
give notice to the residents within, and the owners of real property located within, the
combined area; or
[
(iii)
] 
(ii)
 at least three weeks before the day of the public hearing, by mailing notice to
each residence within, and each owner of real property located within, the combined area
described in Subsection (6)(a)(i);
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the public hearing;
[
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the public
hearing;
]
[
(d)
] 
(c)
 by sending written notice to:
(i) the board of each local district and special service district whose boundaries contain
some or all of the area proposed for annexation; and
(ii) the legislative body of the county in which the area proposed for annexation is
located; and
[
(e)
] 
(d)
 if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
(7) The legislative body of the annexing municipality shall ensure that:
(a) each notice described in Subsection (6):
(i) states that the municipal legislative body has adopted a resolution indicating the
municipality's intent to annex the area proposed for annexation;
(ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
(iii) describes the area proposed for annexation; and
(iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
states in conspicuous and plain terms that the municipal legislative body will annex the area
unless, at or before the public hearing described in Subsection (5)(b), written protests to the
annexation are filed by the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) covers a majority of the total private land area within the entire area proposed for
annexation; and
(C) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation; and
(b) the first publication of the notice described in Subsection (6)(a) occurs within 14
days after the day on which the municipal legislative body adopts a resolution under Subsection
(5)(a).
(8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
ordinance approving the annexation of the area proposed for annexation under this section
unless, at or before the hearing, written protests to the annexation have been filed with the
recorder or clerk of the municipality by the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the total private land area within the entire area proposed for
annexation; and
(iii) is equal in value to at least 1/2 the value of all private real property within the
entire area proposed for annexation.
(b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
described in Subsection (5)(b), a municipality may adopt an ordinance approving the
annexation of the area proposed for annexation under this section without allowing or
considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
land area within the entire area proposed for annexation, representing at least 75% of the value
of the private real property within the entire area proposed for annexation, have consented in
writing to the annexation.
(ii) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
validly annexed.
(c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
described in Subsection (5)(b), a municipality may adopt an ordinance approving the
annexation of an area that the county legislative body proposes for annexation under this
section without allowing or considering protests under Subsection (8)(a) if the county
legislative body has formally recommended annexation to the annexing municipality and has
made a formal finding that:
(A) the area to be annexed can be more efficiently served by the municipality than by
the county;
(B) the area to be annexed is not likely to be naturally annexed by the municipality in
the future as the result of urban development;
(C) annexation of the area is likely to facilitate the consolidation of overlapping
functions of local government; and
(D) annexation of the area is likely to result in an equitable distribution of community
resources and obligations.
(ii) The county legislative body may base the finding required in Subsection
(8)(c)(i)(B) on:
(A) existing development in the area;
(B) natural or other conditions that may limit the future development of the area; or
(C) other factors that the county legislative body considers relevant.
(iii) A county legislative body may make the recommendation for annexation required
in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
information provided at the public hearing, the county legislative body makes a formal finding
that it would be equitable to leave a portion of the island unincorporated.
(iv) If a county legislative body has made a recommendation of annexation under
Subsection (8)(c)(i):
(A) the relevant municipality is not required to proceed with the recommended
annexation; and
(B) if the relevant municipality proceeds with annexation, the municipality shall annex
the entire area that the county legislative body recommended for annexation.
(v) Upon the effective date under Section 
10-2-425
 of an annexation approved by an
ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
validly annexed.
(9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
approving the annexation of the area proposed for annexation, and the annexation proceedings
under this section shall be considered terminated.
(b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
from a proposed annexation under Subsection (2)(b) the property within an unincorporated
island regarding which protests have been filed and proceeding under Subsection (3) to annex
some or all of the remaining portion of the unincorporated island.
Section 6. Section 
10-2-419
 is amended to read:
10-2-419.
Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries
may adjust their common boundaries as provided in this section.
(2) The legislative body of each municipality intending to adjust a boundary that is
common with another municipality shall:
(a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
common boundary; and
(b) hold a public hearing on the proposed adjustment no less than 60 days after the
adoption of the resolution under Subsection (2)(a).
(3) A legislative body described in Subsection (2) shall publish notice of a public
hearing described in Subsection (2)(b):
[
(a) (i) at least once a week for three successive weeks before the public hearing in a
newspaper of general circulation within the municipality;
]
[
(ii) if there is no newspaper of general circulation within the municipality,
]
(a) (i)
 at least three weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to residents of the municipality; or
[
(iii)
] 
(ii)
 at least three weeks before the day of the public hearing, by mailing notice to
each residence in the municipality;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the public hearing;
[
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the public
hearing;
]
[
(d)
] 
(c)
 if the proposed boundary adjustment may cause any part of real property
owned by the state to be within the geographic boundary of a different local governmental
entity than before the adjustment, by providing written notice, at least 50 days before the day of
the public hearing, to:
(i) the title holder of any state-owned real property described in this Subsection (3)(d);
and
(ii) the Utah State Developmental Center Board, created under Section [
62A-5-202
]
62A-5-202.2
, if any state-owned real property described in this Subsection (3)(d) is associated
with the Utah State Developmental Center; and
[
(e)
] 
(d)
 if the municipality has a website, on the municipality's website for three weeks
before the day of the public hearing.
(4) The notice described in Subsection (3) shall:
(a) state that the municipal legislative body has adopted a resolution indicating the
municipal legislative body's intent to adjust a boundary that the municipality has in common
with another municipality;
(b) describe the area proposed to be adjusted;
(c) state the date, time, and place of the public hearing described in Subsection (2)(b);
(d) state in conspicuous and plain terms that the municipal legislative body will adjust
the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
protest to the adjustment is filed by:
(i) an owner of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed for
adjustment; and
(C) is equal in value to at least 15% of the value of all private real property within the
area proposed for adjustment; or
(ii) a title holder of state-owned real property described in Subsection (3)(d);
(e) state that the area that is the subject of the boundary adjustment will, because of the
boundary adjustment, be automatically annexed to a local district providing fire protection,
paramedic, and emergency services or a local district providing law enforcement service, as the
case may be, as provided in Section 
17B-1-416
, if:
(i) the municipality to which the area is being added because of the boundary
adjustment is entirely within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is not within the boundaries of the local district; and
(f) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services,
as provided in Subsection 
17B-1-502
(2), if:
(i) the municipality to which the area is being added because of the boundary
adjustment is not within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is entirely within the boundaries of the local district.
[
(5) The first publication of the notice described in Subsection (3)(a)(i) shall be within
days after the day on which the municipal legislative body adopts a resolution under
Subsection (2)(a).
]
[
(6)
] 
(5)
 Upon conclusion of the public hearing described in Subsection (2)(b), the
municipal legislative body may adopt an ordinance approving the adjustment of the common
boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
adjustment is filed with the city recorder or town clerk by a person described in Subsection
(3)(d)(i) or (ii).
[
(7)
] 
(6)
 The municipal legislative body shall comply with the requirements of Section
10-2-425
 as if the boundary adjustment were an annexation.
[
(8)
] 
(7)
 (a) An ordinance adopted under Subsection [
(6)
] 
(5)
 becomes effective when
each municipality involved in the boundary adjustment has adopted an ordinance under
Subsection [
(6)
] 
(5)
.
(b) The effective date of a boundary adjustment under this section is governed by
Section 
10-2-425
.
Section 7. Section 
10-2-502.5
 is amended to read:
10-2-502.5.
Hearing on request for disconnection -- Determination by municipal
legislative body -- Petition in district court.
(1) No sooner than [
seven calendar days after, and no later than 30 calendar days after,
the last day on which the petitioner publishes the notice required under Subsection
10-2-501
(3)(a)
] 
three weeks after notice is provided under Subsection 
10-2-501
(3)
, the
legislative body of the municipality in which the area proposed for disconnection is located
shall hold a public hearing.
(2) The municipal legislative body shall provide notice of the public hearing:
(a) at least seven days before the hearing date, in writing to the petitioner and to the
legislative body of the county in which the area proposed for disconnection is located;
[
(b) (i) at least seven days before the hearing date, by publishing notice in a newspaper
of general circulation within the municipality;
]
[
(ii) if there is no newspaper of general circulation within the municipality,
]
(b) (i)
 at least seven days before the hearing date, by posting one notice, and at least
one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to residents within, and the owners of real
property located within, the municipality; or
[
(iii)
] 
(ii)
 at least 10 days before the hearing date, by mailing notice to each residence
within, and each owner of real property located within, the municipality;
(c) on the Utah Public Notice Website created in Section 
63F-1-701
, for seven days
before the hearing date; 
and
[
(d) in accordance with Section 
45-1-101
, for seven days before the hearing date; and
]
[
(e)
] 
(d)
 if the municipality has a website, on the municipality's website for seven days
before the hearing date.
(3) In the public hearing, any person may speak and submit documents regarding the
disconnection proposal.
(4) Within 45 calendar days of the hearing, the municipal legislative body shall:
(a) determine whether to grant the request for disconnection; and
(b) if the municipality determines to grant the request, adopt an ordinance approving
disconnection of the area from the municipality.
(5) (a) A petition against the municipality challenging the municipal legislative body's
determination under Subsection (4) may be filed in district court by:
(i) the petitioner; or
(ii) the county in which the area proposed for disconnection is located.
(b) Each petition under Subsection (5)(a) shall include a copy of the request for
disconnection.
Section 8. Section 
10-2-607
 is amended to read:
10-2-607.
Notice of election.
If the county legislative bodies find that the resolution or petition for consolidation and
their attachments substantially conform with the requirements of this part, the county
legislative bodies shall publish notice of the election for consolidation to the voters of each
municipality that would become part of the consolidated municipality:
[
(1) (a) in a newspaper of general circulation within the boundaries of the municipality
at least once a week for four consecutive weeks before the election;
]
[
(b) if there is no newspaper of general circulation in the municipality,
]
(1) (a)
 at least four weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to the voters in the municipality; or
[
(c)
] 
(b)
 at least four weeks before the day of the election, by mailing notice to each
registered voter in the municipality;
(2) on the Utah Public Notice Website created in Section 
63F-1-701
, for at least four
weeks before the day of the election; 
and
[
(3) in accordance with Section 
45-1-101
, for at least four weeks before the day of the
election; and
]
[
(4)
] 
(3)
 if the municipality has a website, on the municipality's website for at least four
weeks before the day of the election.
Section 9. Section 
10-2-703
 is amended to read:
10-2-703.
Publication of notice of election.
(1) Immediately after setting the date for the election, the court shall order for
publication notice of the:
(a) petition; and
(b) date the election is to be held to determine the question of dissolution.
(2) The notice described in Subsection (1) shall be published:
[
(a) (i) for at least once a week for a period of four weeks before the election in a
newspaper of general circulation in the municipality;
]
[
(ii) if there is no newspaper of general circulation in the municipality,
]
(a) (i)
 at least four weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to the voters in the municipality; or
[
(iii)
] 
(ii)
 at least one month before the day of the election, by mailing notice to each
registered voter in the municipality;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for four weeks
before the day of the election; 
and
[
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
]
[
(d)
] 
(c)
 if the municipality has a website, on the municipality's website for four weeks
before the day of the election.
Section 10. Section 
10-2-708
 is amended to read:
10-2-708.
Notice of disincorporation -- Publication and filing.
When a municipality has been dissolved, the clerk of the court shall publish notice of
the dissolution:
[
(1) (a) in a newspaper of general circulation in the county in which the municipality is
located at least once a week for four consecutive weeks;
]
[
(b) if there is no newspaper of general circulation in the county in which the
municipality is located,
]
(1) (a)
 by posting one notice, and at least one additional notice per 2,000 population of
the county in places within the county that are most likely to give notice to the residents within,
and the owners of real property located within, the county, including the residents and owners
within the municipality that is dissolved; or
[
(c)
] 
(b)
 by mailing notice to each residence within, and each owner of real property
located within, the county;
(2) on the Utah Public Notice Website created in Section 
63F-1-701
, for four weeks;
[
(3) in accordance with Section 
45-1-101
, for four weeks;
]
[
(4)
] 
(3)
 if the municipality has a website, on the municipality's website for four weeks;
and
[
(5)
] 
(4)
 on the county's website for four weeks.
Section 11. Section 
10-2a-207
 is amended to read:
10-2a-207.
Public hearings on feasibility study results -- Notice of hearings.
(1) If the results of the feasibility study or supplemental feasibility study comply with
Subsection 
10-2a-205
(6)(a), the lieutenant governor shall, after receipt of the results of the
feasibility study or supplemental feasibility study, conduct at least two public hearings:
(a) within 60 days after the day on which the lieutenant governor receives the results;
(b) at least seven days apart;
(c) except in a proposed municipality that will be a city of the fifth class or a town, in
geographically diverse locations;
(d) within or near the proposed municipality;
(e) to allow the feasibility consultant to present the results of the feasibility study; and
(f) to inform the public about the results of the feasibility study.
(2) At each public hearing described in Subsection (1), the lieutenant governor shall:
(a) provide a map or plat of the boundary of the proposed municipality;
(b) provide a copy of the feasibility study for public review;
(c) allow members of the public to express views about the proposed incorporation,
including views about the proposed boundaries; and
(d) allow the public to ask the feasibility consultant questions about the feasibility
study.
(3) The lieutenant governor shall publish notice of the public hearings described in
Subsection (1):
[
(a) (i) at least once a week for three consecutive weeks before the first public hearing
in a newspaper of general circulation within the proposed municipality;
]
[
(ii) if there is no newspaper of general circulation in the proposed municipality,
]
(a) (i)
 at least three weeks before the day of the first public hearing, by posting one
notice, and at least one additional notice per 2,000 population of the proposed municipality, in
places within the proposed municipality that are most likely to give notice to the residents
within, and the owners of real property located within, the proposed municipality; or
[
(iii)
] 
(ii)
 at least three weeks before the first public hearing, by mailing notice to each
residence within, and each owner of real property located within, the proposed municipality;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the first public hearing; 
and
[
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the first
public hearing; and
]
[
(d)
] 
(c)
 on the lieutenant governor's website for three weeks before the day of the first
public hearing.
[
(4) The last notice required to be published under Subsection (3)(a)(i) shall be at least
three days before the first public hearing required under Subsection (1).
]
[
(5)
] 
(4)
 (a) Except as provided in Subsection [
(5)
] 
(4)
(b), the notice described in
Subsection (3) shall include the feasibility study summary described in Subsection
10-2a-205
(3)(c) and shall indicate that a full copy of the study is available on the lieutenant
governor's website and for inspection at the Office of the Lieutenant Governor.
(b) Instead of publishing the feasability summary under Subsection [
(5)
] 
(4)
(a), the
lieutenant governor may publish a statement that specifies the following sources where a
resident within, or the owner of real property located within, the proposed municipality, may
view or obtain a copy of the feasability study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
Section 12. Section 
10-2a-210
 is amended to read:
10-2a-210.
Incorporation election.
(1) (a) If the lieutenant governor certifies a petition under Subsection 
10-2a-209
(1)(b),
the lieutenant governor shall schedule an incorporation election for the proposed municipality
described in the petition to be held on the date of the next regular general election described in
Section 
20A-1-201
, or the next municipal general election described in Section 
20A-1-202
, that
is at least 65 days after the day on which the lieutenant governor certifies the petition.
(b) (i) The lieutenant governor shall direct the county legislative body of the county in
which the proposed municipality is located to hold the election on the date that the lieutenant
governor schedules under Subsection (1)(a).
(ii) The county shall hold the election as directed by the lieutenant governor under
Subsection (1)(b)(i).
(2) The county clerk shall publish notice of the election:
[
(a) (i) in a newspaper of general circulation within the area proposed to be
incorporated at least once a week for three successive weeks before the election;
]
[
(ii) if there is no newspaper of general circulation in the area proposed to be
incorporated,
]
(a) (i)
 at least three weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the area proposed to be incorporated, in
places within the area proposed to be incorporated that are most likely to give notice to the
voters within the area proposed to be incorporated; or
[
(iii)
] 
(ii)
 at least three weeks before the day of the election, by mailing notice to each
registered voter in the area proposed to be incorporated;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the election;
[
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the
election;
]
[
(d)
] 
(c)
 if the proposed municipality has a website, on the proposed municipality's
website for three weeks before the day of the election; and
[
(e)
] 
(d)
 on the county's website for three weeks before the day of the election.
(3) (a) The notice required by Subsection (2) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a municipality;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) except as provided in Subsection (3)(c), the feasibility study summary described in
Subsection 
10-2a-205
(3)(c) and a statement that a full copy of the study is available on the
lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
[
(b) The last notice required to be published under Subsection (2)(a)(i) shall be
published at least one day, but no more than seven days, before the day of the election.
]
[
(c)
] 
(b)
 Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the
notice may include a statement that specifies the following sources where a registered voter in
area proposed to be incorporated may view or obtain a copy the feasibility study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
(4) An individual may not vote in an incorporation election under this section unless
the individual is a registered voter who resides, as defined in Section 
20A-1-102
, within the
boundaries of the proposed municipality.
(5) If a majority of those who vote in an incorporation election held under this section
cast votes in favor of incorporation, the area shall incorporate.
Section 13. Section 
10-2a-213
 is amended to read:
10-2a-213.
Determination of number of council members -- Determination of
election districts -- Hearings and notice.
(1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
after the day on which the county conducts the canvass of the election under Section
10-2a-212
:
(a) for the incorporation of a city:
(i) if the voters at the incorporation election choose the council-mayor form of
government, determine the number of council members that will constitute the city council of
the city; and
(ii) if the voters at the incorporation election vote to elect council members by district,
determine the number of council members to be elected by district and draw the boundaries of
those districts, which shall be substantially equal in population; and
(b) for the incorporation of any municipality:
(i) determine the initial terms of the mayor and members of the municipal council so
that:
(A) the mayor and approximately half the members of the municipal council are
elected to serve an initial term, of no less than one year, that allows the mayor's and members'
successors to serve a full four-year term that coincides with the schedule established in
Subsection 
10-3-205
(1); and
(B) the remaining members of the municipal council are elected to serve an initial
term, of no less than one year, that allows the members' successors to serve a full four-year
term that coincides with the schedule established in Subsection 
10-3-205
(2); and
(ii) submit in writing to the county legislative body the results of the determinations
made by the sponsors under Subsections (1)(a) and (b)(i).
(2) A newly incorporated town shall operate under the five-member council form of
government as defined in Section 
10-3b-102
.
(3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
sponsors shall hold a public hearing within the future municipality on the applicable issues
described in Subsections (1)(a) and (b)(i).
(4) The petition sponsors shall publish notice of the public hearing described in
Subsection (3):
[
(a) (i) in a newspaper of general circulation within the future municipality at least
once a week for two successive weeks before the public hearing;
]
[
(ii) if there is no newspaper of general circulation in the future municipality,
]
(a) (i)
 at least two weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population of the future municipality, in places
within the future municipality that are most likely to give notice to the residents within, and the
owners of real property located within, the future municipality; or
[
(iii)
] 
(ii)
 at least two weeks before the day of the public hearing, by mailing notice to
each residence within, and each owner of real property located within, the future municipality;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for two weeks
before the day of the public hearing;
[
(c) in accordance with Section 
45-1-101
, for at least two weeks before the day of the
public hearing;
]
[
(d)
] 
(c)
 if the future municipality has a website, for two weeks before the day of the
public hearing; and
[
(e)
] 
(d)
 on the county's website for two weeks before the day of the public hearing.
[
(5) The last notice required to be published under Subsection (4)(a)(i) shall be
published at least three days before the day of the public hearing described in Subsection (3).
]
Section 14. Section 
10-2a-214
 is amended to read:
10-2a-214.
Notice of number of commission or council members to be elected and
of district boundaries -- Declaration of candidacy for municipal office.
(1) Within 20 days after the day on which a county legislative body receives the
petition sponsors' determination under Subsection 
10-2a-213
(1)(b)(ii), the county clerk shall
publish, in accordance with Subsection (2), notice containing:
(a) the number of municipal council members to be elected for the new municipality;
(b) except as provided in Subsection (3), if some or all of the municipal council
members are to be elected by district, a description of the boundaries of those districts;
(c) information about the deadline for an individual to file a declaration of candidacy to
become a candidate for mayor or municipal council; and
(d) information about the length of the initial term of each of the municipal officers.
(2) The county clerk shall publish the notice described in Subsection (1):
[
(a) (i) in a newspaper of general circulation within the future municipality at least
once a week for two consecutive weeks;
]
[
(ii) if there is no newspaper of general circulation in the future municipality,
]
(a) (i)
 by posting one notice, and at least one additional notice per 2,000 population of
the future municipality, in places within the future municipality that are most likely to give
notice to the residents in the future municipality; or
[
(iii)
] 
(ii)
 by mailing notice to each residence in the future municipality;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for two weeks;
[
(c) in accordance with Section 
45-1-101
, for two weeks;
]
[
(d)
] 
(c)
 if the future municipality has a website, on the future municipality's website
for two weeks; and
[
(e)
] 
(d)
 on the county's website for two weeks.
(3) Instead of publishing the district boundaries described in Subsection (1)(b), the
notice may include a statement that specifies the following sources where a resident of the
future municipality may view or obtain a copy the district:
(a) the county website;
(b) the physical address of the county offices; and
(c) a mailing address and telephone number.
(4) Notwithstanding Subsection 
20A-9-203
(3)(a), each individual seeking to become a
candidate for mayor or municipal council of a municipality incorporating under this part shall
file a declaration of candidacy with the clerk of the county in which the future municipality is
located and in accordance with:
(a) for an incorporation held on the date of a regular general election, the deadlines for
filing a declaration of candidacy under Section 
20A-9-202
; or
(b) for an incorporation held on the date of a municipal general election, the deadlines
for filing a declaration of candidacy under Section 
20A-9-203
.
Section 15. Section 
10-2a-215
 is amended to read:
10-2a-215.
Election of officers of new municipality -- Primary and final election
dates -- County clerk duties -- Candidate duties -- Occupation of office.
(1) For the election of municipal officers, the county legislative body shall:
(a) unless a primary election is prohibited under Subsection 
20A-9-404
(2), hold a
primary election; and
(b) unless the election may be cancelled in accordance with Section 
20A-1-206
, hold a
final election.
(2) Each election described in Subsection (1) shall be held:
(a) consistent with the petition sponsors' determination of the length of each council
member's initial term; and
(b) for the incorporation of a city:
(i) appropriate to the form of government chosen by the voters at the incorporation
election;
(ii) consistent with the voters' decision about whether to elect city council members by
district and, if applicable, consistent with the boundaries of those districts as determined by the
petition sponsors; and
(iii) consistent with the sponsors' determination of the number of city council members
to be elected.
(3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 
20A-1-201.5
(2),
the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
(i) regular primary election described in Subsection 
20A-1-201.5
(1); or
(ii) municipal primary election described in Section 
20A-9-404
.
(b) The county shall hold the primary election, if necessary, on the next election date
described in Subsection (3)(a) that is after the incorporation election conducted under Section
10-2a-210
.
(4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
Subsection (1)(b):
(i) on the following election date that next follows the date of the incorporation
election held under Subsection 
10-2a-210
(1)(a);
(ii) a regular general election described in Section 
20A-1-201
; or
(iii) a regular municipal general election under Section 
20A-1-202
.
(b) The county shall hold the final election on the earliest of the next election date that
is listed in Subsection (4)(a)(i), (ii), or (iii):
(i) that is after a primary election; or
(ii) if there is no primary election, that is at least:
(A) 75 days after the incorporation election under Section 
10-2a-210
; and
(B) 65 days after the candidate filing period.
(5) The county clerk shall publish notice of an election under this section:
[
(a) (i) in accordance with Subsection (6), at least once a week for two consecutive
weeks before the election in a newspaper of general circulation within the future municipality;
]
[
(ii) if there is no newspaper of general circulation in the future municipality,
]
(a) (i)
 at least two weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the future municipality, in places within the
future municipality that are most likely to give notice to the voters within the future
municipality; or
[
(iii)
] 
(ii)
 at least two weeks before the day of the election, by mailing notice to each
registered voter within the future municipality;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for two weeks
before the day of the election;
[
(c) in accordance with Section 
45-1-101
, for two weeks before the day of the
election;
]
[
(d)
] 
(c)
 if the future municipality has a website, on the future municipality's website
for two weeks before the day of the election; and
[
(e)
] 
(d)
 on the county's website for two weeks before the day of the election.
[
(6) The last notice required to be published under Subsection (5)(a)(i) shall be
published at least one day but no more than seven days before the day of the election.
]
[
(7)
] 
(6)
 Until the municipality is incorporated, the county clerk:
(a) is the election officer for all purposes related to the election of municipal officers;
(b) may, as necessary, determine appropriate deadlines, procedures, and instructions
related to the election of municipal officers for a new municipality that are not otherwise
contrary to law;
(c) shall require and determine deadlines for municipal office candidates to file
campaign financial disclosures in accordance with Section 
10-3-208
; and
(d) shall ensure that the ballot for the election includes each office that is required to be
included in the election for officers of the newly incorporated municipality, including the term
of each office.
[
(8)
] 
(7)
 An individual who has filed as a candidate for an office described in this
section shall comply with:
(a) the campaign finance disclosure requirements described in Section 
10-3-208
; and
(b) the requirements and deadlines established by the county clerk under this section.
[
(9)
] 
(8)
 Notwithstanding Section 
10-3-201
, the officers elected at a final election
described in Subsection (4)(a) shall take office:
(a) after taking the oath of office; and
(b) at noon on the first Monday following the day on which the election official
transmits a certificate of nomination or election under the officer's seal to each elected
candidate in accordance with Subsection 
20A-4-304
(4)(b).
Section 16. Section 
10-2a-404
 is amended to read:
10-2a-404.
Election.
(1) (a) Notwithstanding Section 
20A-1-203
, a county of the first class shall hold a local
special election on November 3, 2015, on the following ballot propositions:
(i) for registered voters residing within a planning township:
(A) whether the planning township shall be incorporated as a city or town, according to
the classifications of Section 
10-2-301
, or as a metro township; and
(B) if the planning township incorporates as a metro township, whether the metro
township is included in a municipal services district; and
(ii) for registered voters residing within an unincorporated island, whether the island
should maintain its unincorporated status or be annexed into an eligible city.
(b) (i) A metro township incorporated under this part shall be governed by the
five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
Municipal Government.
(ii) A city or town incorporated under this part shall be governed by the five-member
council form of government as defined in Section 
10-3b-102
.
(2) Unless a person is a registered voter who resides, as defined in Section 
20A-1-102
,
within the boundaries of a planning township or an unincorporated island, the person may not
vote on the proposed incorporation or annexation.
(3) The county clerk shall publish notice of the election[
:
] 
on the Utah Public Notice
Website created in Section 
63F-1-701
 for three weeks before the election.
[
(a) in a newspaper of general circulation within the planning township or
unincorporated island at least once a week for three successive weeks; and
]
[
(b) in accordance with Section 
45-1-101
 for three weeks.
]
(4) The notice required by Subsection (3) shall contain:
(a) for residents of a planning township:
(i) a statement that the voters will vote:
(A) to incorporate as a city or town, according to the classifications of Section
10-2-301
, or as a metro township; and
(B) if the planning township incorporates as a metro township, whether the metro
township is included in a municipal services district;
(ii) if applicable under Subsection 
10-2a-405
(5), a map showing the alteration to the
planning township boundaries that would be effective upon incorporation;
(iii) a statement that if the residents of the planning township elect to incorporate:
(A) as a metro township, the metro township shall be governed by a five-member
metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
of Municipal Government; or
(B) as a city or town, the city or town shall be governed by the five-member council
form of government as defined in Section 
10-3b-102
; and
(iv) a statement of the date and time of the election and the location of polling places;
(b) for residents of an unincorporated island:
(i) a statement that the voters will vote either to be annexed into an eligible city or
maintain unincorporated status; and
(ii) a statement of the eligible city, as determined by the county legislative body in
accordance with Section 
10-2a-405
, the unincorporated island may elect to be annexed by; and
(c) a statement of the date and time of the election and the location of polling places.
[
(5) The last publication of notice required under Subsection (3) shall occur at least one
day but no more than seven days before the election.
]
[
(6) (a) In accordance with Subsection (3)(a), if there is no newspaper of general
circulation within the proposed metro township or unincorporated island,
]
(5) (a) In addition to the notice required under Subsection (3),
 the county clerk shall
post at least one notice of the election per 1,000 population in conspicuous places within the
planning township or unincorporated island that are most likely to give notice of the election to
the voters of the proposed incorporation or annexation.
(b) The clerk shall post the notices under Subsection [
(6)
] 
(5)
(a) at least seven days
before the election under Subsection (1).
[
(7)
] 
(6)
 (a) In a planning township, if a majority of those casting votes within the
planning township vote to:
(i) incorporate as a city or town, the planning township shall incorporate as a city or
town, respectively; or
(ii) incorporate as a metro township, the planning township shall incorporate as a metro
township.
(b) If a majority of those casting votes within the planning township vote to incorporate
as a metro township, and a majority of those casting votes vote to include the metro township
in a municipal services district and limit the metro township's municipal powers, the metro
township shall be included in a municipal services district and have limited municipal powers.
(c) In an unincorporated island, if a majority of those casting a vote within the selected
unincorporated island vote to:
(i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
(ii) remain an unincorporated area, the area shall remain unincorporated.
[
(8)
] 
(7)
 The county shall, in consultation with interested parties, prepare and provide
information on an annexation or incorporation subject to this part and an election held in
accordance with this section.
Section 17. Section 
10-2a-405
 is amended to read:
10-2a-405.
Duties of county legislative body -- Public hearing -- Notice -- Other
election and incorporation issues -- Rural real property excluded.
(1) The legislative body of a county of the first class shall before an election described
in Section 
10-2a-404
:
(a) in accordance with Subsection (3), publish notice of the public hearing described in
Subsection (1)(b);
(b) hold a public hearing; and
(c) at the public hearing, adopt a resolution:
(i) identifying, including a map prepared by the county surveyor, all unincorporated
islands within the county;
(ii) identifying each eligible city that will annex each unincorporated island, including
whether the unincorporated island may be annexed by one eligible city or divided and annexed
by multiple eligible cities, if approved by the residents at an election under Section 
10-2a-404
;
and
(iii) identifying, including a map prepared by the county surveyor, the planning
townships within the county and any changes to the boundaries of a planning township that the
county legislative body proposes under Subsection (5).
(2) The county legislative body shall exclude from a resolution adopted under
Subsection (1)(c) rural real property unless the owner of the rural real property provides written
consent to include the property in accordance with Subsection (7).
(3) (a) The county clerk shall publish notice of the public hearing described in
Subsection (1)(b):
(i) by mailing notice to each owner of real property located in an unincorporated island
or planning township no later than 15 days before the day of the public hearing;
[
(ii) at least once a week for three successive weeks in a newspaper of general
circulation within each unincorporated island, each eligible city, and each planning township;
and
]
[
(iii)
] 
(ii) by posting notice
 on the Utah Public Notice Website created in Section
63F-1-701
, for three weeks before the day of the public hearing[
.
]
; and
[
(b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
three days before the first public hearing required under Subsection (1)(b).
]
[
(c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
within an unincorporated island, an eligible city, or a planning township, the county clerk shall
post
]
(iii) by posting
 at least one notice of the hearing per 1,000 population in conspicuous
places within the selected unincorporated island, eligible city, or planning township, as
applicable, that are most likely to give notice of the hearing to the residents of the
unincorporated island, eligible city, or planning township.
[
(ii)
] 
(b)
 The clerk shall post the notices under Subsection [
(3)(c)(i)
] 
(3)(a)(iii)
 at least
seven days before the hearing under Subsection (1)(b).
[
(d)
] 
(c)
 The notice under Subsection (3)(a) [
or (c)
] shall include:
(i) (A) for a resident of an unincorporated island, a statement that the property in the
unincorporated island may be, if approved at an election under Section 
10-2a-404
, annexed by
an eligible city, including divided and annexed by multiple cities if applicable, and the name of
the eligible city or cities; or
(B) for residents of a planning township, a statement that the property in the planning
township shall be, pending the results of the election held under Section 
10-2a-404
,
incorporated as a city, town, or metro township;
(ii) the location and time of the public hearing; and
(iii) the county website where a map may be accessed showing:
(A) how the unincorporated island boundaries will change if annexed by an eligible
city; or
(B) how the planning township area boundaries will change, if applicable under
Subsection (5), when the planning township incorporates as a metro township or as a city or
town.
[
(e)
] 
(d)
 The county clerk shall publish a map described in Subsection (3)[
(d)
]
(c)
(iii)
on the county website.
(4) The county legislative body may, by ordinance or resolution adopted at a public
meeting and in accordance with applicable law, resolve an issue that arises with an election
held in accordance with this part or the incorporation and establishment of a metro township in
accordance with this part.
(5) (a) The county legislative body may, by ordinance or resolution adopted at a public
meeting, change the boundaries of a planning township.
(b) A change to a planning township boundary under this Subsection (5) is effective
only upon the vote of the residents of the planning township at an election under Section
10-2a-404
 to incorporate as a metro township or as a city or town and does not affect the
boundaries of the planning township before the election.
(c) The county legislative body:
(i) may alter a planning township boundary under Subsection (5)(a) only if the
alteration:
(A) affects less than 5% of the residents residing within the planning advisory area; and
(B) does not increase the area located within the planning township's boundaries; and
(ii) may not alter the boundaries of a planning township whose boundaries are entirely
surrounded by one or more municipalities.
(6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
annexation or an incorporation process that, if approved, would change the boundaries of a
planning township.
(7) (a) As used in this Subsection (7), "rural real property" means an area:
(i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
(ii) that does not include residential units with a density greater than one unit per acre.
(b) Unless an owner of rural real property gives written consent to a county legislative
body, rural real property described in Subsection (7)(c) may not be:
(i) included in a planning township identified under Subsection (1)(c); or
(ii) incorporated as part of a metro township, city, or town, in accordance with this
part.
(c) The following rural real property is subject to an owner's written consent under
Subsection (7)(b):
(i) rural real property that consists of 1,500 or more contiguous acres of real property
consisting of one or more tax parcels;
(ii) rural real property that is not contiguous to, but used in connection with, rural real
property that consists of 1,500 or more contiguous acres of real property consisting of one or
more tax parcels;
(iii) rural real property that is owned, managed, or controlled by a person, company, or
association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
contiguous acres of rural real property consisting of one or more tax parcels; or
(iv) rural real property that is located in whole or in part in one of the following as
defined in Section 
17-41-101
:
(A) an agricultural protection area;
(B) an industrial protection area; or
(C) a mining protection area.
Section 18. Section 
10-2a-410
 is amended to read:
10-2a-410.
Determination of metro township districts -- Determination of metro
township or city initial officer terms -- Adoption of proposed districts.
(1) (a) If a metro township with a population of 10,000 or more is incorporated in
accordance with an election held under Section 
10-2a-404
:
(i) each of the five metro township council members shall be elected by district; and
(ii) the boundaries of the five council districts for election and the terms of office shall
be designated and determined in accordance with this section.
(b) If a metro township with a population of less than 10,000 or a town is incorporated
at an election held in accordance with Section 
10-2a-404
, the five council members shall be
elected at-large for terms as designated and determined in accordance with this section.
(c) If a city is incorporated at an election held in accordance with Section 
10-2a-404
:
(i) (A) the four members of the council district who are not the mayor shall be elected
by district; and
(B) the boundaries of the four council districts for election and the term of office shall
be designated and determined in accordance with this section; and
(ii) the mayor shall be elected at-large for a term designated and determined in
accordance with this section.
(2) (a) No later than 90 days after the election day on which the metro township, city,
or town is successfully incorporated under this part, the legislative body of the county in which
the metro township, city, or town is located shall adopt by resolution:
(i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
the council terms for a length of time in accordance with this section; and
(ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
the five council districts; and
(B) for a city, the boundaries of the four council districts.
(b) (i) For each metro township, city, or town, the county legislative body shall set the
initial terms of the members of the metro township council, city council, or town council so
that:
(A) except as provided in Subsection (2)(b)(ii), approximately half the members of the
council, including the mayor in the case of a city, are elected to serve an initial term, of no less
than one year, that allows their successors to serve a full four-year term that coincides with the
schedule established in Subsection 
10-3-205
(1); and
(B) the remaining members of the council are elected to serve an initial term, of no less
than one year, that allows their successors to serve a full four-year term that coincides with the
schedule established in Subsection 
10-3-205
(2).
(ii) For a city that incorporated in a county of the first class in 2016, the term of office
for the office of mayor is:
(A) three years for the initial term of office; and
(B) four years for each subsequent term of office.
(iii) For a metro township with a population of 10,000 or more, the county legislative
body shall divide the metro township into five council districts that comply with Section
10-3-205.5
.
(iv) For a city, the county legislative body shall divide the city into four council
districts that comply with Section 
10-3-205.5
.
(3) (a) Within 20 days of the county legislative body's adoption of a resolution under
Subsection (2), the county clerk shall publish, in accordance with Subsection (3)(b), notice
containing:
(i) if applicable, a description of the boundaries, as designated in the resolution, of:
(A) for a metro township with a population of 10,000 or more, the metro township
council districts; or
(B) the city council districts;
(ii) information about the deadline for filing a declaration of candidacy for those
seeking to become candidates for metro township council, city council, town council, or city
mayor, respectively; and
(iii) information about the length of the initial term of city mayor or each of the metro
township, city, or town council offices, as described in the resolution.
(b) The 
county clerk shall publish the
 notice 
required
 under Subsection (3)(a) [
shall be
published
]:
[
(i) in a newspaper of general circulation within the metro township, city, or town at
least once a week for two successive weeks; and
]
[
(ii) in accordance with Section 
45-1-101
 for two weeks.
]
[
(c) (i) In accordance with Subsection (3)(b)(i), if there is no newspaper of general
circulation within the future metro township, city, or town, the county clerk shall post
]
(i) on the Utah Public Notice Website created in Section 63F-1-701 for two weeks; and
(ii) by posting
 at least one notice per 1,000 population in conspicuous places within the
future metro township, city, or town that are most likely to give notice to the residents of the
future metro township, city, or town.
[
(ii)
] 
(c)
 The notice under Subsection [
(3)(c)(i)
] 
(3)(b)(ii)
 shall contain the information
required under Subsection (3)(a).
[
(iii)
] 
(d)
 The county clerk shall post the notices under Subsection [
(3)(c)(i)
] 
(3)(b)(ii)
at least seven days before the deadline for filing a declaration of candidacy under Subsection
[
(3)(d)
] 
(4)
.
[
(d)
] 
(4)
 A person seeking to become a candidate for metro township, city, or town
council or city mayor shall, in accordance with Section 
20A-9-202
, file a declaration of
candidacy with the clerk of the county in which the metro township, city, or town is located for
an election described in Section 
10-2a-411
.
Section 19. Section 
10-3-301
 is amended to read:
10-3-301.
Notice -- Eligibility and residency requirements for elected municipal
office -- Mayor and recorder limitations.
(1) As used in this section:
(a) "Absent" means that an elected municipal officer fails to perform official duties,
including the officer's failure to attend each regularly scheduled meeting that the officer is
required to attend.
(b) "Principal place of residence" means the same as that term is defined in Section
20A-2-105
.
(c) "Secondary residence" means a place where an individual resides other than the
individual's principal place of residence.
(2) (a) On or before May 1 in a year in which there is a municipal general election, the
municipal clerk shall publish a notice that identifies:
(i) the municipal offices to be voted on in the municipal general election; and
(ii) the dates for filing a declaration of candidacy for the offices identified under
Subsection (2)(a)(i).
(b) The municipal clerk shall publish the notice described in Subsection (2)(a):
(i) on the Utah Public Notice Website established by Section 
63F-1-701
; and
(ii) in at least one of the following ways:
(A) at the principal office of the municipality;
[
(B) in a newspaper of general circulation within the municipality at least once a week
for two successive weeks in accordance with Section 
45-1-101
;
]
[
(C)
] 
(B)
 in a newsletter produced by the municipality;
[
(D)
] 
(C)
 on a website operated by the municipality; or
[
(E)
] 
(D)
 with a utility enterprise fund customer's bill.
(3) (a) An individual who files a declaration of candidacy for a municipal office shall
comply with the requirements described in Section 
20A-9-203
.
(b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
Subsections 
20A-9-203
(3)(a)(i) and (c)(i) unless the date occurs on a:
(A) Saturday or Sunday; or
(B) state holiday as listed in Section 
63G-1-301
.
(ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
(3)(b)(i) without maintaining office hours by:
(A) posting the recorder's or clerk's contact information, including a phone number and
email address, on the recorder's or clerk's office door, the main door to the municipal offices,
and, if available, on the municipal website; and
(B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
via the contact information described in Subsection (3)(b)(ii)(A).
(4) An individual elected to municipal office shall be a registered voter in the
municipality in which the individual is elected.
(5) (a) Each elected officer of a municipality shall maintain a principal place of
residence within the municipality, and within the district that the elected officer represents,
during the officer's term of office.
(b) Except as provided in Subsection (6), an elected municipal office is automatically
vacant if the officer elected to the municipal office, during the officer's term of office:
(i) establishes a principal place of residence outside the district that the elected officer
represents;
(ii) resides at a secondary residence outside the district that the elected officer
represents for a continuous period of more than 60 days while still maintaining a principal
place of residence within the district;
(iii) is absent from the district that the elected officer represents for a continuous period
of more than 60 days; or
(iv) fails to respond to a request, within 30 days after the day on which the elected
officer receives the request, from the county clerk or the lieutenant governor seeking
information to determine the officer's residency.
(6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
consent of the municipal legislative body in accordance with Subsection (6)(b) before the
expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
(i) reside at a secondary residence outside the district that the elected officer represents
while still maintaining a principal place of residence within the district for a continuous period
of up to one year during the officer's term of office; or
(ii) be absent from the district that the elected officer represents for a continuous period
of up to one year during the officer's term of office.
(b) At a public meeting, the municipal legislative body may give the consent described
in Subsection (6)(a) by majority vote after taking public comment regarding:
(i) whether the legislative body should give the consent; and
(ii) the length of time to which the legislative body should consent.
(7) (a) The mayor of a municipality may not also serve as the municipal recorder or
treasurer.
(b) The recorder of a municipality may not also serve as the municipal treasurer.
(c) An individual who holds a county elected office may not, at the same time, hold a
municipal elected office.
(d) The restriction described in Subsection (7)(c) applies regardless of whether the
individual is elected to the office or appointed to fill a vacancy in the office.
Section 20. Section 
10-3-711
 is amended to read:
10-3-711.
Publication and posting of ordinances.
(1) Before an ordinance may take effect, the legislative body of each municipality
adopting an ordinance, except an ordinance enacted under Section 
10-3-706
, 
10-3-707
,
10-3-708
, 
10-3-709
, or 
10-3-710
, shall:
(a) deposit a copy of the ordinance in the office of the municipal recorder; and
(b) (i) publish a short summary of the ordinance [
at least once:
] 
on the Utah Public
Notice Website created in Section 
63F-1-701
; or
[
(A) in a newspaper published within the municipality; or
]
[
(B) if there is no newspaper published within the municipality, in a newspaper of
general circulation within the municipality; or
]
(ii) post a complete copy of the ordinance:
(A) for a city of the first class, in nine public places within the city; or
(B) for any other municipality, in three public places within the municipality.
(2) (a) Any ordinance, code, or book, other than the state code, relating to building or
safety standards, municipal functions, administration, control, or regulations, may be adopted
and shall take effect without further publication or posting, if reference is made to the code or
book and at least one copy has been filed for use and examination by the public in the office of
the recorder or clerk of the city or town prior to the adoption of the ordinance by the governing
body.
(b) Any state law relating to building or safety standards, municipal functions,
administration, control, or regulations, may be adopted and shall take effect without further
publication or posting if reference is made to the state code.
(c) The ordinance adopting the code or book shall be published in the manner provided
in this section.
Section 21. Section 
10-5-108
 is amended to read:
10-5-108.
Budget hearing -- Notice -- Adjustments.
(1) Prior to the adoption of the final budget or an amendment to a budget, a town
council shall hold a public hearing to receive public comment.
(2) The town council shall provide notice of the place, purpose, and time of the public
hearing by [
publishing
] 
posting
 notice at least seven days before the hearing:
[
(a) (i) at least once in a newspaper of general circulation in the town; or
]
[
(ii) if there is no newspaper of general circulation, then by posting the notice
]
(a)
 in three public places at least 48 hours before the hearing;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
; and
(c) on the home page of the website, either in full or as a link, of the town or metro
township, if the town or metro township has a publicly viewable website, until the hearing
takes place.
(3) After the hearing, the town council, subject to Section 
10-5-110
, may adjust
expenditures and revenues in conformity with this chapter.
Section 22. Section 
10-6-113
 is amended to read:
10-6-113.
Budget -- Notice of hearing to consider adoption.
At the meeting at which each tentative budget is adopted, the governing body shall
establish the time and place of a public hearing to consider its adoption and shall order that
notice of the public hearing be published at least seven days prior to the hearing:
[
(1) (a) in at least one issue of a newspaper of general circulation published in the
county in which the city is located; or
]
[
(b) if there is not a newspaper as described in Subsection (1)(a),
]
(1)
 in three public places within the city;
(2) on the Utah Public Notice Website created in Section 
63F-1-701
; and
(3) on the home page of the website, either in full or as a link, of the city or metro
township, if the city or metro township has a publicly viewable website, until the hearing takes
place.
Section 23. Section 
10-6-152
 is amended to read:
10-6-152.
Notice that audit completed and available for inspection.
Within 10 days following the receipt of the audit report furnished by the independent
auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall:
(1) prepare [
and publish: (a) (i) at least twice in a newspaper of general circulation
published within the county,
] a notice to the public that the audit of the city has been
completed; [
or
]
[
(ii) if a newspaper of general circulation is not published within the county, the notice
required by this section may be posted
]
(2) post the notice:
(a)
 in three public places; and
(b) on the Utah Public Notice Website created in Section 
63F-1-701
; and
[
(b) a notice, published in accordance with Section 
45-1-101
, to the public that the
audit of the city has been completed; and
]
[
(2)
] 
(3)
 make a copy of the notice described in Subsection (1)(a) available for
inspection at the office of the city auditor or recorder.
Section 24. Section 
10-7-16
 is amended to read:
10-7-16.
Call for bids -- Notice -- Contents.
(1) (a) Before holding an election under Subsection 
10-7-15
(1)(a)(ii), the municipal
legislative body shall open to bid the sale or lease of the property mentioned in Section
10-7-15
.
(b) The municipal legislative body shall cause notice of the bid process to be given by
publication for at least three consecutive weeks[
:
] 
on the Utah Public Notice Website created in
Section 
63F-1-701
.
[
(i) in a newspaper published or having general circulation in the city or town; and
]
[
(ii) as required in Section 
45-1-101
.
]
(c) The notice described in Subsection (1) shall:
(i) give a general description of the property to be sold or leased;
(ii) specify the time when sealed bids for the property, or for a lease on the property,
will be received; and
(iii) specify the time when and the place where the bids will be opened.
(2) (a) As used in this section and in Section 
10-7-17
, "responsible bidder" means an
entity with a proven history of successful operation of an electrical generation and distribution
system, or an equivalent proven history.
(b) Subject to Subsection (2)(c), a municipal legislative body may receive or refuse to
receive any bid submitted for the sale or lease of the electrical works and plant.
(c) A municipal legislative body may not receive a bid unless the municipal legislative
body determines that the bid is submitted by a responsible bidder.
Section 25. Section 
10-7-19
 is amended to read:
10-7-19.
Election to authorize -- Notice -- Ballots.
(1) Subject to Subsection (2), the board of commissioners or city council of any city, or
the board of trustees of any incorporated town, may aid and encourage the building of railroads
by granting to any railroad company, for depot or other railroad purposes, real property of the
city or incorporated town, not necessary for municipal or public purposes, upon the limitations
and conditions established by the board of commissioners, city council, or board of trustees.
(2) A board of commissioners, city council, or board of trustees may not grant real
property under Subsection (1) unless the grant is approved by the eligible voters of the city or
town at the next municipal election, or at a special election called for that purpose by the board
of commissioners, city council, or board of trustees.
(3) If the question is submitted at a special election, the election shall be held as nearly
as practicable in conformity with the general election laws of the state.
(4) The board of commissioners, city council, or board of trustees shall publish notice
of an election described in Subsections (2) and (3):
[
(a) (i) in a newspaper of general circulation in the city or town once a week for four
weeks before the election;
]
[
(ii) if there is no newspaper of general circulation in the city or town,
]
(a) (i)
 at least four weeks before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the city or town, in places within the city or
town that are most likely to give notice to the voters in the city or town; or
[
(iii)
] 
(ii)
 at least four weeks before the day of the election, by mailing notice to each
registered voter in the city or town;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for four weeks
before the day of the election; 
and
[
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
]
[
(d)
] 
(c)
 if the municipality has a website, on the municipality's website for at least four
weeks before the day of the election.
(5) The board of commissioners, city council, or board of trustees shall cause ballots to
be printed and provided to the eligible voters, which shall read: "For the proposed grant for
depot or other railroad purposes: Yes. No."
(6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
city council, or board of trustees shall convey the real property to the railroad company.
Section 26. Section 
10-8-2
 is amended to read:
10-8-2.
Appropriations -- Acquisition and disposal of property -- Municipal
authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
(1) (a) A municipal legislative body may:
(i) appropriate money for corporate purposes only;
(ii) provide for payment of debts and expenses of the corporation;
(iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
dispose of real and personal property for the benefit of the municipality, whether the property is
within or without the municipality's corporate boundaries, if the action is in the public interest
and complies with other law;
(iv) improve, protect, and do any other thing in relation to this property that an
individual could do; and
(v) subject to Subsection (2) and after first holding a public hearing, authorize
municipal services or other nonmonetary assistance to be provided to or waive fees required to
be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
(b) A municipality may:
(i) furnish all necessary local public services within the municipality;
(ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
located and operating within and operated by the municipality; and
(iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
located inside or outside the corporate limits of the municipality and necessary for any of the
purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
(c) Each municipality that intends to acquire property by eminent domain under
Subsection (1)(b) shall comply with the requirements of Section 
78B-6-505
.
(d) Subsection (1)(b) may not be construed to diminish any other authority a
municipality may claim to have under the law to acquire by eminent domain property located
inside or outside the municipality.
(2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
the provisions of Subsection (3).
(b) The total amount of services or other nonmonetary assistance provided or fees
waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
municipality's budget for that fiscal year.
(3) It is considered a corporate purpose to appropriate money for any purpose that, in
the judgment of the municipal legislative body, provides for the safety, health, prosperity,
moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
subject to this Subsection (3).
(a) The net value received for any money appropriated shall be measured on a
project-by-project basis over the life of the project.
(b) (i) A municipal legislative body shall establish the criteria for a determination
under this Subsection (3).
(ii) A municipal legislative body's determination of value received is presumed valid
unless a person can show that the determination was arbitrary, capricious, or illegal.
(c) The municipality may consider intangible benefits received by the municipality in
determining net value received.
(d) (i) Before the municipal legislative body makes any decision to appropriate any
funds for a corporate purpose under this section, the municipal legislative body shall hold a
public hearing.
(ii) [
The
] 
At least 14 days before the date of the hearing, the
 municipal legislative body
shall publish a notice of the hearing described in Subsection (3)(d)(i) 
by posting notice
:
(A) [
in a newspaper of general circulation at least 14 days before the date of the
hearing or, if there is no newspaper of general circulation, by posting notice
] in at least three
conspicuous places within the municipality [
for the same time period
]; and
(B) on the Utah Public Notice Website created in Section 
63F-1-701
[
, at least 14 days
before the date of the hearing
].
(e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
municipality shall perform a study that analyzes and demonstrates the purpose for an
appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
(ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
the municipality for review by interested parties at least 14 days immediately before the public
hearing described in Subsection (3)(d)(i).
(iii) A municipality shall consider the following factors when conducting the study
described in Subsection (3)(e)(i):
(A) what identified benefit the municipality will receive in return for any money or
resources appropriated;
(B) the municipality's purpose for the appropriation, including an analysis of the way
the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
peace, order, comfort, or convenience of the inhabitants of the municipality; and
(C) whether the appropriation is necessary and appropriate to accomplish the
reasonable goals and objectives of the municipality in the area of economic development, job
creation, affordable housing, elimination of a development impediment, job preservation, the
preservation of historic structures and property, and any other public purpose.
(f) (i) An appeal may be taken from a final decision of the municipal legislative body,
to make an appropriation.
(ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
court within 30 days after the day on which the municipal legislative body makes a decision.
(iii) Any appeal shall be based on the record of the proceedings before the legislative
body.
(iv) A decision of the municipal legislative body shall be presumed to be valid unless
the appealing party shows that the decision was arbitrary, capricious, or illegal.
(g) The provisions of this Subsection (3) apply only to those appropriations made after
May 6, 2002.
(h) This section applies only to appropriations not otherwise approved pursuant to Title
10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
Fiscal Procedures Act for Utah Cities.
(4) (a) Before a municipality may dispose of a significant parcel of real property, the
municipality shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before the
opportunity for public comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each municipality shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection (4)(a); and
(ii) reasonable notice for purposes of Subsection (4)(a)(i).
(5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
real property for the purpose of expanding the municipality's infrastructure or other facilities
used for providing services that the municipality offers or intends to offer shall provide written
notice, as provided in this Subsection (5), of its intent to acquire the property if:
(i) the property is located:
(A) outside the boundaries of the municipality; and
(B) in a county of the first or second class; and
(ii) the intended use of the property is contrary to:
(A) the anticipated use of the property under the general plan of the county in whose
unincorporated area or the municipality in whose boundaries the property is located; or
(B) the property's current zoning designation.
(b) Each notice under Subsection (5)(a) shall:
(i) indicate that the municipality intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (5) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
previously provided notice under Section 
10-9a-203
 identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a municipality is not required to comply with the notice requirement of
Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
property.
Section 27. Section 
10-8-15
 is amended to read:
10-8-15.
Waterworks -- Construction -- Extraterritorial jurisdiction.
(1) As used in this section, "affected entity" means a:
(a) county that has land use authority over land subject to an ordinance or regulation
described in this section;
(b) local health department, as that term is defined in Section 
26A-1-102
, that has
jurisdiction pursuant to Section 
26A-1-108
 over land subject to an ordinance or regulation
described in this section;
(c) municipality that has enacted or has the right to enact an ordinance or regulation
described in this section over the land subject to an ordinance or regulation described in this
section; and
(d) municipality that has land use authority over land subject to an ordinance or
regulation described in this section.
(2) A municipality may construct or authorize the construction of waterworks within or
without the municipal limits, and for the purpose of maintaining and protecting the same from
injury and the water from pollution the municipality's jurisdiction shall extend over the territory
occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
in and necessary for the construction, maintenance and operation of the same, and over the
stream or other source from which the water is taken, for 15 miles above the point from which
it is taken and for a distance of 300 feet on each side of such stream and over highways along
such stream or watercourse within said 15 miles and said 300 feet.
(3) The jurisdiction of a city of the first class shall additionally be over the entire
watershed within the county of origin of the city of the first class and subject to Subsection (6)
provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
source; and provided further, that the city of the first class shall provide a highway in and
through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
of the city may enact ordinances placing under police regulations the manner of driving such
cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
which the city has jurisdiction.
(4) A municipality may enact all ordinances and regulations necessary to carry the
power herein conferred into effect, and is authorized and empowered to enact ordinances
preventing pollution or contamination of the streams or watercourses from which the
municipality derives the municipality's water supply, in whole or in part, for domestic and
culinary purposes, and may enact ordinances prohibiting or regulating the construction or
maintenance of any closet, privy, outhouse or urinal within the area over which the
municipality has jurisdiction, and provide for permits for the construction and maintenance of
the same.
(5) In granting a permit described in Subsection (4), a municipality may annex thereto
such reasonable conditions and requirements for the protection of the public health as the
municipality determines proper, and may, if determined advisable, require that all closets,
privies and urinals along such streams shall be provided with effective septic tanks or other
germ-destroying instrumentalities.
(6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
municipalities and counties that have jurisdiction over the area where the watershed is located.
(7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
or regulation under the authority of this section shall:
(i) hold a public hearing on the proposed ordinance or regulation; and
(ii) give notice of the date, place, and time of the hearing, as described in Subsection
(7)(b).
(b) At least ten days before the day on which the public hearing described in
Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
(i) mailed to:
(A) each affected entity;
(B) the director of the Division of Drinking Water; and
(C) the director of the Division of Water Quality; and
[
(ii) published:
]
[
(A) in a newspaper of general circulation in the county in which the land subject to the
proposed ordinance or regulation is located; and
]
[
(B)
] 
(ii) published
 on the Utah Public Notice Website created in Section 
63F-1-701
.
(c) An ordinance or regulation adopted under the authority of this section may not
conflict with:
(i) existing federal or state statutes; or
(ii) a rule created pursuant to a federal or state statute governing drinking water or
water quality.
(d) A municipality that enacts an ordinance or regulation under the authority of this
section shall:
(i) provide a copy of the ordinance or regulation to each affected entity; and
(ii) include a copy of the ordinance or regulation in the municipality's drinking water
source protection plan.
Section 28. Section 
10-9a-204
 is amended to read:
10-9a-204.
Notice of public hearings and public meetings to consider general plan
or modifications.
(1) Each municipality shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
days before the public hearing and shall be:
[
(a) (i) published in a newspaper of general circulation in the area; and
]
[
(ii)
] 
(a)
 published on the Utah Public Notice Website created in Section 
63F-1-701
;
(b) mailed to each affected entity; and
(c) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be:
[
(a) (i) submitted to a newspaper of general circulation in the area; and
]
[
(ii)
] 
(a)
 published on the Utah Public Notice Website created in Section 
63F-1-701
;
and
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website.
Section 29. Section 
10-9a-205
 is amended to read:
10-9a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or any modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website; and
[
(c) (i) (A) published in a newspaper of general circulation in the area at least 10
calendar days before the public hearing; and
]
[
(B) published
] 
(c) (i) posted
 on the Utah Public Notice Website created in Section
63F-1-701
, at least 10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by municipal
ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be 
posted
 at least 24
hours before the meeting [
and shall be posted
]:
(a) in at least three public locations within the municipality; or
(b) on the municipality's official website.
(4) (a) A municipality shall send a courtesy notice to each owner of private real
property whose property is located entirely or partially within a proposed zoning map
enactment or amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the municipality
will be provided to the municipal legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
10-9a-502
.
(c) If a municipality mails notice to a property owner in accordance with Subsection
(2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
than sent separately.
Section 30. Section 
10-18-203
 is amended to read:
10-18-203.
Feasibility study on providing cable television or public
telecommunications services -- Public hearings.
(1) If a feasibility consultant is hired under Section 
10-18-202
, the legislative body of
the municipality shall require the feasibility consultant to:
(a) complete the feasibility study in accordance with this section;
(b) submit to the legislative body by no later than 180 days from the date the feasibility
consultant is hired to conduct the feasibility study:
(i) the full written results of the feasibility study; and
(ii) a summary of the results that is no longer than one page in length; and
(c) attend the public hearings described in Subsection (4) to:
(i) present the feasibility study results; and
(ii) respond to questions from the public.
(2) The feasibility study described in Subsection (1) shall at a minimum consider:
(a) (i) if the municipality is proposing to provide cable television services to
subscribers, whether the municipality providing cable television services in the manner
proposed by the municipality will hinder or advance competition for cable television services
in the municipality; or
(ii) if the municipality is proposing to provide public telecommunications services to
subscribers, whether the municipality providing public telecommunications services in the
manner proposed by the municipality will hinder or advance competition for public
telecommunications services in the municipality;
(b) whether but for the municipality any person would provide the proposed:
(i) cable television services; or
(ii) public telecommunications services;
(c) the fiscal impact on the municipality of:
(i) the capital investment in facilities that will be used to provide the proposed:
(A) cable television services; or
(B) public telecommunications services; and
(ii) the expenditure of funds for labor, financing, and administering the proposed:
(A) cable television services; or
(B) public telecommunications services;
(d) the projected growth in demand in the municipality for the proposed:
(i) cable television services; or
(ii) public telecommunications services;
(e) the projections at the time of the feasibility study and for the next five years, of a
full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
facilities necessary to provide the proposed:
(i) cable television services; or
(ii) public telecommunications services; and
(f) the projections at the time of the feasibility study and for the next five years of the
revenues to be generated from the proposed:
(i) cable television services; or
(ii) public telecommunications services.
(3) For purposes of the financial projections required under Subsections (2)(e) and (f),
the feasibility consultant shall assume that the municipality will price the proposed cable
television services or public telecommunications services consistent with Subsection
10-18-303
(5).
(4) If the results of the feasibility study satisfy the revenue requirement of Subsection
10-18-202
(3), the legislative body, at the next regular meeting after the legislative body
receives the results of the feasibility study, shall schedule at least two public hearings to be
held:
(a) within 60 days of the meeting at which the public hearings are scheduled;
(b) at least seven days apart; and
(c) for the purpose of allowing:
(i) the feasibility consultant to present the results of the feasibility study; and
(ii) the public to:
(A) become informed about the feasibility study results; and
(B) ask questions of the feasibility consultant about the results of the feasibility study.
(5) (a) [
Except as provided in Subsection (5)(b), the
] 
The
 municipality shall publish
notice of the public hearings required under Subsection (4) 
by
:
[
(i) at least once a week for three consecutive weeks in a newspaper of general
circulation in the municipality and at least three days before the first public hearing required
under Subsection (4); and
]
[
(ii)
] 
(i) posting the notice
 on the Utah Public Notice Website created in Section
63F-1-701
, for three weeks, at least three days before the first public hearing required under
Subsection (4)[
.
]
; and
[
(b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
circulation in the municipality, for each 1,000 residents, the municipality shall post
]
(ii) posting
 at least one notice of the hearings 
per 1,000 residents,
 in a conspicuous
place within the municipality that is likely to give notice of the hearings to the greatest number
of residents of the municipality.
[
(ii)
] 
(b)
 The municipality shall post the notices at least seven days before the first
public hearing required under Subsection (4) is held.
Section 31. Section 
10-18-302
 is amended to read:
10-18-302.
Bonding authority.
(1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
legislative body of a municipality may by resolution determine to issue one or more revenue
bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
to subscribers:
(a) a cable television service; or
(b) a public telecommunications service.
(2) The resolution described in Subsection (1) shall:
(a) describe the purpose for which the indebtedness is to be created; and
(b) specify the dollar amount of the one or more bonds proposed to be issued.
(3) (a) A revenue bond issued under this section shall be secured and paid for:
(i) from the revenues generated by the municipality from providing:
(A) cable television services with respect to revenue bonds issued to finance facilities
for the municipality's cable television services; and
(B) public telecommunications services with respect to revenue bonds issued to finance
facilities for the municipality's public telecommunications services; and
(ii) notwithstanding Subsection (3)(b) and Subsection 
10-18-303
(3)(a), from revenues
generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
(A) notwithstanding Subsection 
11-14-201
(3) and except as provided in Subsections
(4) and (5), the revenue bond is approved by the registered voters in an election held:
(I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
(II) notwithstanding Subsection 
11-14-203
(2), at a regular general election;
(B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
revenue bond; and
(C) the municipality or municipalities annually appropriate the revenues described in
this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
(b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
origination, financing, or other carrying costs associated with the one or more revenue bonds
issued under this section from the town or city, respectively, general funds or other enterprise
funds of the municipality.
(4) (a) As used in this Subsection (4), "municipal entity" means an entity created
pursuant to an agreement:
(i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
(ii) to which a municipality is a party.
(b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
entity that issues revenue bonds, if:
(i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
a member of a municipal entity that is issuing revenue bonds has published the first notice
described in Subsection (4)(b)(iii);
(ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
this Subsection (4)(b)(ii);
(iii) 
(A)
 the municipality that is issuing the revenue bonds or the municipality that is a
member of the municipal entity that is issuing the revenue bonds has[
: (A)
] held a public
hearing for which public notice was given by publication of the notice[
: (I) in a newspaper
published in the municipality or in a newspaper of general circulation within the municipality
for two consecutive weeks, with the first publication being not less than 14 days before the
public hearing; and (II)
] on the Utah Public Notice Website created in Section 
63F-1-701
, for
two weeks before the public hearing; and
(B) the notice identifies:
(I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
Act;
(II) the purpose for the bonds to be issued;
(III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
be pledged in any fiscal year;
(IV) the maximum number of years that the pledge will be in effect; and
(V) the time, place, and location for the public hearing;
(iv) the municipal entity that issues revenue bonds:
(A) adopts a final financing plan; and
(B) in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, makes available to the public at the time the municipal entity adopts the final
financing plan:
(I) the final financing plan; and
(II) all contracts entered into by the municipal entity, except as protected by Title 63G,
Chapter 2, Government Records Access and Management Act;
(v) any municipality that is a member of a municipal entity described in Subsection
(4)(b)(iv):
(A) not less than 30 calendar days after the municipal entity complies with Subsection
(4)(b)(iv)(B), holds a final public hearing;
(B) provides notice, at the time the municipality schedules the final public hearing, to
any person who has provided to the municipality a written request for notice; and
(C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
interested parties; and
(vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
more than 50% of the average annual debt service of all revenue bonds described in this section
to provide service throughout the municipality or municipal entity may be paid from the
revenues described in Subsection (3)(a)(ii).
(5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
to a municipality that issues revenue bonds if:
(a) 
(i)
 the municipality that is issuing the revenue bonds has[
: (i)
] held a public hearing
for which public notice was given by publication of the notice[
:(A) in a newspaper published
in the municipality or in a newspaper of general circulation within the municipality for two
consecutive weeks, with the first publication being not less than 14 days before the public
hearing; and(B)
] on the Utah Public Notice Website created in Section 
63F-1-701
, for 14 days
before the public hearing; and
(ii) the notice identifies:
(A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
Bonding Act;
(B) the purpose for the bonds to be issued;
(C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
pledged in any fiscal year;
(D) the maximum number of years that the pledge will be in effect; and
(E) the time, place, and location for the public hearing; and
(b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
more than 50% of the average annual debt service of all revenue bonds described in this section
to provide service throughout the municipality or municipal entity may be paid from the
revenues described in Subsection (3)(a)(ii).
(6) A municipality that issues bonds pursuant to this section may not make or grant any
undue or unreasonable preference or advantage to itself or to any private provider of:
(a) cable television services; or
(b) public telecommunications services.
Section 32. Section 
10-18-303
 is amended to read:
10-18-303.
General operating limitations.
A municipality that provides a cable television service or a public telecommunications
service under this chapter is subject to the operating limitations of this section.
(1) A municipality that provides a cable television service shall comply with:
(a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
(b) the regulations issued by the Federal Communications Commission under the Cable
Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
(2) A municipality that provides a public telecommunications service shall comply
with:
(a) the Telecommunications Act of 1996, Pub. L. 104-104;
(b) the regulations issued by the Federal Communications Commission under the
Telecommunications Act of 1996, Pub. L. 104-104;
(c) Section 
54-8b-2.2
 relating to:
(i) the interconnection of essential facilities; and
(ii) the purchase and sale of essential services; and
(d) the rules made by the Public Service Commission of Utah under Section 
54-8b-2.2
.
(3) A municipality may not cross subsidize its cable television services or its public
telecommunications services with:
(a) tax dollars;
(b) income from other municipal or utility services;
(c) below-market rate loans from the municipality; or
(d) any other means.
(4) (a) A municipality may not make or grant any undue or unreasonable preference or
advantage to itself or to any private provider of:
(i) cable television services; or
(ii) public telecommunications services.
(b) A municipality shall apply without discrimination as to itself and to any private
provider the municipality's ordinances, rules, and policies, including those relating to:
(i) obligation to serve;
(ii) access to public rights of way;
(iii) permitting;
(iv) performance bonding;
(v) reporting; and
(vi) quality of service.
(c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone
company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
(5) In calculating the rates charged by a municipality for a cable television service or a
public telecommunications service, the municipality:
(a) shall include within its rates an amount equal to all taxes, fees, and other
assessments that would be applicable to a similarly situated private provider of the same
services, including:
(i) federal, state, and local taxes;
(ii) franchise fees;
(iii) permit fees;
(iv) pole attachment fees; and
(v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
(b) may not price any cable television service or public telecommunications service at a
level that is less than the sum of:
(i) the actual direct costs of providing the service;
(ii) the actual indirect costs of providing the service; and
(iii) the amount determined under Subsection (5)(a).
(6) (a) A municipality that provides cable television services or public
telecommunications services shall establish and maintain a comprehensive price list of all cable
television services or public telecommunications services offered by the municipality.
(b) The price list required by Subsection (6)(a) shall:
(i) include all terms and conditions relating to the municipality providing each cable
television service or public telecommunications service offered by the municipality;
[
(ii) (A) be published in a newspaper having general circulation in the municipality;
and
]
[
(B) be published in accordance with Section 
45-1-101
; and
]
(ii) be posted on the Utah Public Notice Website created in Section 
63F-1-701
; and
(iii) be available for inspection:
(A) at a designated office of the municipality; and
(B) during normal business hours.
(c) At least five days before the date a change to a municipality's price list becomes
effective, the municipality shall:
(i) notify the following of the change:
(A) all subscribers to the services for which the price list is being changed; and
(B) any other persons requesting notification of any changes to the municipality's price
list; and
(ii) publish notice on the Utah Public Notice Website created in Section 
63F-1-701
.
[
(ii) (A) publish notice in a newspaper of general circulation in the municipality; and
]
[
(B) publish notice in accordance with Section 
45-1-101
.
]
[
(d) In accordance with Subsection (6)(c)(ii)(A), if there is no newspaper of general
circulation in the municipality, the municipality shall publish the notice required by this
Subsection (6) in a newspaper of general circulation that is nearest the municipality.
]
[
(e)
] 
(d)
 A municipality may not offer a cable television service or a public
telecommunications service except in accordance with the prices, terms, and conditions set
forth in the municipality's price list.
(7) A municipality may not offer to provide or provide cable television services or
public telecommunications services to a subscriber that does not reside within the geographic
boundaries of the municipality.
(8) (a) A municipality shall keep accurate books and records of the municipality's:
(i) cable television services; and
(ii) public telecommunications services.
(b) The books and records required to be kept under Subsection (8)(a) are subject to
legislative audit to verify the municipality's compliance with the requirements of this chapter
including:
(i) pricing;
(ii) recordkeeping; and
(iii) antidiscrimination.
(9) A municipality may not receive distributions from the Universal Public
Telecommunications Service Support Fund established in Section 
54-8b-15
.
Section 33. Section 
11-13-219
 is amended to read:
11-13-219.
Publication of resolutions or agreements -- Contesting legality of
resolution or agreement.
(1) As used in this section:
(a) "Enactment" means:
(i) a resolution adopted or proceedings taken by a governing body under the authority
of this chapter, and includes a resolution, indenture, or other instrument providing for the
issuance of bonds; and
(ii) an agreement or other instrument that is authorized, executed, or approved by a
governing body under the authority of this chapter.
(b) "Governing body" means:
(i) the legislative body of a public agency; or
(ii) the governing authority of an interlocal entity created under this chapter.
(c) "Notice of agreement" means the notice authorized by Subsection (3)(c).
(d) "Notice of bonds" means the notice authorized by Subsection (3)(d).
[
(e) "Official newspaper" means the newspaper selected by a governing body under
Subsection (4)(b) to publish its enactments.
]
(2) Any enactment taken or made under the authority of this chapter is not subject to
referendum.
(3) (a) A governing body need not publish any enactment taken or made under the
authority of this chapter.
(b) A governing body may provide for the publication of any enactment taken or made
by it under the authority of this chapter according to the publication requirements established
by this section.
(c) (i) If the enactment is an agreement, document, or other instrument, or a resolution
or other proceeding authorizing or approving an agreement, document, or other instrument, the
governing body may, instead of publishing the full text of the agreement, resolution, or other
proceeding, publish a notice of agreement containing:
(A) the names of the parties to the agreement;
(B) the general subject matter of the agreement;
(C) the term of the agreement;
(D) a description of the payment obligations, if any, of the parties to the agreement;
and
(E) a statement that the resolution and agreement will be available for review at the
governing body's principal place of business during regular business hours for 30 days after the
publication of the notice of agreement.
(ii) The governing body shall make a copy of the resolution or other proceeding and a
copy of the contract available at its principal place of business during regular business hours
for 30 days after the publication of the notice of agreement.
(d) If the enactment is a resolution or other proceeding authorizing the issuance of
bonds, the governing body may, instead of publishing the full text of the resolution or other
proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds
that contains the information described in Subsection 
11-14-316
(2).
(4) (a) If the governing body chooses to publish an enactment, notice of bonds, or
notice of agreement, the governing body shall comply with the requirements of this Subsection
(4).
[
(b) If there is more than one newspaper of general circulation, or more than one
newspaper, published within the boundaries of the governing body, the governing body may
designate one of those newspapers as the official newspaper for all publications made under
this section.
]
[
(c) (i) (A)
] 
(b)
 The governing body shall [
publish
] 
post
 the enactment, notice of
bonds, or notice of agreement [
in:
] 
on the Utah Public Notice Website created in Section
63F-1-701
.
[
(I) the official newspaper;
]
[
(II) the newspaper published in the municipality in which the principal office of the
governmental entity is located; or
]
[
(III) if no newspaper is published in that municipality, in a newspaper having general
circulation in the municipality; and
]
[
(B) as required in Section 
45-1-101
.
]
[
(ii) The governing body may publish the enactment, notice of bonds, or notice of
agreement:
]
[
(A) (I) in a newspaper of general circulation; or
]
[
(II) in a newspaper that is published within the boundaries of any public agency that is
a party to the enactment or agreement; and
]
[
(B) as required in Section 
45-1-101
.
]
(5) (a) Any person in interest may contest the legality of an enactment or any action
performed or instrument issued under the authority of the enactment for 30 days after the
[
publication
] 
posting
 of the enactment, notice of bonds, or notice of agreement.
(b) After the 30 days have passed, no one may contest the regularity, formality, or
legality of the enactment or any action performed or instrument issued under the authority of
the enactment for any cause whatsoever.
Section 34. Section 
11-14-202
 is amended to read:
11-14-202.
Notice of election -- Contents -- Publication -- Mailing.
(1) The governing body shall publish notice of the election:
[
(a) (i) once per week for three consecutive weeks before the election in a newspaper of
general circulation in the local political subdivision, in accordance with Section 
11-14-316
, the
first publication occurring not less than 21, nor more than 35, days before the day of the
election;
]
[
(ii) if there is no newspaper of general circulation in the local political subdivision,
]
(a) (i)
 at least 21 days before the day of the election, by posting one notice, and at least
one additional notice per 2,000 population of the local political subdivision, in places within
the local political subdivision that are most likely to give notice to the voters in the local
political subdivision; or
[
(iii)
] 
(ii)
 at least three weeks before the day of the election, by mailing notice to each
registered voter in the local political subdivision;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the election; 
and
[
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the
election; and
]
[
(d)
] 
(c)
 if the local political subdivision has a website, on the local political
subdivision's website for at least three weeks before the day of the election.
(2) When the debt service on the bonds to be issued will increase the property tax
imposed upon the average value of a residence by an amount that is greater than or equal to $15
per year, the governing body shall prepare and mail either a voter information pamphlet or a
notification described in Subsection (8):
(a) at least 15 days, but not more than 45 days, before the bond election;
(b) to each household containing a registered voter who is eligible to vote on the
bonds; and
(c) that includes the information required by Subsections (4) and (5).
(3) The election officer may change the location of, or establish an additional:
(a) voting precinct polling place, in accordance with Subsection (6);
(b) early voting polling place, in accordance with Subsection 
20A-3a-603
(2); or
(c) election day voting center, in accordance with Subsection 
20A-3a-703
(2).
(4) The notice described in Subsection (1) and the voter information pamphlet
described in Subsection (2):
(a) shall include, in the following order:
(i) the date of the election;
(ii) the hours during which the polls will be open;
(iii) the address of the Statewide Electronic Voter Information Website and, if
available, the address of the election officer's website, with a statement indicating that the
election officer will post on the website the location of each polling place for each voting
precinct, each early voting polling place, and each election day voting center, including any
changes to the location of a polling place and the location of an additional polling place;
(iv) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(v) the title and text of the ballot proposition, including the property tax cost of the
bond described in Subsection 
11-14-206
(2)(a); and
(b) may include the location of each polling place.
(5) The voter information pamphlet required by this section shall include:
(a) the information required under Subsection (4); and
(b) an explanation of the property tax impact, if any, of the issuance of the bonds,
which may be based on information the governing body determines to be useful, including:
(i) expected debt service on the bonds to be issued;
(ii) a description of the purpose, remaining principal balance, and maturity date of any
outstanding general obligation bonds of the issuer;
(iii) funds other than property taxes available to pay debt service on general obligation
bonds;
(iv) timing of expenditures of bond proceeds;
(v) property values; and
(vi) any additional information that the governing body determines may be useful to
explain the property tax impact of issuance of the bonds.
(6) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadlines described in Subsections (1) and (2):
(i) if necessary, change the location of a voting precinct polling place; or
(ii) if the election officer determines that the number of voting precinct polling places
is insufficient due to the number of registered voters who are voting, designate additional
voting precinct polling places.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a voting precinct polling place or designates an additional voting precinct polling
place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
times, and location of a changed voting precinct polling place or an additional voting precinct
polling place:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of a voting precinct polling place, at the new location
and, if possible, the old location; and
(B) of an additional voting precinct polling place, at the additional voting precinct
polling place.
(7) The governing body shall pay the costs associated with the notice required by this
section.
(8) (a) The governing body may mail a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(b) The notice described in Subsection (8)(a) shall include:
(i) the website upon which the voter information pamphlet is available; and
(ii) the phone number a voter may call to request delivery of a voter information
pamphlet by mail.
(9) A local school board shall comply with the voter information pamphlet
requirements described in Section 
53G-4-603
.
Section 35. Section 
11-14-315
 is amended to read:
11-14-315.
Nature and validity of bonds issued -- Applicability of other statutory
provisions -- Budget provision required -- Applicable procedures for issuance.
Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be
incontestable in the hands of bona fide purchasers or holders for value and are not invalid for
any irregularity or defect in the proceedings for their issuance and sale. This chapter is
intended to afford an alternative method for the issuance of bonds by local political
subdivisions and may not be so construed as to deprive any local political subdivision of the
right to issue its bonds under authority of any other statute, but nevertheless this chapter shall
constitute full authority for the issue and sale of bonds by local political subdivisions. The
provisions of Section 
11-1-1
[
, Utah Code Annotated 1953,
] are not applicable to bonds issued
under this chapter. Any local political subdivision subject to the provisions of any budget law
shall in its annual budget make proper provision for the payment of principal and interest
currently falling due on bonds issued hereunder, but no provision need be made in any such
budget prior to the issuance of the bonds for the issuance thereof or for the expenditure of the
proceeds thereof. No ordinance, resolution or proceeding in respect to the issuance of bonds
hereunder shall be necessary except as herein specifically required, nor shall the publication of
any resolution, proceeding or notice relating to the issuance of the bonds be necessary except as
herein required. Any publication made hereunder [
may be made in any newspaper conforming
to the terms hereof in which legal notices may be published under the laws of Utah, without
regard to the designation thereof as the official journal or newspaper of the local political
subdivision, and as required in Section 
45-1-101
] 
shall be made by posting on the Utah Public
Notice Website created in Section 
63F-1-701
. No resolution adopted or proceeding taken
hereunder shall be subject to referendum petition or to an election other than as herein required. 
All proceedings adopted hereunder may be adopted on a single reading at any legally convened
meeting of the governing body.
Section 36. Section 
11-14-318
 is amended to read:
11-14-318.
Public hearing required.
(1) Before issuing bonds authorized under this chapter, a local political subdivision
shall:
(a) in accordance with Subsection (2), provide public notice of the local political
subdivision's intent to issue bonds; and
(b) hold a public hearing:
(i) if an election is required under this chapter:
(A) no sooner than 30 days before the day on which the notice of election is published
under Section 
11-14-202
; and
(B) no later than five business days before the day on which the notice of election is
published under Section 
11-14-202
; and
(ii) to receive input from the public with respect to:
(A) the issuance of the bonds; and
(B) the potential economic impact that the improvement, facility, or property for which
the bonds pay all or part of the cost will have on the private sector.
(2) A local political subdivision shall:
(a) publish the notice required by Subsection (1)(a)[
: (i) once each week for two
consecutive weeks in the official newspaper described in Section 
11-14-316
 with the first
publication being not less than 14 days before the public hearing required by Subsection (1)(b);
and (ii)
] on the Utah Public Notice Website, created under Section 
63F-1-701
, no less than 14
days before the public hearing required by Subsection (1)(b); and
(b) ensure that the notice:
(i) identifies:
(A) the purpose for the issuance of the bonds;
(B) the maximum principal amount of the bonds to be issued;
(C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
(D) the time, place, and location of the public hearing; and
(ii) informs the public that the public hearing will be held for the purposes described in
Subsection (1)(b)(ii).
Section 37. Section 
11-14a-1
 is amended to read:
11-14a-1.
Notice of debt issuance.
(1) For purposes of this chapter:
(a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
and contracts with municipal building authorities.
(ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
(b) (i) "Local government entity" means a county, city, town, school district, local
district, or special service district.
(ii) "Local government entity" does not mean an entity created by an interlocal
agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
$10,000,000.
(c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
or partially to fund a rejected project.
(d) "Rejected Project" means a project for which a local government entity sought
voter approval for general obligation bond financing and failed to receive that approval.
(2) Unless a local government entity complies with the requirements of this section, it
may not adopt a new debt resolution.
(3) (a) Before adopting a new debt resolution, a local government entity shall:
[
(i) advertise its intent to issue debt in a newspaper of general circulation:
]
[
(A) (I) at least once each week for the two weeks before the meeting at which the
resolution will be considered; and
]
[
(II) on no less than 1/4 page or a 5 x 7 inch advertisement with type size no smaller
than 18 point and surrounded by a 1/4 inch border; and
]
[
(B) in accordance with Section 
45-1-101
,
]
(i) advertise the local government entity's intent to issue debt by posting a notice of that
intent on the Utah Public Notice Website created in Section 
63F-1-701
,
 for the two weeks
before the meeting at which the resolution will be considered; or
(ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
95% of the residents of the local government entity.
(b) The local government entity shall ensure that the notice:
(i) except for website publication, is at least as large as the bill or other mailing that it
accompanies;
(ii) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
(iii) contains the information required by Subsection (3)(c).
(c) The local government entity shall ensure that the advertisement or notice described
in Subsection (3)(a):
(i) identifies the local government entity;
(ii) states that the entity will meet on a day, time, and place identified in the
advertisement or notice to hear public comments regarding a resolution authorizing the
issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
(iii) contains:
(A) the name of the entity that will issue the debt;
(B) the purpose of the debt; and
(C) that type of debt and the maximum principal amount that may be issued;
(iv) invites all concerned citizens to attend the public hearing; and
(v) states that some or all of the proposed debt would fund a project whose general
obligation bond financing was rejected by the voters.
(4) (a) The resolution considered at the hearing shall identify:
(i) the type of debt proposed to be issued;
(ii) the maximum principal amount that might be issued;
(iii) the interest rate;
(iv) the term of the debt; and
(v) how the debt will be repaid.
(b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
hearing need not be in final form and need not be adopted or rejected at the meeting at which
the public hearing is held.
(ii) The local government entity may not, in the final resolution, increase the maximum
principal amount of debt contained in the notice and discussed at the hearing.
(c) The local government entity may adopt, amend and adopt, or reject the resolution at
a later meeting without recomplying with the published notice requirements of this section.
Section 38. Section 
11-30-5
 is amended to read:
11-30-5.
Publication of order for hearing.
(1) Prior to the date set for hearing, the clerk of the court shall cause the order to be
published[
:
] 
by posting the order on the Utah Public Notice Website created in Section
63F-1-701
 for three weeks.
[
(a) once each week for three consecutive weeks:
]
[
(i) in a newspaper published or of general circulation within the boundaries of the
public body; or
]
[
(ii) if the public body has no defined boundaries or there is no newspaper published or
of general circulation within the defined boundaries, a newspaper reasonably calculated to
notify all parties, which has been approved by the court; and
]
[
(b) in accordance with Section 
45-1-101
 for three weeks.
]
(2) If a refunding bond is being validated, all holders of the bonds to be refunded may
be made defendants to the action, in which case notice may be made, and if so made shall be
considered sufficient, by mailing a copy of the order to each holder's last-known address.
(3) By publication of the order, all defendants shall have been duly served and shall be
parties to the proceedings.
Section 39. Section 
11-39-103
 is amended to read:
11-39-103.
Requirements for undertaking a building improvement or public
works project -- Request for bids -- Authority to reject bids.
(1) If the estimated cost of the building improvement or public works project exceeds
the bid limit, the local entity shall, if it determines to proceed with the building improvement or
public works project:
(a) request bids for completion of the building improvement or public works project
by:
[
(i) (A) publishing notice at least twice in a newspaper published or of general
circulation in the local entity at least five days before opening the bids; or
]
[
(B) if there is no newspaper published or of general circulation in the local entity as
described in Subsection (1)(a)(i)(A),
]
(i)
 posting notice at least five days before opening the bids in at least five public places
in the local entity and leaving the notice posted for at least three days; and
(ii) [
publishing notice in accordance with Section 
45-1-101
] 
posting notice on the Utah
Public Notice Website created in Section 
63F-1-701
, at least five days before opening the bids;
and
(b) except as provided in Subsection (3), enter into a contract for the completion of the
building improvement or public works project with:
(i) the lowest responsive responsible bidder; or
(ii) for a design-build project formulated by a local entity, a responsible bidder that:
(A) offers design-build services; and
(B) satisfies the local entity's criteria relating to financial strength, past performance,
integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
to perform fully and in good faith the contract requirements for a design-build project.
(2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
any or all bids submitted.
(b) (i) The cost of a building improvement or public works project may not be divided
to avoid:
(A) exceeding the bid limit; and
(B) subjecting the local entity to the requirements of this section.
(ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
building improvement or public works project that would, without dividing, exceed the bid
limit if the local entity complies with the requirements of this section with respect to each part
of the building improvement or public works project that results from dividing the cost.
(3) (a) The local entity may reject any or all bids submitted.
(b) If the local entity rejects all bids submitted but still intends to undertake the
building improvement or public works project, the local entity shall again request bids by
following the procedure provided in Subsection (1)(a).
(c) If, after twice requesting bids by following the procedure provided in Subsection
(1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
body may undertake the building improvement or public works project as it considers
appropriate.
Section 40. Section 
11-42-202
 is amended to read:
11-42-202.
Requirements applicable to a notice of a proposed assessment area
designation.
(1) Each notice required under Subsection 
11-42-201
(2)(a) shall:
(a) state that the local entity proposes to:
(i) designate one or more areas within the local entity's jurisdictional boundaries as an
assessment area;
(ii) provide an improvement to property within the proposed assessment area; and
(iii) finance some or all of the cost of improvements by an assessment on benefitted
property within the assessment area;
(b) describe the proposed assessment area by any reasonable method that allows an
owner of property in the proposed assessment area to determine that the owner's property is
within the proposed assessment area;
(c) describe, in a general and reasonably accurate way, the improvements to be
provided to the assessment area, including:
(i) the nature of the improvements; and
(ii) the location of the improvements, by reference to streets or portions or extensions
of streets or by any other means that the governing body chooses that reasonably describes the
general location of the improvements;
(d) state the estimated cost of the improvements as determined by a project engineer;
(e) for the version of notice mailed in accordance with Subsection (4)(b), state the
estimated total assessment specific to the benefitted property for which the notice is mailed;
(f) state that the local entity proposes to levy an assessment on benefitted property
within the assessment area to pay some or all of the cost of the improvements according to the
estimated benefits to the property from the improvements;
(g) if applicable, state that an unassessed benefitted government property will receive
improvements for which the cost will be allocated proportionately to the remaining benefitted
properties within the proposed assessment area and that a description of each unassessed
benefitted government property is available for public review at the location or website
described in Subsection (6);
(h) state the assessment method by which the governing body proposes to calculate the
proposed assessment, including, if the local entity is a municipality or county, whether the
assessment will be collected:
(i) by directly billing a property owner; or
(ii) by inclusion on a property tax notice issued in accordance with Section 
59-2-1317
and in compliance with Section 
11-42-401
;
(i) state:
(i) the date described in Section 
11-42-203
 and the location at which protests against
designation of the proposed assessment area or of the proposed improvements are required to
be filed;
(ii) the method by which the governing body will determine the number of protests
required to defeat the designation of the proposed assessment area or acquisition or
construction of the proposed improvements; and
(iii) in large, boldface, and conspicuous type that a property owner must protest the
designation of the assessment area in writing if the owner objects to the area designation or
being assessed for the proposed improvements, operation and maintenance costs, or economic
promotion activities;
(j) state the date, time, and place of the public hearing required in Section 
11-42-204
;
(k) if the governing body elects to create and fund a reserve fund under Section
11-42-702
, include a description of:
(i) how the reserve fund will be funded and replenished; and
(ii) how remaining money in the reserve fund is to be disbursed upon full payment of
the bonds;
(l) if the governing body intends to designate a voluntary assessment area, include a
property owner consent form that:
(i) estimates the total assessment to be levied against the particular parcel of property;
(ii) describes any additional benefits that the governing body expects the assessed
property to receive from the improvements;
(iii) designates the date and time by which the fully executed consent form is required
to be submitted to the governing body; and
(iv) if the governing body intends to enforce an assessment lien on the property in
accordance with Subsection 
11-42-502.1
(2)(a)(ii)(C):
(A) appoints a trustee that satisfies the requirements described in Section 
57-1-21
;
(B) gives the trustee the power of sale;
(C) is binding on the property owner and all successors; and
(D) explains that if an assessment or an installment of an assessment is not paid when
due, the local entity may sell the property owner's property to satisfy the amount due plus
interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
(m) if the local entity intends to levy an assessment to pay operation and maintenance
costs or for economic promotion activities, include:
(i) a description of the operation and maintenance costs or economic promotion
activities to be paid by assessments and the initial estimated annual assessment to be levied;
(ii) a description of how the estimated assessment will be determined;
(iii) a description of how and when the governing body will adjust the assessment to
reflect the costs of:
(A) in accordance with Section 
11-42-406
, current economic promotion activities; or
(B) current operation and maintenance costs;
(iv) a description of the method of assessment if different from the method of
assessment to be used for financing any improvement; and
(v) a statement of the maximum number of years over which the assessment will be
levied for:
(A) operation and maintenance costs; or
(B) economic promotion activities;
(n) if the governing body intends to divide the proposed assessment area into
classifications under Subsection 
11-42-201
(1)(b), include a description of the proposed
classifications;
(o) if applicable, state the portion and value of the improvement that will be increased
in size or capacity to serve property outside of the assessment area and how the increases will
be financed; and
(p) state whether the improvements will be financed with a bond and, if so, the
currently estimated interest rate and term of financing, subject to Subsection (2), for which the
benefitted properties within the assessment area may be obligated.
(2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
subject to the market rate at the time of the issuance of the bond.
(3) A notice required under Subsection 
11-42-201
(2)(a) may contain other information
that the governing body considers to be appropriate, including:
(a) the amount or proportion of the cost of the improvement to be paid by the local
entity or from sources other than an assessment;
(b) the estimated total amount of each type of assessment for the various improvements
to be financed according to the method of assessment that the governing body chooses; and
(c) provisions for any improvements described in Subsection 
11-42-102
(24)(a)(ii).
(4) Each notice required under Subsection 
11-42-201
(2)(a) shall:
[
(a) (i) (A) be published in a newspaper of general circulation within the local entity's
jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
least five but not more than 20 days before the day of the hearing required in Section
11-42-204
; or
]
[
(B) if there is no newspaper of general circulation within the local entity's
jurisdictional boundaries,
]
(a) (i)
 be posted in at least three public places within the local entity's jurisdictional
boundaries at least 20 but not more than 35 days before the day of the hearing required in
Section 
11-42-204
; and
(ii) be published on the Utah Public Notice Website described in Section 
63F-1-701
 for
four weeks before the deadline for filing protests specified in the notice under Subsection
(1)(i); and
(b) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
assessment area at the property owner's mailing address.
(5) (a) The local entity may record the version of the notice that is published or posted
in accordance with Subsection (4)(a) with the office of the county recorder, by legal description
and tax identification number as identified in county records, against the property proposed to
be assessed.
(b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
after the day on which the local entity records the notice if the local entity has failed to adopt
the designation ordinance or resolution under Section 
11-42-201
 designating the assessment
area for which the notice was recorded.
(6) A local entity shall make available on the local entity's website, or, if no website is
available, at the local entity's place of business, the address and type of use of each unassessed
benefitted government property described in Subsection (1)(g).
(7) If a governing body fails to provide actual or constructive notice under this section,
the local entity may not assess a levy against a benefitted property omitted from the notice
unless:
(a) the property owner gives written consent;
(b) the property owner received notice under Subsection 
11-42-401
(2)(a)(iii) and did
not object to the levy of the assessment before the final hearing of the board of equalization; or
(c) the benefitted property is conveyed to a subsequent purchaser and, before the date
of conveyance, the requirements of Subsections 
11-42-206
(3)(a)(i) and (ii), or, if applicable,
Subsection 
11-42-207
(1)(d)(i) are met.
Section 41. Section 
11-42-301
 is amended to read:
11-42-301.
Improvements made only under contract let to lowest responsive,
responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to
contract requirement.
(1) Except as otherwise provided in this section, a local entity may make improvements
in an assessment area only under contract let to the lowest responsive, responsible bidder for
the kind of service, material, or form of construction that the local entity's governing body
determines in compliance with any applicable local entity ordinances.
(2) A local entity may:
(a) divide improvements into parts;
(b) (i) let separate contracts for each part; or
(ii) combine multiple parts into the same contract; and
(c) let a contract on a unit basis.
(3) (a) A local entity may not let a contract until after [
publishing
] 
posting
 notice as
provided in Subsection (3)(b)[
: (i) at least one time in a newspaper of general circulation within
the boundaries of the local entity at least 15 days before the date specified for receipt of bids;
and (ii) in accordance with Section 
45-1-101
] 
on the Utah Public Notice Website created in
Section 
63F-1-701
, at least 15 days before the date specified for receipt of bids.
(b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
receive sealed bids at a specified time and place for the construction of the improvements.
(c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
publish the notice or to publish the notice within 15 days before the date specified for receipt of
bids, the governing body may proceed to let a contract for the improvements if the local entity
receives at least three sealed and bona fide bids from contractors by the time specified for the
receipt of bids.
(d) A local entity may publish a notice required under this Subsection (3) at the same
time as a notice under Section 
11-42-202
.
(4) (a) A local entity may accept as a sealed bid a bid that is:
(i) manually sealed and submitted; or
(ii) electronically sealed and submitted.
(b) The governing body or project engineer shall, at the time specified in the notice
under Subsection (3), open and examine the bids.
(c) In open session, the governing body:
(i) shall declare the bids; and
(ii) may reject any or all bids if the governing body considers the rejection to be for the
public good.
(d) The local entity may award the contract to the lowest responsive, responsible bidder
even if the price bid by that bidder exceeds the estimated costs as determined by the project
engineer.
(e) A local entity may in any case:
(i) refuse to award a contract;
(ii) obtain new bids after giving a new notice under Subsection (3);
(iii) determine to abandon the assessment area; or
(iv) not make some of the improvements proposed to be made.
(5) A local entity is not required to let a contract as provided in this section for:
(a) an improvement or part of an improvement the cost of which or the making of
which is donated or contributed;
(b) an improvement that consists of furnishing utility service or maintaining
improvements;
(c) labor, materials, or equipment supplied by the local entity;
(d) the local entity's acquisition of completed or partially completed improvements in
an assessment area;
(e) design, engineering, and inspection costs incurred with respect to the construction
of improvements in an assessment area; or
(f) additional work performed in accordance with the terms of a contract duly let to the
lowest responsive, responsible bidder.
(6) A local entity may itself furnish utility service and maintain improvements within
an assessment area.
(7) (a) A local entity may acquire completed or partially completed improvements in an
assessment area, but may not pay an amount for those improvements that exceeds their fair
market value.
(b) Upon the local entity's payment for completed or partially completed
improvements, title to the improvements shall be conveyed to the local entity or another public
agency.
(8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
Projects, and Section 
72-6-108
 do not apply to improvements to be constructed in an
assessment area.
Section 42. Section 
11-42-402
 is amended to read:
11-42-402.
Notice of assessment and board of equalization hearing.
Each notice required under Subsection 
11-42-401
(2)(a)(iii) shall:
(1) state:
(a) that an assessment list is completed and available for examination at the offices of
the local entity;
(b) the total estimated or actual cost of the improvements;
(c) the amount of the total estimated or actual cost of the proposed improvements to be
paid by the local entity;
(d) the amount of the assessment to be levied against benefitted property within the
assessment area;
(e) the assessment method used to calculate the proposed assessment;
(f) the unit cost used to calculate the assessments shown on the assessment list, based
on the assessment method used to calculate the proposed assessment; and
(g) the dates, times, and place of the board of equalization hearings under Subsection
11-42-401
(2)(b)(i);
(2) (a) beginning at least 20 but not more than 35 days before the day on which the first
hearing of the board of equalization is held[
: (i) be published at least once in a newspaper of
general circulation within the local entity's jurisdictional boundaries; or (ii) if there is no
newspaper of general circulation within the local entity's jurisdictional boundaries
], be posted
in at least three public places within the local entity's jurisdictional boundaries; and
(b) be published on the Utah Public Notice Website created in Section 
63F-1-701
 for
35 days immediately before the day on which the first hearing of the board of equalization is
held; and
(3) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (2) to each owner of property to be assessed within the proposed
assessment area at the property owner's mailing address.
Section 43. Section 
11-42-404
 is amended to read:
11-42-404.
Adoption of a resolution or ordinance levying an assessment -- Notice
of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
interest.
(1) (a) After receiving a final report from a board of equalization under Subsection
11-42-403
(5) or, if applicable, after the time for filing an appeal under Subsection
11-42-403
(6) has passed, the governing body may adopt a resolution or ordinance levying an
assessment against benefitted property within the assessment area designated in accordance
with Part 2, Designating an Assessment Area.
(b) Except as provided in Subsection (1)(c), a local entity may not levy more than one
assessment under this chapter for an assessment area designated in accordance with Part 2,
Designating an Assessment Area.
(c) A local entity may levy more than one assessment in an assessment area designated
in accordance with Part 2, Designating an Assessment Area, if:
(i) the local entity has adopted a designation resolution or designation ordinance for
each assessment in accordance with Section 
11-42-201
; and
(ii) the assessment is levied to pay:
(A) subject to Section 
11-42-401
, operation and maintenance costs;
(B) subject to Section 
11-42-406
, the costs of economic promotion activities; or
(C) the costs of environmental remediation activities.
(d) An assessment resolution or ordinance adopted under Subsection (1)(a):
(i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
be assessed;
(ii) need not include the legal description or tax identification number of the parcels of
property assessed in the assessment area; and
(iii) is adequate for purposes of identifying the property to be assessed within the
assessment area if the assessment resolution or ordinance incorporates by reference the
corrected assessment list that describes the property assessed by legal description and tax
identification number.
(2) (a) A local entity that adopts an assessment resolution or ordinance shall give notice
of the adoption by:
[
(i) (A) publishing a copy of the resolution or ordinance, or a summary of the
resolution or ordinance, once in a newspaper of general circulation within the local entity's
jurisdictional boundaries; or
]
[
(B) if there is no newspaper of general circulation with the local entity's jurisdictional
boundaries as described in Subsection (2)(a)(i),
]
(i)
 posting a copy of the resolution or ordinance in at least three public places within
the local entity's jurisdictional boundaries for at least 21 days; and
(ii) [
publishing, in accordance with Section 
45-1-101
,
] 
posting
 a copy of the resolution
or ordinance 
on the Utah Public Notice Website created in Section 
63F-1-701
 for at least 21
days.
(b) No other publication or posting of the resolution or ordinance is required.
(3) Notwithstanding any other statutory provision regarding the effective date of a
resolution or ordinance, each assessment resolution or ordinance takes effect:
(a) on the date of publication or posting of the notice under Subsection (2); or
(b) at a later date provided in the resolution or ordinance.
(4) (a) The governing body of each local entity that has adopted an assessment
resolution or ordinance under Subsection (1) shall, within five days after the day on which the
25-day prepayment period under Subsection 
11-42-411
(6) has passed, file a notice of
assessment interest with the recorder of the county in which the assessed property is located.
(b) Each notice of assessment interest under Subsection (4)(a) shall:
(i) state that the local entity has an assessment interest in the assessed property;
(ii) if the assessment is to pay operation and maintenance costs or for economic
promotion activities, state the maximum number of years over which an assessment will be
payable; and
(iii) describe the property assessed by legal description and tax identification number.
(c) A local entity's failure to file a notice of assessment interest under this Subsection
(4) has no affect on the validity of an assessment levied under an assessment resolution or
ordinance adopted under Subsection (1).
Section 44. Section 
11-42a-201
 is amended to read:
11-42a-201.
Resolution or ordinance designating an energy assessment area,
levying an assessment, and issuing an energy assessment bond.
(1) (a) Except as otherwise provided in this chapter, and subject to the requirements of
this part, at the request of a property owner on whose property or for whose benefit an
improvement is being installed or being reimbursed, a governing body of a local entity may
adopt an energy assessment resolution or an energy assessment ordinance that:
(i) designates an energy assessment area;
(ii) levies an assessment within the energy assessment area; and
(iii) if applicable, authorizes the issuance of an energy assessment bond.
(b) The governing body of a local entity may, by adopting a parameters resolution,
delegate to an officer of the local entity, in accordance with the parameters resolution, the
authority to:
(i) execute an energy assessment resolution or ordinance that:
(A) designates an energy assessment area;
(B) levies an energy assessment lien; and
(C) approves the final interest rate, price, principal amount, maturities, redemption
features, and other terms of the energy assessment bonds; and
(ii) approve and execute all documents related to the designation of the energy
assessment area, the levying of the energy assessment lien, and the issuance of the energy
assessment bonds.
(c) The boundaries of a proposed energy assessment area may:
(i) include property that is not intended to be assessed; and
(ii) overlap, be coextensive with, or be substantially coterminous with the boundaries
of any other energy assessment area or an assessment area created under Title 11, Chapter 42,
Assessment Area Act.
(d) The energy assessment resolution or ordinance described in Subsection (1)(a) is
adequate for purposes of identifying the property to be assessed within the energy assessment
area if the resolution or ordinance describes the property to be assessed by legal description and
tax identification number.
(2) (a) A local entity that adopts an energy assessment resolution or ordinance under
Subsection (1)(a) or a parameters resolution under Subsection (1)(b) shall give notice of the
adoption of the energy assessment resolution or ordinance or the parameters resolution by[
: (i) 
publishing a copy or a summary of the resolution or ordinance once in a newspaper of general
circulation where the energy assessment area is located; or (ii) if there is no newspaper of
general circulation where the energy assessment area is located,
] posting a copy of the
resolution or ordinance
:
(i)
 in at least three public places within the local entity's jurisdictional boundaries for at
least 21 days[
.
]
; and
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
, for at least 21
days.
(b) Except as provided in Subsection (2)(a), a local entity is not required to make any
other publication or posting of the resolution or ordinance.
(3) Notwithstanding any other statutory provision regarding the effective date of a
resolution or ordinance, each energy assessment resolution or ordinance takes effect on the
later of:
(a) the date on which the governing body of the local entity adopts the energy
assessment resolution or ordinance;
(b) the date of publication or posting of the notice of adoption of either the energy
assessment resolution or ordinance or the parameters resolution described in Subsection (2); or
(c) at a later date as provided in the resolution or ordinance.
(4) (a) The governing body of each local entity that has adopted an energy assessment
resolution or ordinance under Subsection (1) shall, within five days after the effective date of
the resolution or ordinance, file a notice of assessment interest with the recorder of the county
in which the property to be assessed is located.
(b) Each notice of assessment interest under Subsection (4)(a) shall:
(i) state that the local entity has an assessment interest in the property to be assessed;
and
(ii) describe the property to be assessed by legal description and tax identification
number.
(c) If a local entity fails to file a notice of assessment interest under this Subsection (4):
(i) the failure does not invalidate the designation of an energy assessment area; and
(ii) the local entity may not assess a levy against a subsequent purchaser of a benefitted
property that lacked recorded notice unless:
(A) the subsequent purchaser gives written consent;
(B) the subsequent purchaser has actual notice of the assessment levy; or
(C) the subsequent purchaser purchased the property after a corrected notice was filed
under Subsection (4)(d).
(d) The local entity may file a corrected notice if the entity fails to comply with the date
or other requirements for filing a notice of assessment interest.
(e) If a governing body has filed a corrected notice under Subsection (4)(d), the local
entity may not retroactively collect or adjust the amount of the levy to recapture lost funds for a
levy that the local entity was prohibited from collecting, if applicable, under Subsection (4)(c).
Section 45. Section 
17-27a-204
 is amended to read:
17-27a-204.
Notice of public hearings and public meetings to consider general
plan or modifications.
(1) A county shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
days before the public hearing and shall be:
[
(a) (i) published in a newspaper of general circulation in the area; and
]
[
(ii)
] 
(a)
 published on the Utah Public Notice Website created in Section 
63F-1-701
;
(b) mailed to each affected entity; and
(c) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be:
[
(a) (i) submitted to a newspaper of general circulation in the area; and
]
[
(ii)
] 
(a)
 published on the Utah Public Notice Website created in Section 
63F-1-701
;
and
(b) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website.
Section 46. Section 
17-27a-205
 is amended to read:
17-27a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each county shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website; and
[
(c) (i) published:
]
[
(A) in a newspaper of general circulation in the area at least 10 calendar days before
the public hearing; and
]
[
(B)
] 
(c) (i) posted
 on the Utah Public Notice Website created in Section 
63F-1-701
, at
least 10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by county ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the hearing and shall be posted:
(a) in at least three public locations within the county; or
(b) on the county's official website.
(4) (a) A county shall send a courtesy notice to each owner of private real property
whose property is located entirely or partially within the proposed zoning map enactment or
amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the county will be
provided to the county legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
17-27a-502
.
(c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
for a public hearing on a zoning map or map amendment, the notice required in this Subsection
(4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
separately.
Section 47. Section 
17-27a-306
 is amended to read:
17-27a-306.
Planning advisory areas.
(1) (a) A planning advisory area may be established as provided in this Subsection (1).
(b) A planning advisory area may not be established unless the area to be included
within the proposed planning advisory area:
(i) is unincorporated;
(ii) is contiguous; and
(iii) (A) contains:
(I) at least 20% but not more than 80% of:
(Aa) the total private land area in the unincorporated county; or
(Bb) the total value of locally assessed taxable property in the unincorporated county;
or
(II) (Aa) in a county of the second or third class, at least 5% of the total population of
the unincorporated county, but not less than 300 residents; or
(Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
of the unincorporated county; or
(B) has been declared by the United States Census Bureau as a census designated
place.
(c) (i) The process to establish a planning advisory area is initiated by the filing of a
petition with the clerk of the county in which the proposed planning advisory area is located.
(ii) A petition to establish a planning advisory area may not be filed if it proposes the
establishment of a planning advisory area that includes an area within a proposed planning
advisory area in a petition that has previously been certified under Subsection (1)(g), until after
the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
(d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
(i) be signed by the owners of private real property that:
(A) is located within the proposed planning advisory area;
(B) covers at least 10% of the total private land area within the proposed planning
advisory area; and
(C) is equal in value to at least 10% of the value of all private real property within the
proposed planning advisory area;
(ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
area proposed to be established as a planning advisory area;
(iii) indicate the typed or printed name and current residence address of each owner
signing the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
petition for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a public
hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
advisory area.
(e) Subsection 
10-2a-102
(3) applies to a petition to establish a planning advisory area
to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
Incorporation.
(f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing
the establishment of a planning advisory area in a county of the second class, the county clerk
shall provide notice of the filing of the petition to:
(A) each owner of real property owning more than 1% of the assessed value of all real
property within the proposed planning advisory area; and
(B) each owner of real property owning more than 850 acres of real property within the
proposed planning advisory area.
(ii) A property owner may exclude all or part of the property owner's property from a
proposed planning advisory area in a county of the second class:
(A) if:
(I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
property within the proposed planning advisory area;
(IIii) the property is nonurban; and
(IIIiii) the property does not or will not require municipal provision of municipal-type
services; or
(Bb) the property owner owns more than 850 acres of real property within the proposed
planning advisory area; and
(II) exclusion of the property will not leave within the planning advisory area an island
of property that is not part of the planning advisory area; and
(B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
under Subsection (1)(f)(i).
(iii) (A) The county legislative body shall exclude from the proposed planning advisory
area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
(B) If the county legislative body excludes property from a proposed planning advisory
area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
exclusion, send written notice of its action to the contact sponsor.
(g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (1)(d):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
rejection and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
the county legislative body shall hold a public hearing on the proposal to establish a planning
advisory area.
(ii) A public hearing under Subsection (1)(h)(i) shall be:
(A) within the boundary of the proposed planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
county legislative body shall publish notice of the petition and the time, date, and place of the
public hearing[
: (A) at least once in a newspaper of general circulation in the county; and (B)
]
on the Utah Public Notice Website created in Section 
63F-1-701
.
(i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
shall arrange for the proposal to establish a planning advisory area to be submitted to voters
residing within the proposed planning advisory area at the next regular general election that is
more than 90 days after the public hearing.
(j) A planning advisory area is established at the time of the canvass of the results of an
election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
proposal to establish a planning advisory area voted in favor of the proposal.
(k) An area that is an established township before May 12, 2015:
(i) is, as of May 12, 2015, a planning advisory area; and
(ii) (A) shall change its name, if applicable, to no longer include the word "township";
and
(B) may use the word "planning advisory area" in its name.
(2) The county legislative body may:
(a) assign to the countywide planning commission the duties established in this part
that would have been assumed by a planning advisory area planning commission designated
under Subsection (2)(b); or
(b) designate and appoint a planning commission for the planning advisory area.
(3) (a) An area within the boundary of a planning advisory area may be withdrawn
from the planning advisory area as provided in this Subsection (3) or in accordance with
Subsection (5)(a).
(b) The process to withdraw an area from a planning advisory area is initiated by the
filing of a petition with the clerk of the county in which the planning advisory area is located.
(c) A petition under Subsection (3)(b) shall:
(i) be signed by the owners of private real property that:
(A) is located within the area proposed to be withdrawn from the planning advisory
area;
(B) covers at least 50% of the total private land area within the area proposed to be
withdrawn from the planning advisory area; and
(C) is equal in value to at least 33% of the value of all private real property within the
area proposed to be withdrawn from the planning advisory area;
(ii) state the reason or reasons for the proposed withdrawal;
(iii) be accompanied by an accurate plat or map showing the boundary of the
contiguous area proposed to be withdrawn from the planning advisory area;
(iv) indicate the typed or printed name and current residence address of each owner
signing the petition;
(v) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
petition for purposes of the petition; and
(vii) request the county legislative body to withdraw the area from the planning
advisory area.
(d) Subsection 
10-2a-102
(3) applies to a petition to withdraw an area from a planning
advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
2a, Municipal Incorporation.
(e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (3)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
the area from the planning advisory area.
(ii) A public hearing under Subsection (3)(f)(i) shall be held:
(A) within the area proposed to be withdrawn from the planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
body shall:
(A) publish notice of the petition and the time, date, and place of the public hearing[
:
(I) at least once a week for three consecutive weeks in a newspaper of general circulation in the
planning advisory area; and (II)
] on the Utah Public Notice Website created in Section
63F-1-701
, for three consecutive weeks; and
(B) mail a notice of the petition and the time, date, and place of the public hearing to
each owner of private real property within the area proposed to be withdrawn.
(g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
legislative body shall make a written decision on the proposal to withdraw the area from the
planning advisory area.
(ii) In making its decision as to whether to withdraw the area from the planning
advisory area, the county legislative body shall consider:
(A) whether the withdrawal would leave the remaining planning advisory area in a
situation where the future incorporation of an area within the planning advisory area or the
annexation of an area within the planning advisory area to an adjoining municipality would be
economically or practically not feasible;
(B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
area:
(I) whether the proposed subsequent incorporation or withdrawal:
(Aa) will leave or create an unincorporated island or peninsula; or
(Bb) will leave the county with an area within its unincorporated area for which the
cost, requirements, or other burdens of providing municipal services would materially increase
over previous years; and
(II) whether the municipality to be created or the municipality into which the
withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
providing service to the withdrawn area that the county will no longer provide due to the
incorporation or annexation;
(C) the effects of a withdrawal on adjoining property owners, existing or projected
county streets or other public improvements, law enforcement, and zoning and other municipal
services provided by the county; and
(D) whether justice and equity favor the withdrawal.
(h) Upon the written decision of the county legislative body approving the withdrawal
of an area from a planning advisory area, the area is withdrawn from the planning advisory area
and the planning advisory area continues as a planning advisory area with a boundary that
excludes the withdrawn area.
(4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
(b) The process to dissolve a planning advisory area is initiated by the filing of a
petition with the clerk of the county in which the planning advisory area is located.
(c) A petition under Subsection (4)(b) shall:
(i) be signed by registered voters within the planning advisory area equal in number to
at least 25% of all votes cast by voters within the planning advisory area at the last
congressional election;
(ii) state the reason or reasons for the proposed dissolution;
(iii) indicate the typed or printed name and current residence address of each person
signing the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each
petition sponsor;
(v) authorize the petition sponsors to act on behalf of all persons signing the petition
for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a public
hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
advisory area.
(d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
clerk shall:
(A) with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
and
(B) (I) if the clerk determines that the petition complies with the requirements of
Subsection (4)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirements
of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
may be amended to correct the deficiencies for which it was rejected and then refiled with the
county clerk.
(e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
the county legislative body shall hold a public hearing on the proposal to dissolve the planning
advisory area.
(ii) A public hearing under Subsection (4)(e)(i) shall be held:
(A) within the boundary of the planning advisory area; or
(B) if holding a public hearing in that area is not practicable, as close to that area as
practicable.
(iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
body shall publish notice of the petition and the time, date, and place of the public hearing[
:
(A) at least once a week for three consecutive weeks in a newspaper of general circulation in
the planning advisory area; and (B)
] on the Utah Public Notice Website created in Section
63F-1-701
, for three consecutive weeks immediately before the public hearing.
(f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
residing within the planning advisory area at the next regular general election that is more than
90 days after the public hearing.
(g) A planning advisory area is dissolved at the time of the canvass of the results of an
election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
proposal to dissolve the planning advisory area voted in favor of the proposal.
(5) (a) If a portion of an area located within a planning advisory area is annexed by a
municipality or incorporates, that portion is withdrawn from the planning advisory area.
(b) If a planning advisory area in whole is annexed by a municipality or incorporates,
the planning advisory area is dissolved.
Section 48. Section 
17-27a-404
 is amended to read:
17-27a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing its recommendation for a proposed general plan, or proposal to
amend the general plan, the planning commission shall schedule and hold a public hearing on
the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
17-27a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) As provided by local ordinance and by Section 
17-27a-204
, the legislative body
shall provide notice of its intent to consider the general plan proposal.
(b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
regarding Subsection 
17-27a-401
(4). The hearing procedure shall comply with this Subsection
(3)(b).
(ii) The hearing format shall allow adequate time for public comment at the actual
public hearing, and shall also allow for public comment in writing to be submitted to the
legislative body for not fewer than 90 days after the date of the public hearing.
(c) (i) The legislative body shall give notice of the hearing in accordance with this
Subsection (3) when the proposed plan provisions required by Subsection 
17-27a-401
(4) are
complete.
(ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
the state Legislature, executive director of the Department of Environmental Quality, the state
planning coordinator, the Resource Development Coordinating Committee, and any other
citizens or entities who specifically request notice in writing.
(iii) Public notice shall be given by publication[
: (A) in at least one major Utah
newspaper having broad general circulation in the state; (B) in at least one Utah newspaper
having a general circulation focused mainly on the county where the proposed high-level
nuclear waste or greater than class C radioactive waste site is to be located; and (C)
] on the
Utah Public Notice Website created in Section 
63F-1-701
.
(iv) The notice shall be published to allow reasonable time for interested parties and
the state to evaluate the information regarding the provisions of Subsection 
17-27a-401
(4),
including[
: (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days
before the date of the hearing to be held under this Subsection (3); and (B)
] publication
described in Subsection (3)(c)(iii)[
(B) or (C)
] for 180 days before the date of the hearing to be
held under this Subsection (3).
(4) (a) After the public hearing required under this section, the legislative body may
adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
(b) The legislative body shall respond in writing and in a substantive manner to all
those providing comments as a result of the hearing required by Subsection (3).
(c) If the county legislative body rejects the proposed general plan or amendment, it
may provide suggestions to the planning commission for the planning commission's review and
recommendation.
(5) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
17-27a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
17-27a-403
(2)(a)(ii);
(c) after considering the factors included in Subsection 
17-27a-403
(2)(b), a plan to
provide a realistic opportunity to meet the need for additional moderate income housing; and
(d) before August 1, 2017, a resource management plan as provided by Subsection
17-27a-403
(2)(a)(iv).
Section 49. Section 
17-41-302
 is amended to read:
17-41-302.
Notice of proposal for creation of protection area -- Responses.
(1) An applicable legislative body shall provide notice of the proposal by:
[
(a) (i) publishing notice in a newspaper having general circulation within:
]
[
(A) the same county as the land proposed for inclusion within an agriculture
protection area, industrial protection area, or critical infrastructure materials protection area, as
the case may be, if the land is within the unincorporated part of the county; or
]
[
(B) the same city or town as the land proposed for inclusion within an agriculture
protection area, industrial protection area, or critical infrastructure materials protection area, as
the case may be, if the land is within a city or town; and
]
[
(ii) as required in Section 
45-1-101
;
]
(a) posting notice on the Utah Public Notice Website created in Section 
63F-1-701
;
(b) posting notice at five public places, designated by the county or municipal
legislative body, within or near the proposed agriculture protection area, industrial protection
area, or critical infrastructure materials protection area; and
(c) mailing written notice to each owner of land within 1,000 feet of the land proposed
for inclusion within an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area.
(2) The notice shall contain:
(a) a statement that a proposal for the creation of an agriculture protection area,
industrial protection area, or critical infrastructure materials protection area has been filed with
the applicable legislative body;
(b) a statement that the proposal will be open to public inspection in the office of the
applicable legislative body;
(c) a statement that any person affected by the establishment of the area may, within 15
days of the date of the notice, file with the applicable legislative body:
(i) written objections to the proposal; or
(ii) a written request to modify the proposal to exclude land from or add land to the
proposed protection area;
(d) a statement that the applicable legislative body will submit the proposal to the
advisory committee and to the planning commission for review and recommendations;
(e) a statement that the applicable legislative body will hold a public hearing to discuss
and hear public comment on:
(i) the proposal to create the agriculture protection area, industrial protection area, or
critical infrastructure materials protection area;
(ii) the recommendations of the advisory committee and planning commission; and
(iii) any requests for modification of the proposal and any objections to the proposal;
and
(f) a statement indicating the date, time, and place of the public hearing.
(3) (a) A person wishing to modify the proposal for the creation of the agriculture
protection area, industrial protection area, or critical infrastructure materials protection area
shall, within 15 days after the date of the notice, file a written request for modification of the
proposal, which identifies specifically the land that should be added to or removed from the
proposal.
(b) A person wishing to object to the proposal for the creation of the agriculture
protection area, industrial protection area, or critical infrastructure materials protection area
shall, within 15 days after the date of the notice, file a written objection to the creation of the
relevant protection area.
Section 50. Section 
17-41-304
 is amended to read:
17-41-304.
Public hearing -- Review and action on proposal.
(1) After receipt of the written reports from the advisory committee and planning
commission, or after the 45 days have expired, whichever is earlier, the county or municipal
legislative body shall:
(a) schedule a public hearing;
(b) provide notice of the public hearing by:
[
(i) publishing notice:
]
[
(A) in a newspaper having general circulation within:
]
[
(I) the same county as the land proposed for inclusion within the agriculture protection
area, industrial protection area, or critical infrastructure materials protection area, if the land is
within the unincorporated part of the county; or
]
[
(II) the same city or town as the land proposed for inclusion within an agriculture
protection area, industrial protection area, or critical infrastructure materials protection area, if
the land is within a city or town; and
]
[
(B)
] 
(i) posting notice
 on the Utah Public Notice Website created in Section
63F-1-701
;
(ii) posting notice at five public places, designated by the applicable legislative body,
within or near the proposed agriculture protection area, industrial protection area, or critical
infrastructure materials protection area; and
(iii) mailing written notice to each owner of land within 1,000 feet of the land proposed
for inclusion within an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area; and
(c) ensure that the notice includes:
(i) the time, date, and place of the public hearing on the proposal;
(ii) a description of the proposed agriculture protection area, industrial protection area,
or critical infrastructure materials protection area;
(iii) any proposed modifications to the proposed agriculture protection area, industrial
protection area, or critical infrastructure materials protection area;
(iv) a summary of the recommendations of the advisory committee and planning
commission; and
(v) a statement that interested persons may appear at the public hearing and speak in
favor of or against the proposal, any proposed modifications to the proposal, or the
recommendations of the advisory committee and planning commission.
(2) The applicable legislative body shall:
(a) convene the public hearing at the time, date, and place specified in the notice; and
(b) take oral or written testimony from interested persons.
(3) (a) Within 120 days of the submission of the proposal, the applicable legislative
body shall approve, modify and approve, or reject the proposal.
(b) The creation of an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area is effective at the earlier of:
(i) the applicable legislative body's approval of a proposal or modified proposal; or
(ii) 120 days after submission of a proposal complying with Subsection 
17-41-301
(2) if
the applicable legislative body has failed to approve or reject the proposal within that time.
(c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
is effective only if the applicable legislative body, at its discretion, approves a proposal or
modified proposal.
(4) (a) To give constructive notice of the existence of the agriculture protection area,
industrial protection area, or critical infrastructure materials protection area to all persons who
have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
protection area within 10 days of the creation of the relevant protection area, the applicable
legislative body shall file an executed document containing a legal description of the relevant
protection area with:
(i) the county recorder of deeds; and
(ii) the affected planning commission.
(b) If the legal description of the property to be included in the relevant protection area
is available through the county recorder's office, the applicable legislative body shall use that
legal description in its executed document required in Subsection (4)(a).
(5) Within 10 days of the recording of the agriculture protection area, the applicable
legislative body shall:
(a) send written notification to the commissioner of agriculture and food that the
agriculture protection area has been created; and
(b) include in the notification:
(i) the number of landowners owning land within the agriculture protection area;
(ii) the total acreage of the area;
(iii) the date of approval of the area; and
(iv) the date of recording.
(6) The applicable legislative body's failure to record the notice required under
Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
creation of an agriculture protection area.
(7) The applicable legislative body may consider the cost of recording notice under
Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
under Subsection 
17-41-301
(4)(b).
Section 51. Section 
17-41-405
 is amended to read:
17-41-405.
Eminent domain restrictions.
(1) A political subdivision having or exercising eminent domain powers may not
condemn for any purpose any land within an agriculture protection area that is being used for
agricultural production, land within an industrial protection area that is being put to an
industrial use, or land within a critical infrastructure materials protection area, unless the
political subdivision obtains approval, according to the procedures and requirements of this
section, from the applicable legislative body and the advisory board.
(2) Any condemnor wishing to condemn property within an agriculture protection area,
industrial protection area, or critical infrastructure materials protection area shall file a notice
of condemnation with the applicable legislative body and the relevant protection area's advisory
board at least 30 days before filing an eminent domain complaint.
(3) The applicable legislative body and the advisory board shall:
(a) hold a joint public hearing on the proposed condemnation at a location within the
county in which the relevant protection area is located;
(b) [
publish
] 
post
 notice of the time, date, place, and purpose of the public hearing:
[
(i) in a newspaper of general circulation within the relevant protection area; and
]
[
(ii)
] 
(i)
 on the Utah Public Notice Website created in Section 
63F-1-701
; and
[
(c) post notice of the time, date, place, and purpose of the public hearing
]
(ii)
 in five conspicuous public places, designated by the applicable legislative body,
within or near the relevant protection area.
(4) (a) If the condemnation is for highway purposes or for the disposal of solid or
liquid waste materials, the applicable legislative body and the advisory board may approve the
condemnation only if there is no reasonable and prudent alternative to the use of the land
within the agriculture protection area, industrial protection area, or critical infrastructure
materials protection area for the project.
(b) If the condemnation is for any other purpose, the applicable legislative body and the
advisory board may approve the condemnation only if:
(i) the proposed condemnation would not have an unreasonably adverse effect upon the
preservation and enhancement of:
(A) agriculture within the agriculture protection area;
(B) the industrial use within the industrial protection area; or
(C) critical infrastructure materials operations within the critical infrastructure
materials protection area; or
(ii) there is no reasonable and prudent alternative to the use of the land within the [
the
]
relevant protection area for the project.
(5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
legislative body and the advisory board shall approve or reject the proposed condemnation.
(b) If the applicable legislative body and the advisory board fail to act within the 60
days or such further time as the applicable legislative body establishes, the condemnation shall
be considered rejected.
(6) The applicable legislative body or the advisory board may request the county or
municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
this section.
Section 52. Section 
17B-1-111
 is amended to read:
17B-1-111.
Impact fee resolution -- Notice and hearing requirements.
(1) (a) If a local district wishes to impose impact fees, the board of trustees of the local
district shall:
(i) prepare a proposed impact fee resolution that meets the requirements of Title 11,
Chapter 36a, Impact Fees Act;
(ii) make a copy of the impact fee resolution available to the public at least 14 days
before the date of the public hearing and hold a public hearing on the proposed impact fee
resolution; and
(iii) provide reasonable notice of the public hearing at least 14 days before the date of
the hearing.
(b) After the public hearing, the board of trustees may:
(i) adopt the impact fee resolution as proposed;
(ii) amend the impact fee resolution and adopt or reject it as amended; or
(iii) reject the resolution.
(2) A local district meets the requirements of reasonable notice required by this section
if it:
(a) posts notice of the hearing or meeting in at least three public places within the
jurisdiction [
and publishes notice of the hearing or meeting in a newspaper of general
circulation in the jurisdiction, if one is available
]; or
(b) gives actual notice of the hearing or meeting.
(3) The local district's board of trustees may enact a resolution establishing stricter
notice requirements than those required by this section.
(4) (a) Proof that one of the two forms of notice required by this section was given is
prima facie evidence that notice was properly given.
(b) If notice given under authority of this section is not challenged within 30 days from
the date of the meeting for which the notice was given, the notice is considered adequate and
proper.
Section 53. Section 
17B-1-211
 is amended to read:
17B-1-211.
Notice of public hearings -- Publication of resolution.
(1) Before holding a public hearing or set of public hearings under Section 
17B-1-210
,
the legislative body of each county or municipality with which a request is filed or that adopts a
resolution under Subsection 
17B-1-203
(1)(d) and the board of trustees of each local district
that adopts a resolution under Subsection 
17B-1-203
(1)(e) shall:
[
(a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
in a newspaper or combination of newspapers of general circulation within the applicable area
in accordance with Subsection (2); or
]
[
(B) if there is no newspaper or combination of newspapers of general circulation
within the applicable area, post notice
]
(a) (i)
 in accordance with Subsection (2)
, post
 at least one notice per 1,000 population
of [
that
] 
the applicable
 area and at places within the area that are most likely to provide actual
notice to residents of the area; and
(ii) publish notice on the Utah Public Notice Website created in Section 
63F-1-701
, for
two weeks before the hearing or the first of the set of hearings; or
(b) mail a notice to each registered voter residing within and each owner of real
property located within the proposed local district.
[
(2) Each published notice under Subsection (1)(a)(i)(A) shall:
]
[
(a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
surrounded by a 1/4-inch border;
]
[
(b) if possible, appear in a newspaper that is published at least one day per week;
]
[
(c) if possible, appear in a newspaper of general interest and readership in the area and
not of limited subject matter;
]
[
(d) be placed in a portion of the newspaper other than where legal notices and
classified advertisements appear; and
]
[
(e) be published once each week for four consecutive weeks, with the final publication
being no fewer than five and no more than 20 days before the hearing or the first of the set of
hearings.
]
[
(3)
] 
(2)
 Each notice required under Subsection (1) shall:
(a) if the hearing or set of hearings is concerning a resolution:
(i) contain the entire text or an accurate summary of the resolution; and
(ii) state the deadline for filing a protest against the creation of the proposed local
district;
(b) clearly identify each governing body involved in the hearing or set of hearings;
(c) state the date, time, and place for the hearing or set of hearings and the purposes for
the hearing or set of hearings; and
(d) describe or include a map of the entire proposed local district.
[
(4)
] 
(3)
 County or municipal legislative bodies may jointly provide the notice required
under this section if all the requirements of this section are met as to each notice.
Section 54. Section 
17B-1-304
 is amended to read:
17B-1-304.
Appointment procedures for appointed members.
(1) The appointing authority may, by resolution, appoint persons to serve as members
of a local district board by following the procedures established by this section.
(2) (a) In any calendar year when appointment of a new local district board member is
required, the appointing authority shall prepare a notice of vacancy that contains:
(i) the positions that are vacant that shall be filled by appointment;
(ii) the qualifications required to be appointed to those positions;
(iii) the procedures for appointment that the governing body will follow in making
those appointments; and
(iv) the person to be contacted and any deadlines that a person shall meet who wishes
to be considered for appointment to those positions.
(b) The appointing authority shall:
(i) post the notice of vacancy in four public places within the local district at least one
month before the deadline for accepting nominees for appointment; 
and
[
(ii) publish the notice of vacancy:
]
[
(A) in a daily newspaper of general circulation within the local district for five
consecutive days before the deadline for accepting nominees for appointment; or
]
[
(B) in a local weekly newspaper circulated within the local district in the week before
the deadline for accepting nominees for appointment; and
]
[
(iii)
] 
(ii)
 [
publish
] 
post
 the notice of vacancy [
in accordance with Section 
45-1-101
]
on the Utah Public Notice Website, created in Section 
63F-1-701
,
 for five days before the
deadline for accepting nominees for appointment.
(c) The appointing authority may bill the local district for the cost of preparing,
printing, and publishing the notice.
(3) (a) Not sooner than two months after the appointing authority is notified of the
vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
who meet the qualifications established by law.
(b) The appointing authority shall:
(i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
appointment;
(ii) allow any interested persons to be heard; and
(iii) adopt a resolution appointing a person to the local district board.
(c) If no candidate for appointment to fill the vacancy receives a majority vote of the
appointing authority, the appointing authority shall select the appointee from the two top
candidates by lot.
(4) Persons appointed to serve as members of the local district board serve four-year
terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
appointing body.
(5) (a) At the end of each board member's term, the position is considered vacant, and,
after following the appointment procedures established in this section, the appointing authority
may either reappoint the incumbent board member or appoint a new member.
(b) Notwithstanding Subsection (5)(a), a board member may continue to serve until a
successor is elected or appointed and qualified in accordance with Subsection 
17B-1-303
(2)(b).
(6) Notwithstanding any other provision of this section, if the appointing authority
appoints one of its own members and that member meets all applicable statutory board member
qualifications, the appointing authority need not comply with Subsection (2) or (3).
Section 55. Section 
17B-1-306
 is amended to read:
17B-1-306.
Local district board -- Election procedures.
(1) Except as provided in Subsection (12), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election or the regular general election, as
applicable; and
(ii) at polling places designated by the local district board in consultation with the
county clerk for each county in which the local district is located, which polling places shall
coincide with municipal general election or regular general election polling places, as
applicable, whenever feasible.
(b) The local district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one consolidated
polling place.
(c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
polling place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) The clerk of each local district with a board member position to be filled at the next
municipal general election or regular general election, as applicable, shall provide notice of:
(a) each elective position of the local district to be filled at the next municipal general
election or regular general election, as applicable;
(b) the constitutional and statutory qualifications for each position; and
(c) the dates and times for filing a declaration of candidacy.
(4) The clerk of the local district shall publish the notice described in Subsection (3):
(a) by posting the notice on the Utah Public Notice Website created in Section
63F-1-701
, for 10 days before the first day for filing a declaration of candidacy; and
(b) [
(i)
] by posting the notice in at least five public places within the local district at
least 10 days before the first day for filing a declaration of candidacy; [
or
] 
and
[
(ii) publishing the notice:
]
[
(A) in a newspaper of general circulation within the local district at least three but no
more than 10 days before the first day for filing a declaration of candidacy;
]
[
(B) in accordance with Section 
45-1-101
, for 10 days before the first day for filing a
declaration of candidacy; and
]
(c) if the local district has a website, on the local district's website for 10 days before
the first day for filing a declaration of candidacy.
(5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
local district board position, an individual shall file a declaration of candidacy in person with
an official designated by the local district, during office hours, within the candidate filing
period for the applicable election year in which the election for the local district board is held.
(b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
filing time shall be extended until the close of normal office hours on the following regular
business day.
(c) Subject to Subsection (5)(f), an individual may designate an agent to file a
declaration of candidacy with the official designated by the local district if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the official designated by the local
district; and
(iii) the individual communicates with the official designated by the local district using
an electronic device that allows the individual and official to see and hear each other.
(d) (i) Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A) read to the individual the constitutional and statutory qualification requirements for
the office that the individual is seeking; and
(B) require the individual to state whether the individual meets those requirements.
(ii) If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii) If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election; and that, if
filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
period, and I hereby request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(f) An agent designated under Subsection (5)(c) may not sign the form described in
Subsection (5)(e).
(g) Each individual wishing to become a valid write-in candidate for an elective local
district board position is governed by Section 
20A-9-601
.
(h) If at least one individual does not file a declaration of candidacy as required by this
section, an individual shall be appointed to fill that board position in accordance with the
appointment provisions of Section 
20A-1-512
.
(i) If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 
20A-9-601
, the board, in accordance with Section
20A-1-206
, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(6) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii) according to the procedures for primary elections provided under Title 20A,
Election Code.
(7) (a) Except as provided in Subsection (7)(c), within one business day after the
deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
names to the clerk of each county in which the local district is located.
(b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
20A-6-305
, the clerk of each county in which the local district is located and the local district
clerk shall coordinate the placement of the name of each candidate for local district office in
the nonpartisan section of the ballot with the appropriate election officer.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible, the local
district board of trustees, in consultation with the county clerk, shall provide for a separate
local district election ballot to be administered by poll workers at polling locations designated
under Subsection (2).
(c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
prescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a
nonpartisan format.
(C) The name of each candidate shall be placed on the ballot in the order specified
under Section 
20A-6-305
.
(8) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(9) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(10) (a) Except as provided in Subsection 
17B-1-303
(8), a person elected to serve on a
local district board shall serve a four-year term, beginning at noon on the January 1 after the
person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
the county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear its own costs of each election it holds under this
section.
(12) This section does not apply to an improvement district that provides electric or gas
service.
(13) Except as provided in Subsection 
20A-3a-605
(1)(b), the provisions of Title 20A,
Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
(14) (a) As used in this Subsection (14), "board" means:
(i) a local district board; or
(ii) the administrative control board of a special service district that has elected
members on the board.
(b) A board may hold elections for membership on the board at a regular general
election instead of a municipal general election if the board submits an application to the
lieutenant governor that:
(i) requests permission to hold elections for membership on the board at a regular
general election instead of a municipal general election; and
(ii) indicates that holding elections at the time of the regular general election is
beneficial, based on potential cost savings, a potential increase in voter turnout, or another
material reason.
(c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
governor may approve the application if the lieutenant governor concludes that holding the
elections at the regular general election is beneficial based on the criteria described in
Subsection (14)(b)(ii).
(d) If the lieutenant governor approves a board's application described in this section:
(i) all future elections for membership on the board shall be held at the time of the
regular general election; and
(ii) the board may not hold elections at the time of a municipal general election unless
the board receives permission from the lieutenant governor to hold all future elections for
membership on the board at a municipal general election instead of a regular general election,
under the same procedure, and by applying the same criteria, described in this Subsection (14).
Section 56. Section 
17B-1-313
 is amended to read:
17B-1-313.
Publication of notice of board resolution or action -- Contest period --
No contest after contest period.
(1) After the board of trustees of a local district adopts a resolution or takes other
action on behalf of the district, the board may provide for the publication of a notice of the
resolution or other action.
(2) Each notice under Subsection (1) shall:
(a) include, as the case may be:
(i) the language of the resolution or a summary of the resolution; or
(ii) a description of the action taken by the board;
(b) state that:
(i) any person in interest may file an action in district court to contest the regularity,
formality, or legality of the resolution or action within 30 days after the date of publication; and
(ii) if the resolution or action is not contested by filing an action in district court within
the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
action after the expiration of the 30-day period; and
[
(c) be published:
]
[
(i) in a newspaper that is published or has general circulation in the district; and
]
[
(ii) as required in Section 
45-1-101
.
]
(c) be posted on the Utah Public Notice Website created in Section 
63F-1-701
.
(3) For a period of 30 days after the date of the publication, any person in interest may
contest the regularity, formality, or legality of the resolution or other action by filing an action
in district court.
(4) After the expiration of the 30-day period under Subsection (3), no one may contest
the regularity, formality, or legality of the resolution or action for any cause.
Section 57. Section 
17B-1-417
 is amended to read:
17B-1-417.
Boundary adjustment -- Notice and hearing -- Protest -- Resolution
adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
Recording requirements -- Effective date.
(1) As used in this section, "affected area" means the area located within the
boundaries of one local district that will be removed from that local district and included within
the boundaries of another local district because of a boundary adjustment under this section.
(2) The boards of trustees of two or more local districts having a common boundary
and providing the same service on the same wholesale or retail basis may adjust their common
boundary as provided in this section.
(3) (a) The board of trustees of each local district intending to adjust a boundary that is
common with another local district shall:
(i) adopt a resolution indicating the board's intent to adjust a common boundary;
(ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
after the adoption of the resolution under Subsection (3)(a)(i); and
[
(iii) (A) publish notice:
]
[
(I) (Aa) once a week for two successive weeks in a newspaper of general circulation
within the local district; or
]
[
(Bb) if there is no newspaper of general circulation within the local district, post
notice
]
(iii) (A) post notice:
(I)
 in at least four conspicuous places within the local district 
at least two weeks before
the public hearing
; and
(II) on the Utah Public Notice Website created in Section 
63F-1-701
, for two weeks; or
(B) mail a notice to each owner of property located within the affected area and to each
registered voter residing within the affected area.
(b) The notice required under Subsection (3)(a)(iii) shall:
(i) state that the board of trustees of the local district has adopted a resolution
indicating the board's intent to adjust a boundary that the local district has in common with
another local district that provides the same service as the local district;
(ii) describe the affected area;
(iii) state the date, time, and location of the public hearing required under Subsection
(3)(a)(ii);
(iv) provide a local district telephone number where additional information about the
proposed boundary adjustment may be obtained;
(v) explain the financial and service impacts of the boundary adjustment on property
owners or residents within the affected area; and
(vi) state in conspicuous and plain terms that the board of trustees may approve the
adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
written protests to the adjustment are filed with the board by:
(A) the owners of private real property that:
(I) is located within the affected area;
(II) covers at least 50% of the total private land area within the affected area; and
(III) is equal in assessed value to at least 50% of the assessed value of all private real
property within the affected area; or
(B) registered voters residing within the affected area equal in number to at least 50%
of the votes cast in the affected area for the office of governor at the last regular general
election before the filing of the protests.
[
(c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
]
[
(d)
] 
(c)
 The boards of trustees of the local districts whose boundaries are being
adjusted may jointly:
(i) [
publish, post,
] 
post
 or mail the notice required under Subsection (3)(a)(iii); and
(ii) hold the public hearing required under Subsection (3)(a)(ii).
(4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
may adopt a resolution approving the adjustment of the common boundary unless, at or before
the public hearing, written protests to the boundary adjustment have been filed with the board
by:
(a) the owners of private real property that:
(i) is located within the affected area;
(ii) covers at least 50% of the total private land area within the affected area; and
(iii) is equal in assessed value to at least 50% of the assessed value of all private real
property within the affected area; or
(b) registered voters residing within the affected area equal in number to at least 50%
of the votes cast in the affected area for the office of governor at the last regular general
election before the filing of the protests.
(5) A resolution adopted under Subsection (4) does not take effect until the board of
each local district whose boundaries are being adjusted has adopted a resolution under
Subsection (4).
(6) The board of the local district whose boundaries are being adjusted to include the
affected area shall:
(a) within 30 days after the resolutions take effect under Subsection (5), file with the
lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
:
(i) if the affected area is located within the boundary of a single county, submit to the
recorder of that county:
(A) the original:
(I) notice of an impending boundary action;
(II) certificate of boundary adjustment; and
(III) approved final local entity plat; and
(B) a certified copy of each resolution adopted under Subsection (4); or
(ii) if the affected area is located within the boundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
(II) a certified copy of each resolution adopted under Subsection (4); and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
and
(II) a certified copy of each resolution adopted under Subsection (4).
(7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
under Section 
67-1a-6.5
, the affected area is annexed to the local district whose boundaries are
being adjusted to include the affected area, and the affected area is withdrawn from the local
district whose boundaries are being adjusted to exclude the affected area.
(b) (i) The effective date of a boundary adjustment under this section for purposes of
assessing property within the affected area is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
recorder of the county in which the property is located, a local district in whose boundary an
affected area is included because of a boundary adjustment under this section may not:
(A) levy or collect a property tax on property within the affected area;
(B) levy or collect an assessment on property within the affected area; or
(C) charge or collect a fee for service provided to property within the affected area.
(iii) Subsection (7)(b)(ii)(C):
(A) may not be construed to limit a local district's ability before a boundary adjustment
to charge and collect a fee for service provided to property that is outside the local district's
boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
local district's boundary adjustment, with respect to a fee that the local district was charging for
service provided to property within the area affected by the boundary adjustment immediately
before the boundary adjustment.
Section 58. Section 
17B-1-505.5
 is amended to read:
17B-1-505.5.
Feasibility study for a municipality's withdrawal from a local
district providing fire protection, paramedic, and emergency services or law enforcement
service.
(1) As used in this section:
(a) "Feasibility consultant" means a person with expertise in:
(i) the processes and economics of local government; and
(ii) the economics of providing fire protection, paramedic, and emergency services or
law enforcement service.
(b) "Feasibility study" means a study to determine the functional and financial
feasibility of a municipality's withdrawal from a first responder local district.
(c) "First responder district" means a local district, other than a municipal services
district, that provides:
(i) fire protection, paramedic, and emergency services; or
(ii) law enforcement service.
(d) "Withdrawing municipality" means a municipality whose legislative body has
adopted a resolution under Subsection 
17B-1-505
(3)(a) to initiate the process of the
municipality's withdrawal from a first responder district.
(2) This section applies and a feasibility study shall be conducted, as provided in this
section, if:
(a) the legislative body of a municipality has adopted a resolution under Subsection
17B-1-505
(3)(a) to initiate the process of the municipality's withdrawal from a first responder
district;
(b) the municipality and first responder district have not agreed in writing to the
withdrawal; and
(c) a feasibility study is a condition under Subsection 
17B-1-505
(6)(a) for an election
to be held approving the withdrawal.
(3) (a) As provided in this Subsection (3), the withdrawing municipality and first
responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
(b) The withdrawing municipality and first responder district shall jointly choose and
engage a feasibility consultant according to applicable municipal or local district procurement
procedures.
(c) (i) If the withdrawing municipality and first responder district cannot agree on and
have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
legislative body of the withdrawing municipality submits written notice to the first responder
district under Subsection 
17B-1-505
(3)(c), the withdrawing municipality and first responder
district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
at least eight feasibility consultants provided by the Utah Association of Certified Public
Accountants.
(ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
feasibility consultant that has had a contract to provide services to the withdrawing
municipality or first responder district at any time during the two-year period immediately
preceding the date the list is provided under Subsection (3)(c)(i).
(iii) (A) Beginning with the first responder district, the first responder district and
withdrawing municipality shall alternately eliminate one feasibility consultant each from the
list of feasibility consultants until one feasibility consultant remains.
(B) Within five days after receiving the list of consultants from the Utah Association of
Certified Public Accountants, the first responder district shall make the first elimination of a
feasibility consultant from the list and notify the withdrawing municipality in writing of the
elimination.
(C) After the first elimination of a feasibility consultant from the list, the withdrawing
municipality and first responder district shall each, within three days after receiving the written
notification of the preceding elimination, notify the other in writing of the elimination of a
feasibility consultant from the list.
(d) If a withdrawing municipality and first responder district do not engage a feasibility
consultant under Subsection (3)(b), the withdrawing municipality and first responder district
shall engage the feasibility consultant that has not been eliminated from the list at the
completion of the process described in Subsection (3)(c).
(4) A feasibility consultant that conducts a feasibility study under this section shall be
independent of and unaffiliated with the withdrawing municipality and first responder district.
(5) In conducting a feasibility study under this section, the feasibility consultant shall
consider:
(a) population and population density within the withdrawing municipality;
(b) current and five-year projections of demographics and economic base in the
withdrawing municipality, including household size and income, commercial and industrial
development, and public facilities;
(c) projected growth in the withdrawing municipality during the next five years;
(d) subject to Subsection (6)(a), the present and five-year projections of the cost,
including overhead, of providing the same service in the withdrawing municipality as is
provided by the first responder district, including:
(i) the estimated cost if the first responder district continues to provide service; and
(ii) the estimated cost if the withdrawing municipality provides service;
(e) subject to Subsection (6)(a), the present and five-year projections of the cost,
including overhead, of the first responder district providing service with:
(i) the municipality included in the first responder district's service area; and
(ii) the withdrawing municipality excluded from the first responder district's service
area;
(f) a projection of any new taxes per household that may be levied within the
withdrawing municipality within five years after the withdrawal;
(g) the fiscal impact that the withdrawing municipality's withdrawal has on other
municipalities and unincorporated areas served by the first responder district, including any rate
increase that may become necessary to maintain required coverage ratios for the first responder
district's debt;
(h) the physical and other assets that will be required by the withdrawing municipality
to provide, without interruption or diminution of service, the same service that is being
provided by the first responder district;
(i) the physical and other assets that will no longer be required by the first responder
district to continue to provide the current level of service to the remainder of the first responder
district, excluding the withdrawing municipality, and could be transferred to the withdrawing
municipality;
(j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
district's assets between the first responder district and the withdrawing municipality, effective
upon the withdrawal of the withdrawing municipality from the first responder district;
(k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
responder district and any local building authority of the first responder district, between the
withdrawing municipality and the remaining first responder district, taking into consideration:
(i) any requirement to maintain the excludability of interest from the income of the
holder of the debt, liability, or obligation for federal income tax purposes; and
(ii) any first responder district assets that have been purchased with the proceeds of
bonds issued by the first responder district that the first responder district will retain and any of
those assets that will be transferred to the withdrawing municipality;
(l) the number and classification of first responder district employees who will no
longer be required to serve the remaining portions of the first responder district after the
withdrawing municipality withdraws from the first responder district, including the dollar
amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
associated with termination of the employees if the withdrawing municipality does not employ
the employees;
(m) maintaining as a base, for a period of three years after withdrawal, the existing
schedule of pay and benefits for first responder district employees who are transferred to the
employment of the withdrawing municipality; and
(n) any other factor that the feasibility consultant considers relevant to the question of
the withdrawing municipality's withdrawal from the first responder district.
(6) (a) For purposes of Subsections (5)(d) and (e):
(i) the feasibility consultant shall assume a level and quality of service to be provided
in the future to the withdrawing municipality that fairly and reasonably approximates the level
and quality of service that the first responder district provides to the withdrawing municipality
at the time of the feasibility study;
(ii) in determining the present value cost of a service that the first responder district
provides, the feasibility consultant shall consider:
(A) the cost to the withdrawing municipality of providing the service for the first five
years after the withdrawal; and
(B) the first responder district's present and five-year projected cost of providing the
same service within the withdrawing municipality; and
(iii) the feasibility consultant shall consider inflation and anticipated growth in
calculating the cost of providing service.
(b) The feasibility consultant may not consider an allocation of first responder district
assets or a transfer of first responder district employees to the extent that the allocation or
transfer would impair the first responder district's ability to continue to provide the current
level of service to the remainder of the first responder district without the withdrawing
municipality, unless the first responder district consents to the allocation or transfer.
(7) A feasibility consultant may retain an architect, engineer, or other professional, as
the feasibility consultant considers prudent and as provided in the agreement with the
withdrawing municipality and first responder district, to assist the feasibility consultant to
conduct a feasibility study.
(8) The withdrawing municipality and first responder district shall require the
feasibility consultant to:
(a) complete the feasibility study within a time established by the withdrawing
municipality and first responder district;
(b) prepare and submit a written report communicating the results of the feasibility
study, including a one-page summary of the results; and
(c) attend all public hearings relating to the feasibility study under Subsection (14).
(9) A written report of the results of a feasibility study under this section shall:
(a) contain a recommendation concerning whether a withdrawing municipality's
withdrawal from a first responder district is functionally and financially feasible for both the
first responder district and the withdrawing municipality; and
(b) include any conditions the feasibility consultant determines need to be satisfied in
order to make the withdrawal functionally and financially feasible, including:
(i) first responder district assets and liabilities to be allocated to the withdrawing
municipality; and
(ii) (A) first responder district employees to become employees of the withdrawing
municipality; and
(B) sick leave, vacation, and other accrued benefits and obligations relating to the first
responder district employees that the withdrawing municipality needs to assume.
(10) The withdrawing municipality and first responder district shall equally share the
feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
municipality and first responder district and the feasibility consultant.
(11) (a) Upon completion of the feasibility study and preparation of a written report,
the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
first responder district.
(b) (i) A withdrawing municipality or first responder district that disagrees with any
aspect of a feasibility study report may, within 20 business days after receiving a copy of the
report under Subsection (11)(a), submit to the feasibility consultant a written objection
detailing the disagreement.
(ii) (A) A withdrawing municipality that submits a written objection under Subsection
(11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
(B) A first responder district that submits a written objection under Subsection
(11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
(iii) A withdrawing municipality or first responder district may, within 10 business
days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
consultant a written response to the objection.
(iv) (A) A withdrawing municipality that submits a response under Subsection
(11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
(B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
simultaneously deliver a copy of the response to the withdrawing municipality.
(v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
submitting a response to an objection:
(A) modify the feasibility study report or explain in writing why the feasibility
consultant is not modifying the feasibility study report; and
(B) deliver the modified feasibility study report or written explanation to the
withdrawing municipality and first responder local district.
(12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
for submitting an objection or, if an objection is submitted, within seven days after receiving a
modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
(a) make a copy of the report available to the public at the primary office of the
withdrawing municipality; and
(b) if the withdrawing municipality has a website, post a copy of the report on the
municipality's website.
(13) A feasibility study report or, if a feasibility study report is modified under
Subsection (11), a modified feasibility study report may not be challenged unless the basis of
the challenge is that the report results from collusion or fraud.
(14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
the withdrawing municipality's receipt of the modified feasibility study report or written
explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
held:
(i) within the following 60 days; and
(ii) for the purpose of allowing:
(A) the feasibility consultant to present the results of the feasibility study; and
(B) the public to become informed about the feasibility study results, to ask the
feasibility consultant questions about the feasibility study, and to express the public's views
about the proposed withdrawal.
(b) At a public hearing under Subsection (14)(a), the legislative body of the
withdrawing municipality shall:
(i) provide a copy of the feasibility study for public review; and
(ii) allow the public to:
(A) ask the feasibility consultant questions about the feasibility study; and
(B) express the public's views about the withdrawing municipality's proposed
withdrawal from the first responder district.
(15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
hearing under Subsection (14)[
: (i) at least once a week for three successive weeks in a
newspaper of general circulation within the withdrawing municipality, with the last publication
occurring no less than three days before the first public hearing held under Subsection (14); and
(ii)
] on the Utah Public Notice Website created in Section 
63F-1-701
, for three consecutive
weeks immediately before the public hearing.
(b) A notice under Subsection (15)(a) shall state:
(i) the date, time, and location of the public hearing; and
(ii) that a copy of the feasibility study report may be obtained, free of charge, at the
office of the withdrawing municipality or on the withdrawing municipality's website.
(16) Unless the withdrawing municipality and first responder district agree otherwise,
conditions that a feasibility study report indicates are necessary to be met for a withdrawal to
be functionally and financially feasible for the withdrawing municipality and first responder
district are binding on the withdrawing municipality and first responder district if the
withdrawal occurs.
Section 59. Section 
17B-1-609
 is amended to read:
17B-1-609.
Hearing to consider adoption -- Notice.
(1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
(a) establish the time and place of a public hearing to consider its adoption; and
(b) except as provided in Subsection (6), order that notice of the hearing:
[
(i) (A) be published at least seven days before the hearing in at least one issue of a
newspaper of general circulation in the county or counties in which the district is located; or
 (B) if no newspaper is circulated generally in the county or counties,
]
(i)
 be posted in three public places within the district; and
(ii) be published at least seven days before the hearing on the Utah Public Notice
Website created in Section 
63F-1-701
.
(2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
required in Subsection (1)(b):
(a) may be combined with the notice required under Section 
59-2-919
; and
(b) shall be published in accordance with the advertisement provisions of Section
59-2-919
.
(3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
notice required in Subsection (1)(b):
(a) may be combined with the notice required under Section 
17B-1-643
; and
(b) shall be published or mailed in accordance with the notice provisions of Section
17B-1-643
.
(4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
prima facie evidence that notice was properly given.
(5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
30 days after the day on which the hearing is held, the notice is adequate and proper.
(6) A board of trustees of a local district with an annual operating budget of less than
$250,000 may satisfy the notice requirements in Subsection (1)(b) by:
(a) mailing a written notice, postage prepaid, to each voter in the local district; and
(b) posting the notice in three public places within the district.
Section 60. Section 
17B-1-643
 is amended to read:
17B-1-643.
Imposing or increasing a fee for service provided by local district.
(1) (a) Before imposing a new fee or increasing an existing fee for a service provided
by a local district, each local district board of trustees shall first hold a public hearing at which:
(i) the local district shall demonstrate its need to impose or increase the fee; and
(ii) any interested person may speak for or against the proposal to impose a fee or to
increase an existing fee.
(b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
no earlier than 6 p.m.
(c) A public hearing required under this Subsection (1) may be combined with a public
hearing on a tentative budget required under Section 
17B-1-610
.
(d) Except to the extent that this section imposes more stringent notice requirements,
the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
in holding the public hearing under Subsection (1)(a).
(2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
provided in Subsections (2)(b) and (c) or Subsection (2)(d).
[
(b) The notice required under Subsection (2)(a) shall be published:
]
(b) The local district board shall:
(i) 
post the notice required under Subsection (2)(a)
 on the Utah Public Notice Website
established in Section 
63F-1-701
; and
[
(ii) (A) in a newspaper or combination of newspapers of general circulation in the
local district, if there is a newspaper or combination of newspapers of general circulation in the
local district; or
]
[
(B) if there is no newspaper or combination of newspapers of general circulation in
the local district, the local district board shall
]
(ii)
 post at least one [
notice
] 
of the notices required under Subsection (2)(a)
 per 1,000
population within the local district, at places within the local district that are most likely to
provide actual notice to residents within the local district.
[
(c) (i) The notice described in Subsection (2)(b)(ii)(A):
]
[
(A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
point, and surrounded by a 1/4-inch border;
]
[
(B) may not be placed in that portion of the newspaper where legal notices and
classified advertisements appear;
]
[
(C) whenever possible, shall appear in a newspaper that is published at least one day
per week;
]
[
(D) shall be in a newspaper or combination of newspapers of general interest and
readership in the local district, and not of limited subject matter; and
]
[
(E) shall be run once each week for the two weeks preceding the hearing.
]
[
(ii)
] 
(c)
 The notice described in Subsection (2)(b) shall state that the local district
board intends to impose or increase a fee for a service provided by the local district and will
hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not
less than seven days after the day the first notice is published, for the purpose of hearing
comments regarding the proposed imposition or increase of a fee and to explain the reasons for
the proposed imposition or increase.
(d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
within the district who:
(A) will be charged the fee for a district service, if the fee is being imposed for the first
time; or
(B) are being charged a fee, if the fee is proposed to be increased.
(ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c)[
(ii)
].
(iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
fee.
(e) If the hearing required under this section is combined with the public hearing
required under Section 
17B-1-610
, the notice required under this Subsection (2):
(i) may be combined with the notice required under Section 
17B-1-609
; and
(ii) shall be [
published,
] posted[
,
] or mailed in accordance with the notice provisions of
this section.
(f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
evidence that notice was properly given.
(g) If no challenge is made to the notice given of a hearing required by Subsection (1)
within 30 days after the date of the hearing, the notice is considered adequate and proper.
(3) After holding a public hearing under Subsection (1), a local district board may:
(a) impose the new fee or increase the existing fee as proposed;
(b) adjust the amount of the proposed new fee or the increase of the existing fee and
then impose the new fee or increase the existing fee as adjusted; or
(c) decline to impose the new fee or increase the existing fee.
(4) This section applies to each new fee imposed and each increase of an existing fee
that occurs on or after July 1, 1998.
(5) (a) This section does not apply to an impact fee.
(b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
Impact Fees Act.
Section 61. Section 
17B-1-1204
 is amended to read:
17B-1-1204.
Notice of the hearing on a validation petition -- Amended or
supplemented validation petition.
(1) Upon the entry of an order under Section 
17B-1-1203
 setting a hearing on a
validation petition, the local district that filed the petition shall 
post notice
:
[
(a) publish notice:
]
[
(i) at least once a week for three consecutive weeks in a newspaper of general
circulation in the county in which the principal office of the district is located; and
]
[
(ii)
] 
(a)
 on the Utah Public Notice Website created in Section 
63F-1-701
, for three
weeks immediately before the hearing; and
(b) [
post notice in its
] 
in the local district's
 principal office at least 21 days before the
date set for the hearing.
(2) Each notice under Subsection (1) shall:
(a) state the date, time, and place of the hearing on the validation petition;
(b) include a general description of the contents of the validation petition; and
(c) if applicable, state the location where a complete copy of a contract that is the
subject of the validation petition may be examined.
(3) If a district amends or supplements a validation petition under Subsection
17B-1-1202
(3) after publishing and posting notice as required under Subsection (1), the district
is not required to publish or post notice again unless required by the court.
Section 62. Section 
17B-1-1307
 is amended to read:
17B-1-1307.
Notice of public hearing and of dissolution.
(1) Before holding a public hearing required under Section 
17B-1-1306
, the
administrative body shall
:
(a) post notice of the public hearing and of the proposed dissolution
:
[
(a) (i) publish notice of the public hearing and of the proposed dissolution:
]
[
(A) in a newspaper of general circulation within the local district proposed to be
dissolved; and
]
[
(B)
] 
(i)
 on the Utah Public Notice Website created in Section 
63F-1-701
, for 30 days
before the public hearing; and
(ii) [
post notice of the public hearing and of the proposed dissolution
] in at least four
conspicuous places within the local district proposed to be dissolved, no less than five and no
more than 30 days before the public hearing; or
(b) mail a notice to each owner of property located within the local district and to each
registered voter residing within the local district.
(2) Each notice required under Subsection (1) shall:
(a) identify the local district proposed to be dissolved and the service it was created to
provide; and
(b) state the date, time, and location of the public hearing.
Section 63. Section 
17B-2a-705
 is amended to read:
17B-2a-705.
Taxation -- Additional levy -- Election.
(1) If a mosquito abatement district board of trustees determines that the funds required
during the next ensuing fiscal year will exceed the maximum amount that the district is
authorized to levy under Subsection 
17B-1-103
(2)(g), the board of trustees may call an election
on a date specified in Section 
20A-1-204
 and submit to district voters the question of whether
the district should be authorized to impose an additional tax to raise the necessary additional
funds.
(2) The board shall publish notice of the election:
[
(a) (i) in a newspaper of general circulation within the district at least once, no later
than four weeks before the day of the election;
]
[
(ii) if there is no newspaper of general circulation in the district, at least four weeks
before the day of the election,
]
(a) (i)
 by posting one notice, and at least one additional notice per 2,000 population of
the district, in places within the district that are most likely to give notice to the voters in the
district; or
[
(iii)
] 
(ii)
 at least four weeks before the day of the election, by mailing notice to each
registered voter in the district;
(b) 
by posting notice
 on the Utah Public Notice Website created in Section 
63F-1-701
,
for four weeks before the day of the election; 
and
[
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
]
[
(d)
] 
(c)
 if the district has a website, 
by posting notice
 on the district's website for four
weeks before the day of the election.
(3) No particular form of ballot is required, and no informalities in conducting the
election may invalidate the election, if it is otherwise fairly conducted.
(4) At the election each ballot shall contain the words, "Shall the district be authorized
to impose an additional tax to raise the additional sum of $____?"
(5) The board of trustees shall canvass the votes cast at the election, and, if a majority
of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
additional levy to raise the additional amount of money required.
Section 64. Section 
17B-2a-1007
 is amended to read:
17B-2a-1007.
Contract assessments.
(1) As used in this section:
(a) "Assessed land" means:
(i) for a contract assessment under a water contract with a private water user, the land
owned by the private water user that receives the beneficial use of water under the water
contract; or
(ii) for a contract assessment under a water contract with a public water user, the land
within the boundaries of the public water user that is within the boundaries of the water
conservancy district and that receives the beneficial use of water under the water contract.
(b) "Contract assessment" means an assessment levied as provided in this section by a
water conservancy district on assessed land.
(c) "Governing body" means:
(i) for a county, city, or town, the legislative body of the county, city, or town;
(ii) for a local district, the board of trustees of the local district;
(iii) for a special service district:
(A) the legislative body of the county, city, or town that established the special service
district, if no administrative control board has been appointed under Section 
17D-1-301
; or
(B) the administrative control board of the special service district, if an administrative
control board has been appointed under Section 
17D-1-301
; and
(iv) for any other political subdivision of the state, the person or body with authority to
govern the affairs of the political subdivision.
(d) "Petitioner" means a private petitioner or a public petitioner.
(e) "Private petitioner" means an owner of land within a water conservancy district
who submits a petition to a water conservancy district under Subsection (3) to enter into a
water contract with the district.
(f) "Private water user" means an owner of land within a water conservancy district
who enters into a water contract with the district.
(g) "Public petitioner" means a political subdivision of the state:
(i) whose territory is partly or entirely within the boundaries of a water conservancy
district; and
(ii) that submits a petition to a water conservancy district under Subsection (3) to enter
into a water contract with the district.
(h) "Public water user" means a political subdivision of the state:
(i) whose territory is partly or entirely within the boundaries of a water conservancy
district; and
(ii) that enters into a water contract with the district.
(i) "Water contract" means a contract between a water conservancy district and a
private water user or a public water user under which the water user purchases, leases, or
otherwise acquires the beneficial use of water from the water conservancy district for the
benefit of:
(i) land owned by the private water user; or
(ii) land within the public water user's boundaries that is also within the boundaries of
the water conservancy district.
(j) "Water user" means a private water user or a public water user.
(2) A water conservancy district may levy a contract assessment as provided in this
section.
(3) (a) The governing body of a public petitioner may authorize its chief executive
officer to submit a written petition on behalf of the public petitioner to a water conservancy
district requesting to enter into a water contract.
(b) A private petitioner may submit a written petition to a water conservancy district
requesting to enter into a water contract.
(c) Each petition under this Subsection (3) shall include:
(i) the petitioner's name;
(ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
(iii) a description of the land upon which the water will be used;
(iv) the price to be paid for the water;
(v) the amount of any service, turnout, connection, distribution system, or other charge
to be paid;
(vi) whether payment will be made in cash or annual installments;
(vii) a provision requiring the contract assessment to become a lien on the land for
which the water is petitioned and is to be allotted; and
(viii) an agreement that the petitioner is bound by the provisions of this part and the
rules and regulations of the water conservancy district board of trustees.
(4) (a) If the board of a water conservancy district desires to consider a petition
submitted by a petitioner under Subsection (3), the board shall:
(i) [
publish
] 
post
 notice of the petition and of the hearing required under Subsection
(4)(a)(ii) [
at least once a week in two successive weeks in a newspaper of general circulation
within the county in which the political subdivision or private petitioner's land, as the case may
be, is located
] 
on the Utah Public Notice Website, created in Section 
63F-1-701
, for at least
two successive weeks immediately before the date of the hearing
; and
(ii) hold a public hearing on the petition.
(b) Each notice under Subsection (4)(a)(i) shall:
(i) state that a petition has been filed and that the district is considering levying a
contract assessment; and
(ii) give the date, time, and place of the hearing required under Subsection (4)(a)(ii).
(c) (i) At each hearing required under Subsection (4)(a)(ii), the board of trustees of the
water conservancy district shall:
(A) allow any interested person to appear and explain why the petition should not be
granted; and
(B) consider each written objection to the granting of the petition that the board
receives before or at the hearing.
(ii) The board of trustees may adjourn and reconvene the hearing as the board
considers appropriate.
(d) (i) Any interested person may file with the board of the water conservancy district,
at or before the hearing under Subsection (4)(a)(ii), a written objection to the district's granting
a petition.
(ii) Each person who fails to submit a written objection within the time provided under
Subsection (4)(d)(i) is considered to have consented to the district's granting the petition and
levying a contract assessment.
(5) After holding a public hearing as required under Subsection (4)(a)(ii), the board of
trustees of a water conservancy district may:
(a) deny the petition; or
(b) grant the petition, if the board considers granting the petition to be in the best
interests of the district.
(6) The board of a water conservancy district that grants a petition under this section
may:
(a) make an allotment of water for the benefit of assessed land;
(b) authorize any necessary construction to provide for the use of water upon the terms
and conditions stated in the water contract;
(c) divide the district into units and fix a different rate for water purchased or otherwise
acquired and for other charges within each unit, if the rates and charges are equitable, although
not equal and uniform, for similar classes of services throughout the district; and
(d) levy a contract assessment on assessed land.
(7) (a) The board of trustees of each water conservancy district that levies a contract
assessment under this section shall:
(i) cause a certified copy of the resolution, ordinance, or order levying the assessment
to be recorded in the office of the recorder of each county in which assessed land is located;
and
(ii) on or before July 1 of each year after levying the contract assessment, certify to the
auditor of each county in which assessed land is located the amount of the contract assessment.
(b) Upon the recording of the resolution, ordinance, or order, in accordance with
Subsection (7)(a)(i):
(i) the contract assessment associated with allotting water to the assessed land under
the water contract becomes a political subdivision lien, as that term is defined in Section
11-60-102
, on the assessed land, in accordance with Title 11, Chapter 60, Political Subdivision
Lien Authority, as of the effective date of the resolution, ordinance, or order; and
(ii) (A) the board of trustees of the water conservancy district shall certify the amount
of the assessment to the county treasurer; and
(B) the county treasurer shall include the certified amount on the property tax notice
required by Section 
59-2-1317
 for that year.
(c) (i) Each county in which assessed land is located shall collect the contract
assessment in the same manner as taxes levied by the county.
(ii) If the amount of a contract assessment levied under this section is not paid in full in
a given year:
(A) by September 15, the governing body of the water conservancy district that levies
the contract assessment shall certify any unpaid amount to the treasurer of the county in which
the property is located; and
(B) the county treasurer shall include the certified amount on the property tax notice
required by Section 
59-2-1317
 for that year.
(8) (a) The board of trustees of each water conservancy district that levies a contract
assessment under this section shall:
(i) hold a public hearing, before August 8 of each year in which a contract assessment
is levied, to hear and consider objections filed under Subsection (8)(b); and
[
(ii) twice publish a notice, at least a week apart:
]
[
(A) in a newspaper of general circulation in each county with assessed land included
within the district boundaries or, if there is no newspaper of general circulation within the
county, in a newspaper of general circulation in an adjoining county; and
]
(ii) post a notice:
(A) on the Utah Public Notice Website, created in Section 
63F-1-701
, for at least the
two consecutive weeks before the public hearing; and
(B) that contains a general description of the assessed land, the amount of the contract
assessment, and the time and place of the public hearing under Subsection (8)(a)(i).
(b) An owner of assessed land within the water conservancy district who believes that
the contract assessment on the owner's land is excessive, erroneous, or illegal may, before the
hearing under Subsection (8)(a)(i), file with the board of trustees a verified, written objection to
the assessment, stating the grounds for the objection.
(c) (i) At each hearing under Subsection (8)(a)(i), the board of trustees shall hear and
consider the evidence and arguments supporting each objection.
(ii) After hearing and considering the evidence and arguments supporting an objection,
the board of trustees:
(A) shall enter a written order, stating its decision; and
(B) may modify the assessment.
(d) (i) An owner of assessed land may file a petition in district court seeking review of
a board of trustees' order under Subsection (8)(c)(ii)(A).
(ii) Each petition under Subsection (8)(d)(i) shall:
(A) be filed within 30 days after the board enters its written order;
(B) state specifically the part of the board's order for which review is sought; and
(C) be accompanied by a bond with good and sufficient security in an amount not
exceeding $200, as determined by the court clerk.
(iii) If more than one owner of assessed land seeks review, the court may, upon a
showing that the reviews may be consolidated without injury to anyone's interests, consolidate
the reviews and hear them together.
(iv) The court shall act as quickly as possible after a petition is filed.
(v) A court may not disturb a board of trustees' order unless the court finds that the
contract assessment on the petitioner's assessed land is manifestly disproportionate to
assessments imposed upon other land in the district.
(e) If no petition under Subsection (8)(d) is timely filed, the contract assessment is
conclusively considered to have been made in proportion to the benefits conferred on the land
in the district.
(9) Each resolution, ordinance, or order under which a water conservancy district
levied a Class B, Class C, or Class D assessment before April 30, 2007, under the law in effect
at the time of the levy is validated, ratified, and confirmed, and a water conservancy district
may continue to levy the assessment according to the terms of the resolution, ordinance, or
order.
(10) A contract assessment is not a levy of an ad valorem property tax and is not
subject to the limits stated in Section 
17B-2a-1006
.
Section 65. Section 
17B-2a-1110
 is amended to read:
17B-2a-1110.
Withdrawal from a municipal services district upon incorporation
-- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
transferred to municipal services district.
(1) (a) A municipality may withdraw from a municipal services district in accordance
with Section 
17B-1-502
 or 
17B-1-505
, as applicable, and the requirements of this section.
(b) If a municipality engages a feasibility consultant to conduct a feasibility study
under Subsection (2)(a), the 180 days described in Subsection 
17B-1-502
(3)(a)(iii)(B) is tolled
from the day that the municipality engages the feasibility consultant to the day on which the
municipality holds the final public hearing under Subsection (5).
(2) (a) If a municipality decides to withdraw from a municipal services district, the
municipal legislative body shall, before adopting a resolution under Section 
17B-1-502
 or
17B-1-505
, as applicable, engage a feasibility consultant to conduct a feasibility study.
(b) The feasibility consultant shall be chosen:
(i) by the municipal legislative body; and
(ii) in accordance with applicable municipal procurement procedures.
(3) The municipal legislative body shall require the feasibility consultant to:
(a) complete the feasibility study and submit the written results to the municipal
legislative body before the council adopts a resolution under Section 
17B-1-502
;
(b) submit with the full written results of the feasibility study a summary of the results
no longer than one page in length; and
(c) attend the public hearings under Subsection (5).
(4) (a) The feasibility study shall consider:
(i) population and population density within the withdrawing municipality;
(ii) current and five-year projections of demographics and economic base in the
withdrawing municipality, including household size and income, commercial and industrial
development, and public facilities;
(iii) projected growth in the withdrawing municipality during the next five years;
(iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
including overhead, of municipal services in the withdrawing municipality;
(v) assuming the same tax categories and tax rates as currently imposed by the
municipal services district and all other current service providers, the present and five-year
projected revenue for the withdrawing municipality;
(vi) a projection of any new taxes per household that may be levied within the
withdrawing municipality within five years of the withdrawal; and
(vii) the fiscal impact on other municipalities serviced by the municipal services
district.
(b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
level and quality of municipal services to be provided to the withdrawing municipality in the
future that fairly and reasonably approximates the level and quality of municipal services being
provided to the withdrawing municipality at the time of the feasibility study.
(ii) In determining the present cost of a municipal service, the feasibility consultant
shall consider:
(A) the amount it would cost the withdrawing municipality to provide municipal
services for the first five years after withdrawing; and
(B) the municipal services district's present and five-year projected cost of providing
municipal services.
(iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
and anticipated growth.
(5) If the results of the feasibility study meet the requirements of Subsection (4), the
municipal legislative body shall, at its next regular meeting after receipt of the results of the
feasibility study, schedule at least one public hearing to be held:
(a) within the following 60 days; and
(b) for the purpose of allowing:
(i) the feasibility consultant to present the results of the study; and
(ii) the public to become informed about the feasibility study results, including the
requirement that if the municipality withdraws from the municipal services district, the
municipality must comply with Subsection (9), and to ask questions about those results of the
feasibility consultant.
(6) At a public hearing described in Subsection (5), the municipal legislative body
shall:
(a) provide a copy of the feasibility study for public review; and
(b) allow the public to express its views about the proposed withdrawal from the
municipal services district.
(7) (a) [
(i)
] The municipal clerk or recorder shall publish notice of the public hearings
required under Subsection (5):
[
(A) at least once a week for three successive weeks in a newspaper of general
circulation within the municipality; and
]
[
(B)
] 
(i) by posting the notice
 on the Utah Public Notice Website created in Section
63F-1-701
, for three weeks[
.
]
; and
[
(ii) The municipal clerk or recorder shall publish the last publication of notice
required under Subsection (7)(a)(i)(A) at least three days before the first public hearing
required under Subsection (5).
]
[
(b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
within the proposed municipality, the municipal clerk or recorder shall post
]
(ii) by posting
 at least one notice of the hearings per 1,000 population in conspicuous
places within the municipality that are most likely to give notice of the hearings to the
residents.
[
(ii)
] 
(b)
 The municipal clerk or recorder shall post the notices under Subsection
[
(7)(b)(i)
] 
(7)(a)(ii)
 at least seven days before the first hearing under Subsection (5).
(c) The notice under [
Subsections (7)(a) and (b)
] 
Subsection (7)(a)
 shall include the
feasibility study summary and shall indicate that a full copy of the study is available for
inspection and copying at the office of the municipal clerk or recorder.
(8) At a public meeting held after the public hearing required under Subsection (5), the
municipal legislative body may adopt a resolution under Section 
17B-1-502
 or 
17B-1-505
, as
applicable, if the municipality is in compliance with the other requirements of that section.
(9) The municipality shall pay revenues in excess of 5% to the municipal services
district for 10 years beginning on the next fiscal year immediately following the municipal
legislative body adoption of a resolution or an ordinance to withdraw under Section 
17B-1-502
or 
17B-1-505
 if the results of the feasibility study show that the average annual amount of
revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
(4)(a)(iv) by more than 5%.
Section 66. Section 
17C-1-601.5
 is amended to read:
17C-1-601.5.
Annual agency budget -- Fiscal year -- Public hearing required --
Auditor forms -- Requirement to file form.
(1) Each agency shall prepare an annual budget of the agency's revenues and
expenditures for each fiscal year.
(2) The board shall adopt each agency budget:
(a) for an agency created by a municipality, before June 30; or
(b) for an agency created by a county, before December 15.
(3) The agency's fiscal year shall be the same as the fiscal year of the community that
created the agency.
(4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
annual budget.
(b) Each agency shall provide notice of the public hearing on the annual budget by:
[
(i) (A) publishing at least one notice in a newspaper of general circulation within the
agency boundaries, one week before the public hearing; or
]
[
(B) if there is no newspaper of general circulation within the agency boundaries,
]
(i)
 posting a notice of the public hearing in at least three public places within the
agency boundaries; and
(ii) publishing notice on the Utah Public Notice Website created in Section 
63F-1-701
,
at least one week before the public hearing.
(c) Each agency shall make the annual budget available for public inspection at least
three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained
in each annual budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of
agency personnel.
(6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
the annual budget with the auditor of the county in which the agency is located, the State Tax
Commission, the state auditor, the State Board of Education, and each taxing entity from which
the agency receives project area funds.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
state auditor.
Section 67. Section 
17C-1-701.5
 is amended to read:
17C-1-701.5.
Agency dissolution -- Restrictions -- Notice -- Recording
requirements -- Agency records -- Dissolution expenses.
(1) (a) Subject to Subsection (1)(b), the community legislative body may, by ordinance,
dissolve an agency.
(b) A community legislative body may adopt an ordinance described in Subsection
(1)(a) only if the agency has no outstanding bonded indebtedness, other unpaid loans,
indebtedness, or advances, and no legally binding contractual obligations with a person other
than the community.
(2) (a) The community legislative body shall:
(i) within 10 days after adopting an ordinance described in Subsection (1), file with the
lieutenant governor a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section
67-1a-6.5
, submit to the recorder of the county in which the agency is located:
(A) the original notice of an impending boundary action;
(B) the original certificate of dissolution; and
(C) a certified copy of the ordinance that dissolves the agency.
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under
Section 
67-1a-6.5
, the agency is dissolved.
(c) Within 10 days after receiving the certificate of dissolution from the lieutenant
governor under Section 
67-1a-6.5
, the community legislative body shall send a copy of the
certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of
Education, and each taxing entity.
(d) The community legislative body shall [
publish
] 
post
 a notice of dissolution [
in a
newspaper of general circulation in the county in which the dissolved agency is located
] 
on the
Utah Public Notice Website created in Section 
63F-1-701
.
(3) The books, documents, records, papers, and seal of each dissolved agency shall be
deposited for safekeeping and reference with the recorder of the community that dissolved the
agency.
(4) The agency shall pay all expenses of the dissolution.
Section 68. Section 
17C-1-806
 is amended to read:
17C-1-806.
Requirements for notice provided by agency.
(1) The notice required by Section 
17C-1-805
 shall be given by:
[
(a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
newspaper of general circulation within the county in which the project area or proposed
project area is located, at least 14 days before the hearing;
]
[
(ii) if there is no newspaper of general circulation,
]
(a) (i)
 posting notice at least 14 days before the day of the hearing in at least three
conspicuous places within the county in which the project area or proposed project area is
located; or
[
(iii)
] 
(ii)
 posting notice, excluding the map described in Subsection (3)(b), at least 14
days before the day on which the hearing is held on:
(A) the Utah Public Notice Website described in Section 
63F-1-701
; and
(B) the public website of a community located within the boundaries of the project
area; and
(b) at least 30 days before the hearing, mailing notice to:
(i) each record owner of property located within the project area or proposed project
area;
(ii) the State Tax Commission;
(iii) the assessor and auditor of the county in which the project area or proposed project
area is located; and
(iv) (A) if a project area is subject to a taxing entity committee, each member of the
taxing entity committee and the State Board of Education; or
(B) if a project area is not subject to a taxing entity committee, the legislative body or
governing board of each taxing entity within the boundaries of the project area or proposed
project area.
(2) The mailing of the notice to record property owners required under Subsection
(1)(b)(i) shall be conclusively considered to have been properly completed if:
(a) the agency mails the notice to the property owners as shown in the records,
including an electronic database, of the county recorder's office and at the addresses shown in
those records; and
(b) the county recorder's office records used by the agency in identifying owners to
whom the notice is mailed and their addresses were obtained or accessed from the county
recorder's office no earlier than 30 days before the mailing.
(3) The agency shall include in each notice required under Section 
17C-1-805
:
(a) (i) a boundary description of the project area or proposed project area; or
(ii) (A) a mailing address or telephone number where a person may request that a copy
of the boundary description be sent at no cost to the person by mail, email, or facsimile
transmission; and
(B) if the agency or community has an Internet website, an Internet address where a
person may gain access to an electronic, printable copy of the boundary description and other
related information;
(b) a map of the boundaries of the project area or proposed project area;
(c) an explanation of the purpose of the hearing; and
(d) a statement of the date, time, and location of the hearing.
(4) The agency shall include in each notice under Subsection (1)(b):
(a) a statement that property tax revenue resulting from an increase in valuation of
property within the project area or proposed project area will be paid to the agency for project
area development rather than to the taxing entity to which the tax revenue would otherwise
have been paid if:
(i) (A) the taxing entity committee consents to the project area budget; or
(B) one or more taxing entities agree to share property tax revenue under an interlocal
agreement; and
(ii) the project area plan provides for the agency to receive tax increment; and
(b) an invitation to the recipient of the notice to submit to the agency comments
concerning the subject matter of the hearing before the date of the hearing.
(5) An agency may include in a notice under Subsection (1) any other information the
agency considers necessary or advisable, including the public purpose achieved by the project
area development and any future tax benefits expected to result from the project area
development.
Section 69. Section 
17C-2-108
 is amended to read:
17C-2-108.
Notice of urban renewal project area plan adoption -- Effective date
of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of an urban renewal project
area plan, or an amendment to a project area plan under Section 
17C-2-110
, the community
legislative body shall provide notice as provided in Subsection (1)(b) by:
[
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
]
[
(B) if there is no newspaper of general circulation within the agency's boundaries,
]
(i)
 causing a notice to be posted in at least three public places within the agency's
boundaries; and
(ii) posting a notice on the Utah Public Notice Website described in Section
63F-1-701
.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan
or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public
inspection and the hours for inspection.
(2) The project area plan shall become effective on the date of:
(a) if notice was published under Subsection (1)(a), publication of the notice; or
(b) if notice was posted under Subsection (1)(a), posting of the notice.
(3) (a) For a period of 30 days after the effective date of the project area plan under
Subsection (2), any person may contest the project area plan or the procedure used to adopt the
project area plan if the plan or procedure fails to comply with applicable statutory
requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the project area plan by the community legislative body, the
agency may carry out the project area plan.
(5) Each agency shall make the project area plan available to the general public at the
agency's office during normal business hours.
Section 70. Section 
17C-3-107
 is amended to read:
17C-3-107.
Notice of economic development project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of an economic development
project area plan, or an amendment to the project area plan under Section 
17C-3-109
 that
requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by:
[
(i) publishing or causing to be published a notice:
]
[
(A) in a newspaper of general circulation within the agency's boundaries; or
]
[
(B) if there is no newspaper of general circulation within the agency's boundaries,
]
(i)
 causing a notice to be posted in at least three public places within the agency's
boundaries; and
(ii) 
posting a notice
 on the Utah Public Notice Website described in Section
63F-1-701
.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan
or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for public inspection and
the hours for inspection.
(2) The project area plan shall become effective on the date of:
(a) if notice was published under Subsection (1)(a), publication of the notice; or
(b) if notice was posted under Subsection (1)(a), posting of the notice.
(3) (a) For a period of 30 days after the effective date of the project area plan under
Subsection (2), any person may contest the project area plan or the procedure used to adopt the
project area plan if the plan or procedure fails to comply with applicable statutory
requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the economic development project area plan by the community
legislative body, the agency may implement the project area plan.
(5) Each agency shall make the economic development project area plan available to
the general public at the agency's office during normal business hours.
Section 71. Section 
17C-4-106
 is amended to read:
17C-4-106.
Notice of community development project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon the community legislative body's adoption of a community development
project area plan, the community legislative body shall provide notice as provided in
Subsection (1)(b) by:
[
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
]
[
(B) if there is no newspaper of general circulation within the agency's boundaries,
]
(i)
 causing a notice to be posted in at least three public places within the agency's
boundaries; and
(ii) [
publishing
] 
posting a notice
 or causing 
a notice
 to be [
published in accordance
with Section 
45-1-101
] 
posted on the Utah Public Notice Website created in Section
63F-1-701
.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the community
development project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public
inspection and the hours for inspection.
(2) The community development project area plan shall become effective on the date
of[
:
] 
the posting of the notice under Subsection (1)(a).
[
(a) if notice was published under Subsection (1)(a), publication of the notice; or
]
[
(b) if notice was posted under Subsection (1)(a), posting of the notice.
]
(3) (a) For a period of 30 days after the effective date of the community development
project area plan under Subsection (2), any person may contest the project area plan or the
procedure used to adopt the project area plan if the plan or procedure fails to comply with
applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
the community development project area plan or procedure used to adopt the project area plan
for any cause.
(4) Upon adoption of the community development project area plan by the community
legislative body, the agency may carry out the project area plan.
(5) Each agency shall make the adopted project area plan available to the public at the
agency's office during normal business hours.
Section 72. Section 
17C-4-202
 is amended to read:
17C-4-202.
Resolution or interlocal agreement to provide project area funds for
the community development project area plan -- Notice -- Effective date of resolution or
interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
of resolution or interlocal agreement.
(1) The approval and adoption of each resolution or interlocal agreement under
Subsection 
17C-4-201
(2) shall be in an open and public meeting.
(2) (a) Upon the adoption of a resolution or interlocal agreement under Section
17C-4-201
, the agency shall provide notice as provided in Subsection (2)(b) by:
[
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
]
[
(B) if there is no newspaper of general circulation within the agency's boundaries,
]
(i)
 causing a notice to be posted in at least three public places within the agency's
boundaries; and
(ii) [
publishing
] 
posting
 or causing to be [
published
] 
posted
 a notice on the Utah Public
Notice Website created in Section 
63F-1-701
.
(b) Each notice under Subsection (2)(a) shall:
(i) set forth a summary of the resolution or interlocal agreement; and
(ii) include a statement that the resolution or interlocal agreement is available for
public inspection and the hours of inspection.
(3) The resolution or interlocal agreement shall become effective on the date of[
:
] 
the
posting of the notice under Subsection (2)(a).
[
(a) if notice was published under Subsection (2)(a)(i)(A) or (2)(a)(ii), publication of
the notice; or
]
[
(b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.
]
(4) (a) For a period of 30 days after the effective date of the resolution or interlocal
agreement under Subsection (3), any person may contest the resolution or interlocal agreement
or the procedure used to adopt the resolution or interlocal agreement if the resolution or
interlocal agreement or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
(i) the resolution or interlocal agreement;
(ii) a distribution of tax increment to the agency under the resolution or interlocal
agreement; or
(iii) the agency's use of project area funds under the resolution or interlocal agreement.
(5) Each agency that is to receive project area funds under a resolution or interlocal
agreement under Section 
17C-4-201
 and each taxing entity that approves a resolution or enters
into an interlocal agreement under Section 
17C-4-201
 shall make the resolution or interlocal
agreement, as the case may be, available at the taxing entity's offices to the public for
inspection and copying during normal business hours.
Section 73. Section 
17C-5-110
 is amended to read:
17C-5-110.
Notice of community reinvestment project area plan adoption --
Effective date of plan -- Contesting the formation of the plan.
(1) (a) Upon a community legislative body's adoption of a community reinvestment
project area plan in accordance with Section 
17C-5-109
, or an amendment to a community
reinvestment project area plan in accordance with Section 
17C-5-112
, the community
legislative body shall provide notice of the adoption or amendment in accordance with
Subsection (1)(b) by:
[
(i) (A) causing a notice to be published in a newspaper of general circulation within
the community; or
]
[
(B) if there is no newspaper of general circulation within the community,
]
(i)
 causing a notice to be posted in at least three public places within the community;
and
(ii) posting a notice on the Utah Public Notice Website described in Section
63F-1-701
.
(b) A notice described in Subsection (1)(a) shall include:
(i) a copy of the community legislative body's ordinance, or a summary of the
ordinance, that adopts the community reinvestment project area plan; and
(ii) a statement that the community reinvestment project area plan is available for
public inspection and the hours for inspection.
(2) A community reinvestment project area plan is effective on the day on which notice
of adoption is published or posted in accordance with Subsection (1)(a).
(3) A community reinvestment project area is considered created the day on which the
community reinvestment project area plan becomes effective as described in Subsection (2).
(4) (a) Within 30 days after the day on which a community reinvestment project area
plan is effective, a person may contest the community reinvestment project area plan or the
procedure used to adopt the community reinvestment project area plan if the community
reinvestment project area plan or the procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not
contest the community reinvestment project area plan or the procedure used to adopt the
community reinvestment project area plan.
(5) Upon adoption of a community reinvestment project area plan by the community
legislative body, the agency may implement the community reinvestment project area plan.
(6) The agency shall make the community reinvestment project area plan available to
the public at the agency's office during normal business hours.
Section 74. Section 
17C-5-205
 is amended to read:
17C-5-205.
Interlocal agreement to provide project area funds for the community
reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
agreement.
(1) An agency shall:
(a) approve and adopt an interlocal agreement described in Section 
17C-5-204
 at an
open and public meeting; and
(b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
Reinvestment Project Area."
(2) (a) Upon the execution of an interlocal agreement described in Section 
17C-5-204
,
the agency shall provide notice of the execution by:
[
(i) (A) publishing or causing to be published a notice in a newspaper of general
circulation within the agency's boundaries; or
]
[
(B) if there is no newspaper of general circulation within the agency's boundaries,
]
(i)
 causing the notice to be posted in at least three public places within the agency's
boundaries; and
(ii) [
publishing
] 
posting the notice
 or causing the notice to be [
published
] 
posted
 on the
Utah Public Notice Website created in Section 
63F-1-701
.
(b) A notice described in Subsection (2)(a) shall include:
(i) a summary of the interlocal agreement; and
(ii) a statement that the interlocal agreement:
(A) is available for public inspection and the hours for inspection; and
(B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
sales and use tax revenue.
(3) An interlocal agreement described in Section 
17C-5-204
 is effective the day on
which the notice described in Subsection (2) is [
published or
] posted in accordance with
Subsection (2)(a).
(4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
person may contest the interlocal agreement or the procedure used to adopt the interlocal
agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not
contest:
(i) the interlocal agreement;
(ii) a distribution of tax increment to the agency under the interlocal agreement; or
(iii) the agency's use of project area funds under the interlocal agreement.
(5) A taxing entity that enters into an interlocal agreement under Section 
17C-5-204
shall make a copy of the interlocal agreement available to the public at the taxing entity's office
for inspection and copying during normal business hours.
Section 75. Section 
20A-1-206
 is amended to read:
20A-1-206.
Cancellation of local election -- Municipalities -- Local districts --
Notice.
(1) A municipal legislative body may cancel a local election if:
(a) (i) (A) all municipal officers are elected in an at-large election under Subsection
10-3-205.5
(1); and
(B) the number of municipal officer candidates, including any eligible write-in
candidates under Section 
20A-9-601
, for the at-large municipal offices does not exceed the
number of open at-large municipal offices for which the candidates have filed; or
(ii) (A) the municipality has adopted an ordinance under Subsection 
10-3-205.5
(2);
(B) the number of municipal officer candidates, including any eligible write-in
candidates under Section 
20A-9-601
, for the at-large municipal offices, if any, does not exceed
the number of open at-large municipal offices for which the candidates have filed; and
(C) each municipal officer candidate, including any eligible write-in candidates under
Section 
20A-9-601
, in each district is unopposed;
(b) there are no other municipal ballot propositions; and
(c) the municipal legislative body passes, no later than 20 days before the day of the
scheduled election, a resolution that cancels the election and certifies that:
(i) each municipal officer candidate is:
(A) unopposed; or
(B) a candidate for an at-large municipal office for which the number of candidates
does not exceed the number of open at-large municipal offices; and
(ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
(2) A municipal legislative body that cancels a local election in accordance with
Subsection (1) shall give notice that the election is cancelled by:
(a) subject to Subsection (5), posting notice on the Statewide Electronic Voter
Information Website as described in Section 
20A-7-801
, for 15 consecutive days before the day
of the scheduled election;
(b) if the municipality has a public website, posting notice on the municipality's public
website for 15 days before the day of the scheduled election;
(c) if the municipality publishes a newsletter or other periodical, publishing notice in
the next scheduled newsletter or other periodical published before the day of the scheduled
election;
[
(d) (i) publishing notice at least twice in a newspaper of general circulation in the
municipality before the day of the scheduled election;
]
[
(ii) if there is no newspaper of general circulation in the municipality,
]
(d) (i)
 at least 10 days before the day of the scheduled election, [
by
] posting one notice,
and at least one additional notice per 2,000 population within the municipality, in places within
the municipality that are most likely to give notice to the voters in the municipality; or
[
(iii)
] 
(ii)
 at least 10 days before the day of the scheduled election, mailing notice to
each registered voter in the municipality; and
(e) [
in accordance with Section 
45-1-101
, publishing
] 
posting
 notice 
on the Utah
Public Notice Website, created in Section 
63F-1-701
,
 for at least 10 days before the day of the
scheduled election.
(3) A local district board may cancel an election as described in Section 
17B-1-306
 if:
(a) (i) (A) any local district officers are elected in an at-large election; and
(B) the number of local district officer candidates for the at-large local district offices,
including any eligible write-in candidates under Section 
20A-9-601
, does not exceed the
number of open at-large local district offices for which the candidates have filed; or
(ii) (A) the local district has divided the local district into divisions under Section
17B-1-306.5
;
(B) the number of local district officer candidates, including any eligible write-in
candidates under Section 
20A-9-601
, for the at-large local district offices within the local
district, if any, does not exceed the number of open at-large local district offices for which the
candidates have filed; and
(C) each local district officer candidate, including any eligible write-in candidates
under Section 
20A-9-601
, in each division of the local district is unopposed;
(b) there are no other local district ballot propositions; and
(c) the local district governing body, no later than 20 days before the day of the
scheduled election, adopts a resolution that cancels the election and certifies that:
(i) each local district officer candidate is:
(A) unopposed; or
(B) a candidate for an at-large local district office for which the number of candidates
does not exceed the number of open at-large local district offices; and
(ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
(4) A local district that cancels a local election in accordance with Subsection (3) shall
publish notice that the election is cancelled:
(a) subject to Subsection (5), by posting notice on the Statewide Electronic Voter
Information Website as described in Section 
20A-7-801
, for 15 consecutive days before the day
of the scheduled election;
(b) if the local district has a public website, by posting notice on the local district's
public website for 15 days before the day of the scheduled election;
(c) if the local district publishes a newsletter or other periodical, by publishing notice
in the next scheduled newsletter or other periodical published before the day of the scheduled
election;
[
(d) (i) at least twice in a newspaper of general circulation in the local district before
the scheduled election;
]
[
(ii) if there is no newspaper of general circulation in the local district,
]
(d)
 at least 10 days before the day of the scheduled election[
,
]
:
(i)
 by posting one notice, and at least one additional notice per 2,000 population of the
local district, in places within the local district that are most likely to give notice to the voters
in the local district; or
[
(iii) at least 10 days before the day of the scheduled election,
]
(ii)
 by mailing notice to each registered voter in the local district; and
(e) [
in accordance with Section 
45-1-101
] 
by posting notice on the Utah Public Notice
Website, created in Section 
63F-1-701
, for at least 10 days before the day of the scheduled
election.
(5) A municipal legislative body that posts a notice in accordance with Subsection
(2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for
a notice that fails to post due to technical or other error by the publisher of the Statewide
Electronic Voter Information Website.
Section 76. Section 
20A-3a-604
 is amended to read:
20A-3a-604.
Notice of time and place of early voting.
(1) Except as provided in Section 
20A-1-308
 or Subsection 
20A-3a-603
(2), the
election officer shall, at least 19 days before the date of the election, publish notice of the dates,
times, and locations of early voting:
[
(a) (i) in one issue of a newspaper of general circulation in the county;
]
[
(ii) if there is no newspaper of general circulation in the county, in addition to posting
the notice described in Subsection (1)(b),
]
(a) (i)
 by posting one notice, and at least one additional notice per 2,000 population of
the county, in places within the county that are most likely to give notice to the residents in the
county; or
[
(iii)
] 
(ii)
 by mailing notice to each registered voter in the county;
(b) by posting the notice at each early voting polling place;
(c) on the Utah Public Notice Website created in Section 
63F-1-701
, for 19 days before
the day of the election; 
and
[
(d) in accordance with Section 
45-1-101
, for 19 days before the date of the election;
and
]
[
(e)
] 
(d)
 on the county's website for 19 days before the day of the election.
(2) Instead of publishing all dates, times, and locations of early voting under
Subsection (1), the election officer may publish a statement that specifies the following sources
where a voter may view or obtain a copy of all dates, times, and locations of early voting:
(a) the county's website;
(b) the physical address of the county's offices; and
(c) a mailing address and telephone number.
(3) The election officer shall include in the notice described in Subsection (1):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each early voting polling place, including any changes
to the location of an early voting polling place and the location of additional early voting
polling places; and
(b) a phone number that a voter may call to obtain information regarding the location
of an early voting polling place.
Section 77. Section 
20A-4-104
 is amended to read:
20A-4-104.
Counting ballots electronically.
(1) (a) Before beginning to count ballots using automatic tabulating equipment, the
election officer shall test the automatic tabulating equipment to ensure that it will accurately
count the votes cast for all offices and all measures.
(b) The election officer shall publish public notice of the time and place of the test:
[
(i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
general circulation in the county, municipality, or jurisdiction where the equipment is used;
]
[
(B) if there is no daily or weekly newspaper of general circulation in the county,
municipality, or jurisdiction where the equipment is used,
]
(i)
 at least 10 days before the day of the test[
,
]
:
(A)
 by posting one notice, and at least one additional notice per 2,000 population of the
county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
[
(C) at least 10 days before the day of the test,
]
(B)
 by mailing notice to each registered voter in the county, municipality, or
jurisdiction where the equipment is used;
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
, for four weeks
before the day of the test; 
and
[
(iii) in accordance with Section 
45-1-101
, for at least 10 days before the day of the
test; and
]
[
(iv)
] 
(iii)
 if the county, municipality, or jurisdiction has a website, on the website for
four weeks before the day of the test.
(c) The election officer shall conduct the test by processing a preaudited group of
ballots.
(d) The election officer shall ensure that:
(i) a predetermined number of valid votes for each candidate and measure are recorded
on the ballots;
(ii) for each office, one or more ballots have votes in excess of the number allowed by
law in order to test the ability of the automatic tabulating equipment to reject those votes; and
(iii) a different number of valid votes are assigned to each candidate for an office, and
for and against each measure.
(e) If any error is detected, the election officer shall determine the cause of the error
and correct it.
(f) The election officer shall ensure that:
(i) the automatic tabulating equipment produces an errorless count before beginning
the actual counting; and
(ii) the automatic tabulating equipment passes the same test at the end of the count
before the election returns are approved as official.
(2) (a) The election officer or the election officer's designee shall supervise and direct
all proceedings at the counting center.
(b) (i) Proceedings at the counting center are public and may be observed by interested
persons.
(ii) Only those persons authorized to participate in the count may touch any ballot or
return.
(c) The election officer shall deputize and administer an oath or affirmation to all
persons who are engaged in processing and counting the ballots that they will faithfully
perform their assigned duties.
(3) If any ballot is damaged or defective so that it cannot properly be counted by the
automatic tabulating equipment, the election officer shall ensure that two counting judges
jointly :
(a) make a true replication of the ballot with an identifying serial number;
(b) substitute the replicated ballot for the damaged or defective ballot;
(c) label the replicated ballot "replicated"; and
(d) record the replicated ballot's serial number on the damaged or defective ballot.
(4) The election officer may:
(a) conduct an unofficial count before conducting the official count in order to provide
early unofficial returns to the public;
(b) release unofficial returns from time to time after the polls close; and
(c) report the progress of the count for each candidate during the actual counting of
ballots.
(5) The election officer shall review and evaluate the provisional ballot envelopes and
prepare any valid provisional ballots for counting as provided in Section 
20A-4-107
.
(6) (a) The election officer or the election officer's designee shall:
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
(ii) complete the standard form provided by the clerk for recording valid write-in votes.
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
more votes for an office than that voter is entitled to vote for that office, the poll workers shall
count the valid write-in vote as being the obvious intent of the voter.
(7) (a) The election officer shall certify the return printed by the automatic tabulating
equipment, to which have been added write-in and absentee votes, as the official return of each
voting precinct.
(b) Upon completion of the count, the election officer shall make official returns open
to the public.
(8) If for any reason it becomes impracticable to count all or a part of the ballots with
tabulating equipment, the election officer may direct that they be counted manually according
to the procedures and requirements of this part.
(9) After the count is completed, the election officer shall seal and retain the programs,
test materials, and ballots as provided in Section 
20A-4-202
.
Section 78. Section 
20A-4-304
 is amended to read:
20A-4-304.
Declaration of results -- Canvassers' report.
(1) Each board of canvassers shall:
(a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
declare "elected" or "nominated" those persons who:
(i) had the highest number of votes; and
(ii) sought election or nomination to an office completely within the board's
jurisdiction;
(b) declare:
(i) "approved" those ballot propositions that:
(A) had more "yes" votes than "no" votes; and
(B) were submitted only to the voters within the board's jurisdiction;
(ii) "rejected" those ballot propositions that:
(A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
votes; and
(B) were submitted only to the voters within the board's jurisdiction;
(c) certify the vote totals for persons and for and against ballot propositions that were
submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
the lieutenant governor; and
(d) if applicable, certify the results of each local district election to the local district
clerk.
(2) As soon as the result is declared, the election officer shall prepare a report of the
result, which shall contain:
(a) the total number of votes cast in the board's jurisdiction;
(b) the names of each candidate whose name appeared on the ballot;
(c) the title of each ballot proposition that appeared on the ballot;
(d) each office that appeared on the ballot;
(e) from each voting precinct:
(i) the number of votes for each candidate;
(ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
potential ballot-counting phase and the name of the candidate excluded in each canvassing
phase; and
(iii) the number of votes for and against each ballot proposition;
(f) the total number of votes given in the board's jurisdiction to each candidate, and for
and against each ballot proposition;
(g) the number of ballots that were rejected; and
(h) a statement certifying that the information contained in the report is accurate.
(3) The election officer and the board of canvassers shall:
(a) review the report to ensure that it is correct; and
(b) sign the report.
(4) The election officer shall:
(a) record or file the certified report in a book kept for that purpose;
(b) prepare and transmit a certificate of nomination or election under the officer's seal
to each nominated or elected candidate;
(c) publish a copy of the certified report in accordance with Subsection (5); and
(d) file a copy of the certified report with the lieutenant governor.
(5) Except as provided in Subsection (6), the election officer shall, no later than seven
days after the day on which the board of canvassers declares the election results, publish the
certified report described in Subsection (2):
[
(a) (i) at least once in a newspaper of general circulation within the jurisdiction;
]
[
(ii) if there is no newspaper of general circulation within the jurisdiction,
]
(a) (i)
 by posting one notice, and at least one additional notice per 2,000 population of
the jurisdiction, in places within the jurisdiction that are most likely to give notice to the
residents of the jurisdiction; or
[
(iii)
] 
(ii)
 by mailing notice to each residence within the jurisdiction;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for one week; 
and
[
(c) in accordance with Section 
45-1-101
, for one week; and
]
[
(d)
] 
(c)
 if the jurisdiction has a website, on the jurisdiction's website for one week.
(6) Instead of publishing the entire certified report under Subsection (5), the election
officer may publish a statement that:
(a) includes the following: "The Board of Canvassers for [indicate name of
jurisdiction] has prepared a report of the election results for the [indicate type and date of
election]."; and
(b) specifies the following sources where an individual may view or obtain a copy of
the entire certified report:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address for the jurisdiction; and
(iii) a mailing address and telephone number.
(7) When there has been a regular general or a statewide special election for statewide
officers, for officers that appear on the ballot in more than one county, or for a statewide or two
or more county ballot proposition, each board of canvassers shall:
(a) prepare a separate report detailing the number of votes for each candidate and the
number of votes for and against each ballot proposition; and
(b) transmit the separate report by registered mail to the lieutenant governor.
(8) In each county election, municipal election, school election, local district election,
and local special election, the election officer shall transmit the reports to the lieutenant
governor within 14 days after the date of the election.
(9) In a regular primary election and in a presidential primary election, the board shall
transmit to the lieutenant governor:
(a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
governor not later than the second Tuesday after the election; and
(b) a complete tabulation showing voting totals for all primary races, precinct by
precinct, to be mailed to the lieutenant governor on or before the third Friday following the
primary election.
Section 79. Section 
20A-5-101
 is amended to read:
20A-5-101.
Notice of election.
(1) On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a) designates the offices to be filled at the next year's regular general election;
(b) identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures, as applicable, under Sections 
20A-9-403
, 
20A-9-407
,
and 
20A-9-408
 for those offices; and
(c) contains a description of any ballot propositions to be decided by the voters that
have qualified for the ballot as of that date.
(2) No later than seven business days after the day on which the lieutenant governor
transmits the written notice described in Subsection (1), each county clerk shall publish notice,
in accordance with Subsection (3):
(a) (i) in a conspicuous place most likely to give notice of the election to the voters in
each voting precinct within the county; and
(ii) prepare an affidavit of the posting, showing a copy of the notice and the places
where the notice was posted;
[
(b) (i) in a newspaper of general circulation in the county;
]
[
(ii) if there is no newspaper of general circulation within the county, in addition to the
notice described in Subsection (2)(a),
]
(b) (i)
 by posting one notice, and at least one additional notice per 2,000 population of
the county, in places within the county that are most likely to give notice of the election to the
voters in the county; or
[
(iii)
] 
(ii)
 by mailing notice to each registered voter in the county;
(c) on the Utah Public Notice Website created in Section 
63F-1-701
, for seven days
before the day of the election; 
and
[
(d) in accordance with Section 
45-1-101
, for seven days before the day of the election;
and
]
[
(e)
] 
(d)
 on the county's website for seven days before the day of the election.
(3) The notice described in Subsection (2) shall:
(a) designate the offices to be voted on in that election; and
(b) identify the dates for filing a declaration of candidacy for those offices.
(4) Except as provided in Subsection (6), before each election, the election officer shall
give printed notice of the following information:
(a) the date of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct, early voting polling place, and election
day voting center;
(d) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website any changes to the location of a polling place and the location of any
additional polling place;
(e) a phone number that a voter may call to obtain information regarding the location of
a polling place; and
(f) the qualifications for persons to vote in the election.
(5) To provide the printed notice described in Subsection (4), the election officer shall
publish the notice:
[
(a) (i) in a newspaper of general circulation in the jurisdiction to which the election
pertains at least two days before the day of the election;
]
[
(ii) if there is no newspaper of general circulation in the jurisdiction to which the
election pertains,
]
(a) (i)
 at least two days before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the jurisdiction, in places within the
jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
[
(iii)
] 
(ii)
 by mailing the notice to each registered voter who resides in the jurisdiction
to which the election pertains at least five days before the day of the election;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for two days
before the day of the election; 
and
[
(c) in accordance with Section 
45-1-101
, for two days before the day of the election;
and
]
[
(d)
] 
(c)
 if the jurisdiction has a website, on the jurisdiction's website for two days
before the day of the election.
(6) Instead of including the information described in Subsection (4) in the notice, the
election officer may give printed notice that:
(a) is entitled "Notice of Election";
(b) includes the following: "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election, including
polling places, polling place hours, and qualifications of voters may be obtained from the
following sources:"; and
(c) specifies the following sources where an individual may view or obtain the
information described in Subsection (4):
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction offices; and
(iii) a mailing address and telephone number.
Section 80. Section 
20A-5-403.5
 is amended to read:
20A-5-403.5.
Ballot drop boxes.
(1) An election officer:
(a) may designate ballot drop boxes for the election officer's jurisdiction; and
(b) shall clearly mark each ballot drop box as an official ballot drop box for the
election officer's jurisdiction.
(2) Except as provided in Section 
20A-1-308
 or Subsection (5), the election officer
shall, at least 19 days before the date of the election, publish notice of the location of each
ballot drop box designated under Subsection (1):
[
(a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
election;
]
[
(ii) if there is no newspaper of general circulation in the jurisdiction holding the
election,
]
(a) (i)
 by posting one notice, and at least one additional notice per 2,000 population of
the jurisdiction holding the election, in places within the jurisdiction that are most likely to give
notice to the residents in the jurisdiction; or
[
(iii)
] 
(ii)
 by mailing notice to each registered voter in the jurisdiction holding the
election;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for 19 days before
the day of the election; 
and
[
(c) in accordance with Section 
45-1-101
, for 19 days before the date of the election;
and
]
[
(d)
] 
(c)
 on the jurisdiction's website for 19 days before the day of the election.
(3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
election officer may publish a statement that specifies the following sources where a voter may
view or obtain a copy of all ballot drop box locations:
(a) the jurisdiction's website;
(b) the physical address of the jurisdiction's offices; and
(c) a mailing address and telephone number.
(4) The election officer shall include in the notice described in Subsection (2):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each ballot drop box, including any changes to the
location of a ballot drop box and the location of additional ballot drop boxes; and
(b) a phone number that a voter may call to obtain information regarding the location
of a ballot drop box.
(5) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadline described in Subsection (2):
(i) if necessary, change the location of a ballot drop box; or
(ii) if the election officer determines that the number of ballot drop boxes is
insufficient due to the number of registered voters who are voting, designate additional ballot
drop boxes.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a ballot box or designates an additional ballot drop box location, the election officer
shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
the additional ballot drop box location:
(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) for a change in the location of a ballot drop box, at the new location and, if
possible, the old location; and
(B) for an additional ballot drop box location, at the additional ballot drop box
location.
(6) An election officer may, at any time, authorize two or more poll workers to remove
a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
Section 81. Section 
20A-5-405
 is amended to read:
20A-5-405.
Election officer to provide ballots.
(1) An election officer shall:
(a) provide ballots for every election of public officers in which the voters, or any of
the voters, within the election officer's jurisdiction participate;
(b) cause the name of every candidate whose nomination has been certified to or filed
with the election officer in the manner provided by law to be included on each ballot;
(c) cause any ballot proposition that has qualified for the ballot as provided by law to
be included on each ballot;
(d) ensure that the ballots are prepared and in the possession of the election officer
before commencement of voting;
(e) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official ballot to inspect the ballots;
(f) cause sample ballots to be printed that are in the same form as official ballots and
that contain the same information as official ballots but that are printed on different colored
paper than official ballots or are identified by a watermark;
(g) ensure that the sample ballots are printed and in the possession of the election
officer at least seven days before commencement of voting;
(h) make the sample ballots available for public inspection by:
(i) posting a copy of the sample ballot in the election officer's office at least seven days
before commencement of voting;
(ii) mailing a copy of the sample ballot to:
(A) each candidate listed on the ballot; and
(B) the lieutenant governor;
(iii) publishing a copy of the sample ballot:
[
(A) except as provided in Subsection (2), at least seven days before the day of the
election in a newspaper of general circulation in the jurisdiction holding the election;
]
[
(B) if there is no newspaper of general circulation in the jurisdiction holding the
election,
]
(A)
 at least seven days before the day of the election, by posting one copy of the
sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
the jurisdiction; or
[
(C)
] 
(B)
 at least 10 days before the day of the election, by mailing a copy of the
sample ballot to each registered voter who resides in the jurisdiction holding the election;
(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
in Section 
63F-1-701
, for seven days before the day of the election; 
and
[
(v) in accordance with Section 
45-1-101
, publishing a copy of the sample ballot for at
least seven days before the day of the election; and
]
[
(vi)
] 
(v)
 if the jurisdiction has a website, publishing a copy of the sample ballot for at
least seven days before the day of the election;
(i) deliver at least five copies of the sample ballot to poll workers for each polling
place and direct them to post the sample ballots as required by Section 
20A-5-102
; and
(j) print and deliver, at the expense of the jurisdiction conducting the election, enough
ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
each voting precinct.
(2) Instead of publishing the entire sample ballot under Subsection (1)(h)(iii)(A), the
election officer may publish a statement that:
(a) is entitled, "sample ballot";
(b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
upcoming [indicate type and date of election] may be obtained from the following sources:";
and
(c) specifies the following sources where an individual may view or obtain a copy of
the sample ballot:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction's offices; and
(iii) a mailing address and telephone number.
(3) (a) Each election officer shall, without delay, correct any error discovered in any
ballot, if the correction can be made without interfering with the timely distribution of the
ballots.
(b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
not possible to correct the error or omission, the election officer shall direct the poll workers to
make the necessary corrections on the manual ballots before the ballots are distributed.
(ii) If the election officer discovers an error or omission in an electronic ballot and it is
not possible to correct the error or omission by revising the electronic ballot, the election
officer shall direct the poll workers to post notice of each error or omission with instructions on
how to correct each error or omission in a prominent position at each polling booth.
(c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
candidate or a candidate's agent may file a verified petition with the district court asserting that:
(A) an error or omission has occurred in:
(I) the publication of the name or description of a candidate;
(II) the preparation or display of an electronic ballot; or
(III) in the printing of sample or official manual ballots; and
(B) the election officer has failed to correct or provide for the correction of the error or
omission.
(ii) The district court shall issue an order requiring correction of any error in a ballot or
an order to show cause why the error should not be corrected if it appears to the court that the
error or omission has occurred and the election officer has failed to correct or provide for the
correction of the error or [
ommission
] 
omission
.
(iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
Supreme Court within five days after the day on which the district court enters the decision.
Section 82. Section 
20A-9-203
 is amended to read:
20A-9-203.
Declarations of candidacy -- Municipal general elections.
(1) An individual may become a candidate for any municipal office if:
(a) the individual is a registered voter; and
(b) (i) the individual has resided within the municipality in which the individual seeks
to hold elective office for the 12 consecutive months immediately before the date of the
election; or
(ii) the territory in which the individual resides was annexed into the municipality, the
individual has resided within the annexed territory or the municipality the 12 consecutive
months immediately before the date of the election.
(2) (a) For purposes of determining whether an individual meets the residency
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
before the election, the municipality is considered to have been incorporated 12 months before
the date of the election.
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
council position shall, if elected from a district, be a resident of the council district from which
the candidate is elected.
(c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
individual, an individual convicted of a felony, or an individual convicted of treason or a crime
against the elective franchise may not hold office in this state until the right to hold elective
office is restored under Section 
20A-2-101.3
 or 
20A-2-101.5
.
(3) (a) An individual seeking to become a candidate for a municipal office shall,
regardless of the nomination method by which the individual is seeking to become a candidate:
(i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
Alternate Voting Methods Pilot Project, and subject to Subsection 
20A-9-404
(3)(e), file a
declaration of candidacy, in person with the city recorder or town clerk, during the office hours
described in Section 
10-3-301
 and not later than the close of those office hours, between June 1
and June 7 of any odd-numbered year; and
(ii) pay the filing fee, if one is required by municipal ordinance.
(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
declaration of candidacy with the city recorder or town clerk if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the city recorder or town clerk;
(iii) the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and city recorder or town clerk to see and hear each
other; and
(iv) the individual provides the city recorder or town clerk with an email address to
which the city recorder or town clerk may send the individual the copies described in
Subsection (4).
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
(i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
the office hours described in Section 
10-3-301
 and not later than the close of those office
hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
of the nomination petition of the lesser of at least:
(A) 25 registered voters who reside in the municipality; or
(B) 20% of the registered voters who reside in the municipality; and
(ii) paying the filing fee, if one is required by municipal ordinance.
(4) (a) Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i) read to the prospective candidate or individual filing the petition the constitutional
and statutory qualification requirements for the office that the candidate is seeking;
(ii) require the candidate or individual filing the petition to state whether the candidate
meets the requirements described in Subsection (4)(a)(i); and
(iii) inform the candidate or the individual filing the petition that an individual who
holds a municipal elected office may not, at the same time, hold a county elected office.
(b) If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall:
(i) inform the candidate that the candidate's name will appear on the ballot as it is
written on the declaration of candidacy;
(ii) provide the candidate with a copy of the current campaign financial disclosure laws
for the office the candidate is seeking and inform the candidate that failure to comply will
result in disqualification as a candidate and removal of the candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer; and
(v) accept the declaration of candidacy or nomination petition.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
(5) (a) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
the legal qualifications required of candidates for this office. If filing via a designated agent, I
attest that I will be out of the state of Utah during the entire candidate filing period. I will file
all campaign financial disclosure reports as required by law and I understand that failure to do
so will result in my disqualification as a candidate for this office and removal of my name from
the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
_______________
Subscribed and sworn to (or affirmed) before me by ____ on this
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)
.
"[
.
]
(b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
not sign the form described in Subsection (5)(a).
(c) (i) A nomination petition shall be in substantially the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality), being registered voters, nominate
(name of nominee) for the office of (name of office) for the (length of term of office)."
(ii) The remainder of the petition shall contain lines and columns for the signatures of
individuals signing the petition and each individual's address and phone number.
(6) If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
for the four-year term.
(7) (a) The clerk shall verify with the county clerk that all candidates are registered
voters.
(b) Any candidate who is not registered to vote is disqualified and the clerk may not
print the candidate's name on the ballot.
(8) Immediately after expiration of the period for filing a declaration of candidacy, the
clerk shall:
(a) publish a list of the names of the candidates as they will appear on the ballot:
[
(i) (A) in at least two successive publications of a newspaper of general circulation in
the municipality;
]
[
(B) if there is no newspaper of general circulation in the municipality,
]
(i) (A)
 by posting one copy of the list, and at least one additional copy of the list per
2,000 population of the municipality, in places within the municipality that are most likely to
give notice to the voters in the municipality; or
[
(C)
] 
(B)
 by mailing notice to each registered voter in the municipality;
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
, for seven days;
and
[
(iii) in accordance with Section 
45-1-101
, for seven days; and
]
[
(iv)
] 
(iii)
 if the municipality has a website, on the municipality's website for seven
days; and
(b) notify the lieutenant governor of the names of the candidates as they will appear on
the ballot.
(9) Except as provided in Subsection (10)(c), an individual may not amend a
declaration of candidacy or nomination petition filed under this section after the candidate
filing period ends.
(10) (a) A declaration of candidacy or nomination petition that an individual files under
this section is valid unless a person files a written objection with the clerk before 5 p.m. within
five days after the last day for filing.
(b) If a person files an objection, the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after the objection is filed.
(c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
days after the day on which the clerk sustains the objection, correct the problem for which the
objection is sustained by amending the candidate's declaration of candidacy or nomination
petition, or by filing a new declaration of candidacy.
(d) (i) The clerk's decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of its discretion, agrees to review the lower court decision.
(11) A candidate who qualifies for the ballot under this section may withdraw as a
candidate by filing a written affidavit with the municipal clerk.
Section 83. Section 
26-8a-405.3
 is amended to read:
26-8a-405.3.
Use of competitive sealed proposals -- Procedure -- Appeal rights.
(1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
Section 
26-8a-405.2
, or for non-911 services under Section 
26-8a-405.4
, shall be solicited
through a request for proposal and the provisions of this section.
(b) The governing body of the political subdivision shall approve the request for
proposal prior to the notice of the request for proposals under Subsection (1)(c).
(c) [
(i)
] Notice of the request for proposals shall be published:
[
(A) at least once a week for three consecutive weeks in a newspaper of general
circulation published in the county; or
]
[
(B) if there is no such newspaper, then notice shall be posted
]
(i) by posting the notice
 for at least 20 days in at least five public places in the county;
and
[
(ii) in accordance with Section 
45-1-101
 for at least 20 days.
]
(ii) by posting the notice on the Utah Public Notice Website, created in Section
63F-1-701
, for at least 20 days.
(2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
offerors during the process of negotiations.
(b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
political subdivision shall hold a presubmission conference with interested applicants for the
purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
(ii) A political subdivision shall allow at least 90 days from the presubmission
conference for the proposers to submit proposals.
(c) Subsequent to the presubmission conference, the political subdivision may issue
addenda to the request for proposals. An addenda to a request for proposal shall be finalized
and posted by the political subdivision at least 45 days before the day on which the proposal
must be submitted.
(d) Offerors to the request for proposals shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revisions of proposals, and revisions may be
permitted after submission and before a contract is awarded for the purpose of obtaining best
and final offers.
(e) In conducting discussions, there shall be no disclosures of any information derived
from proposals submitted by competing offerors.
(3) (a) (i) A political subdivision may select an applicant approved by the department
under Section 
26-8a-404
 to provide 911 ambulance or paramedic services by contract to the
most responsible offeror as defined in Section 
63G-6a-103
.
(ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
proposal is determined in writing to be the most advantageous to the political subdivision,
taking into consideration price and the evaluation factors set forth in the request for proposal.
(b) The applicants who are approved under Section 
26-8a-405
 and who are selected
under this section may be the political subdivision issuing the request for competitive sealed
proposals, or any other public entity or entities, any private person or entity, or any
combination thereof.
(c) A political subdivision may reject all of the competitive proposals.
(4) In seeking competitive sealed proposals and awarding contracts under this section,
a political subdivision:
(a) shall apply the public convenience and necessity factors listed in Subsections
26-8a-408
(2) through (6);
(b) shall require the applicant responding to the proposal to disclose how the applicant
will meet performance standards in the request for proposal;
(c) may not require or restrict an applicant to a certain method of meeting the
performance standards, including:
(i) requiring ambulance medical personnel to also be a firefighter; or
(ii) mandating that offerors use fire stations or dispatch services of the political
subdivision;
(d) shall require an applicant to submit the proposal:
(i) based on full cost accounting in accordance with generally accepted accounting
principals; and
(ii) if the applicant is a governmental entity, in addition to the requirements of
Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
in compliance with the State of Utah Legal Compliance Audit Guide; and
(e) shall set forth in the request for proposal:
(i) the method for determining full cost accounting in accordance with generally
accepted accounting principles, and require an applicant to submit the proposal based on such
full cost accounting principles;
(ii) guidelines established to further competition and provider accountability; and
(iii) a list of the factors that will be considered by the political subdivision in the award
of the contract, including by percentage, the relative weight of the factors established under this
Subsection (4)(e), which may include such things as:
(A) response times;
(B) staging locations;
(C) experience;
(D) quality of care; and
(E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
(5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
to the procurement process required by this section, except as provided in Subsection (5)(c).
(b) A procurement appeals panel described in Section 
63G-6a-1702
 shall have
jurisdiction to review and determine an appeal of an offeror under this section.
(c) (i) An offeror may appeal the solicitation or award as provided by the political
subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
may appeal under the provisions of Subsections (5)(a) and (b).
(ii) A procurement appeals panel described in Section 
63G-6a-1702
 shall determine
whether the solicitation or award was made in accordance with the procedures set forth in this
section and Section 
26-8a-405.2
.
(d) The determination of an issue of fact by the appeals board shall be final and
conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
63G-6a-1705
.
Section 84. Section 
38-8-3
 is amended to read:
38-8-3.
Enforcement of lien -- Notice requirements -- Sale procedure and effect.
(1) An owner may enforce a lien described in Section 
38-8-2
 against an occupant if:
(a) the occupant is in default for a continuous 30-day period; and
(b) the owner provides written notice of the owner's intent to enforce the lien, in
accordance with the requirements of this section, to:
(i) the occupant;
(ii) each lienholder disclosed by the occupant under Subsection 
38-8-2
(3)(b);
(iii) each person that has filed a valid financing statement with the Division of
Corporations and Commercial Code; and
(iv) each person identified as a lienholder in the records of the Motor Vehicle Division.
(2) An owner shall provide the written notice described in Subsection (1)(b):
(a) in person;
(b) by certified mail, to the person's last known address; or
(c) subject to Subsection (3), by email, to the person's last know email address.
(3) If an owner sends a notice described in Subsection (2) by email and does not
receive a response, return receipt, or delivery confirmation from the email address to which the
notice was sent within three business days after the day on which the notice was sent, the
owner shall deliver the notice in person or by certified mail to the person's last known address.
(4) A written notice described in Subsection (1)(b) shall include:
(a) an itemized statement of the owner's claim showing the sum due at the time of the
notice and the date when the sum became due;
(b) a brief description of the personal property subject to the lien that permits the
person to identify the property, unless the property is locked, fastened, sealed, tied, or
otherwise stored in a manner that prevents immediate identification of the property;
(c) if permitted by the terms of the rental agreement, a notice that the occupant may not
access the occupant's personal property until the occupant complies with the requirements
described in Subsection (9);
(d) the name, street address, and telephone number of the owner or the individual the
occupant may contact to respond to the notification;
(e) a demand for payment within a specified time not less than 15 days after the day on
which the notice is delivered; and
(f) a conspicuous statement that, unless the claim is paid within the time stated in the
notice, the personal property will be advertised for sale and will be sold at a specified time and
place.
(5) A notice under this section shall be presumed delivered when it is deposited with
the United States Postal Service and properly addressed with postage prepaid.
(6) (a) 
(i)
 After the expiration of the time given in the notice, the owner shall publish
an advertisement of the sale of the personal property subject to the lien once in a newspaper of
general circulation in the county where the self-service storage facility is located.
[
(b)
] 
(ii)
 An advertisement described in Subsection (6)(a)
(i)
 shall include:
[
(i)
] 
(A)
 the address of the self-service storage facility and the number, if any, of the
space where the personal property is located;
[
(ii)
] 
(B)
 the name of the occupant; and
[
(iii)
] 
(C)
 the time, place, and manner of the sale, which shall take place not sooner
than 15 days after the day on which the sale is advertised under Subsection (6)(a)
(i)
.
(b) Subsection (6)(a) does not apply if:
(i) the owner:
(A) provided the notice described in Subsection (1)(b) by email; and
(B) received a response or return receipt from the email address to which the notice
was sent; or
(ii) the owner:
(A) provided the notice described in Subsection (1)(b) by certified mail; and
(B) has evidence of providing the notice by certified mail.
(7) A sale of the personal property shall conform to the terms of the notice provided for
in this section.
(8) A sale of the personal property shall be held at the self-service storage facility, at
the nearest suitable place to where the personal property is held or stored, or online.
(9) Before a sale of personal property under this section, the occupant may pay the
amount necessary to satisfy the lien and the reasonable expenses incurred under this section
and thereby redeem the personal property; upon receipt of this payment, the owner shall return
the personal property, and thereafter the owner shall have no liability to any person with respect
to that personal property.
(10) A purchaser in good faith of the personal property sold to satisfy a lien as
provided for in this chapter takes the property free of any rights of persons against whom the
lien was valid and free of any rights of a secured creditor, despite noncompliance by the owner
with the requirements of this section.
(11) In the event of a sale under this section, the owner may satisfy the lien for the
proceeds of the sale, subject to the rights of any prior lienholder; the lien rights of the prior
lienholder are automatically transferred to the proceeds of the sale; if the sale is made in good
faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge
for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for
delivery to the occupant, lienholder, or other person in interest; if the occupant, lienholder, or
other person in interest does not claim the balance of the proceeds within one year of the date
of sale, it shall become the property of the Utah state treasurer as unclaimed property with no
further claim against the owner.
(12) If the requirements of this chapter are not satisfied, if the sale of the personal
property is not in conformity with the notice of sale, or if there is a willful violation of this
chapter, nothing in this section affects the rights and liabilities of the owner, occupant, or any
other person.
Section 85. Section 
54-8-10
 is amended to read:
54-8-10.
Public hearing -- Notice -- Publication.
(1) Such notice shall be:
[
(a) (i) published:
]
[
(A) in full one time in a newspaper of general circulation in the district; or (B) if there
be no such newspaper, in a newspaper of general circulation in the county, city, or town in
which the district is located; and
]
[
(ii)
] 
(a)
 published on the Utah Public Notice Website created in Section 
63F-1-701
;
and
(b) posted in not less than three public places in the district.
(2) A copy of the notice shall be mailed by certified mail to the last known address of
each owner of land within the proposed district whose property will be assessed for the cost of
the improvement.
(3) The address to be used for that purpose shall be that last appearing on the real
property assessment rolls of the county in which the property is located.
(4) In addition, a copy of the notice shall be addressed to "Owner" and shall be so
mailed addressed to the street number of each piece of improved property to be affected by the
assessment.
(5) Mailed notices and the published notice shall state where a copy of the resolution
creating the district will be available for inspection by any interested parties.
Section 86. Section 
54-8-16
 is amended to read:
54-8-16.
Notice of assessment -- Publication.
(1) After the preparation of a resolution under Section 
54-8-14
, notice of a public
hearing on the proposed assessments shall be given.
(2) The notice described in Subsection (1) shall be:
[
(a) published:
]
[
(i) one time in a newspaper in which the first notice of hearing was published at least
days before the date fixed for the hearing; and
]
[
(ii)
] 
(a) published
 on the Utah Public Notice Website created in Section 
63F-1-701
,
for at least 20 days before the date fixed for the hearing; and
(b) mailed by certified mail not less than 15 days prior to the date fixed for such
hearing to each owner of real property whose property will be assessed for part of the cost of
the improvement at the last known address of such owner using for such purpose the names
and addresses appearing on the last completed real property assessment rolls of the county
wherein said affected property is located.
(3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
mailed addressed to the street number of each piece of improved property to be affected by
such assessment.
(4) Each notice shall state that at the specified time and place, the governing body will
hold a public hearing upon the proposed assessments and shall state that any owner of any
property to be assessed pursuant to the resolution will be heard on the question of whether his
property will be benefited by the proposed improvement to the amount of the proposed
assessment against his property and whether the amount assessed against his property
constitutes more than his proper proportional share of the total cost of the improvement.
(5) The notice shall further state where a copy of the resolution proposed to be adopted
levying the assessments against all real property in the district will be on file for public
inspection, and that subject to such changes and corrections therein as may be made by the
governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
(6) A published notice shall describe the boundaries or area of the district with
sufficient particularity to permit each owner of real property therein to ascertain that his
property lies in the district.
(7) The mailed notice may refer to the district by name and date of creation and shall
state the amount of the assessment proposed to be levied against the real property of the person
to whom the notice is mailed.
Section 87. Section 
54-8-23
 is amended to read:
54-8-23.
Objection to amount of assessment -- Civil action -- Litigation to
question or attack proceedings or legality of bonds.
(1) No special assessment levied under this chapter shall be declared void, nor shall
any such assessment or part thereof be set aside in consequence of any error or irregularity
permitted or appearing in any of the proceedings under this chapter, but any party feeling
aggrieved by any such special assessment or proceeding may bring a civil action to cause such
grievance to be adjudicated if such action is commenced prior to the expiration of the period
specified in this section.
(2) The burden of proof to show that such special assessment or part thereof is invalid,
inequitable or unjust shall rest upon the party who brings such suit.
(3) Any such litigation shall not be regarded as an appeal within the meaning of the
prohibition contained in Section 
54-8-18
.
(4) Every person whose property is subject to such special assessment and who fails to
appear during the public hearings on said assessments to raise his objection to such tax shall be
deemed to have waived all objections to such levy except the objection that the governing body
lacks jurisdiction to levy such tax.
(5) For a period of 20 days after the governing body has adopted the enactment
authorizing the assessment, any taxpayer in the district shall have the right to institute litigation
for the purpose of questioning or attacking the proceedings pursuant to which the assessments
have been authorized subject to the provisions of the preceding paragraph.
(6) Whenever any enactment authorizing the issuance of any bonds pursuant to the
improvement contemplated shall have been adopted such resolution shall be [
published:
]
posted on the Utah Public Notice Website created in Section 
63F-1-701
.
[
(a) once in a newspaper in which the original notice of hearing was published; and
]
[
(b) as required in Section 
45-1-101
.
]
(7) For a period of 20 days thereafter, any person whose property shall have been
assessed and any taxpayer in the district shall have the right to institute litigation for the
purpose of questioning or attacking the legality of such bonds.
(8) After the expiration of such 20-day period, all proceedings theretofore had by the
governing body, the bonds to be issued pursuant thereto, and the special assessments from
which such bonds are to be paid, shall become incontestable, and no suit attacking or
questioning the legality thereof may be instituted in this state, and no court shall have the
authority to inquire into such matters.
Section 88. Section 
57-13a-104
 is amended to read:
57-13a-104.
Abandonment of prescriptive easement for water conveyance.
(1) A holder of a prescriptive easement for a water conveyance established under
Section 
57-13a-102
 may, in accordance with this section, abandon all or part of the easement.
(2) A holder of a prescriptive easement for a water conveyance established under
Section 
57-13a-102
 who seeks to abandon the easement or part of the easement shall:
(a) in each county where the easement or part of the easement is located[
: (i)
]
,
 file in
the office of the county recorder a notice of intent to abandon the prescriptive easement that
describes the easement or part of the easement to be abandoned; [
and
]
[
(ii) publish the notice of intent to abandon the prescriptive easement once a week for
two consecutive weeks in:
]
[
(A) a local newspaper of general circulation that is published in the area generally
served by the water conveyance that utilizes the easement; or
]
[
(B) if a newspaper described in Subsection (2)(a)(ii)(A) does not exist, in a newspaper
of general circulation in the county;
]
(b) post copies of the notice of intent to abandon the prescriptive easement in three
public places located within the area generally served by the water conveyance that utilizes the
easement;
(c) mail a copy of the notice of intent to abandon the prescriptive easement to each
municipal and county government where the easement or part of the easement is located;
(d) [
in accordance with Section 
45-1-101
, publish
] 
post
 a copy of the notice of intent to
abandon the prescriptive easement on the [
public legal notice website described in Subsection
45-1-101
(2)(b)
] 
Utah Public Notice Website created in Section 
63F-1-701
; and
(e) after meeting the requirements of Subsections (2)(a), (b), (c), and (d) and at least 45
days after the last day on which the holder of the easement [
publishes
] 
posts
 the notice of intent
to abandon the prescriptive easement in accordance with Subsection [
(2)(a)(ii)
] 
(2)(b)
, file in
the office of the county recorder for each county where the easement or part of the easement is
located a notice of abandonment that contains the same description required by Subsection
(2)(a)(i).
(3) (a) Upon completion of the requirements described in Subsection (2) by the holder
of a prescriptive easement for a water conveyance established under Section 
57-13a-102
:
(i) all interest to the easement or part of the easement abandoned by the holder of the
easement is extinguished; and
(ii) subject to each legal right that exists as described in Subsection (3)(b), the owner of
a servient estate whose land was encumbered by the easement or part of the easement
abandoned may reclaim the land area occupied by the former easement or part of the easement
and resume full utilization of the land without liability to the former holder of the easement.
(b) Abandonment of a prescriptive easement under this section does not affect a legal
right to have water delivered or discharged through the water conveyance and easement
established by a person other than the holder of the easement who abandons an easement as
provided in this section.
Section 89. Section 
59-12-402
 is amended to read:
59-12-402.
Additional resort communities sales and use tax -- Base -- Rate --
Collection fees -- Resolution and voter approval requirements -- Election requirements --
Notice requirements -- Ordinance requirements -- Prohibition of military installation
development authority imposition of tax.
(1) (a) Subject to Subsections (2) through (6), the governing body of a municipality in
which the transient room capacity as defined in Section 
59-12-405
 is greater than or equal to
66% of the municipality's permanent census population may, in addition to the sales tax
authorized under Section 
59-12-401
, impose an additional resort communities sales tax in an
amount that is less than or equal to .5% on the transactions described in Subsection
59-12-103
(1) located within the municipality.
(b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
impose a tax under this section on:
(i) the sale of:
(A) a motor vehicle;
(B) an aircraft;
(C) a watercraft;
(D) a modular home;
(E) a manufactured home; or
(F) a mobile home;
(ii) the sales and uses described in Section 
59-12-104
 to the extent the sales and uses
are exempt from taxation under Section 
59-12-104
; and
(iii) except as provided in Subsection (1)(d), amounts paid or charged for food and
food ingredients.
(c) For purposes of this Subsection (1), the location of a transaction shall be
determined in accordance with Sections 
59-12-211
 through 
59-12-215
.
(d) A municipality imposing a tax under this section shall impose the tax on the
purchase price or sales price for amounts paid or charged for food and food ingredients if the
food and food ingredients are sold as part of a bundled transaction attributable to food and food
ingredients and tangible personal property other than food and food ingredients.
(2) (a) An amount equal to the total of any costs incurred by the state in connection
with the implementation of Subsection (1) which exceed, in any year, the revenues received by
the state from its collection fees received in connection with the implementation of Subsection
(1) shall be paid over to the state General Fund by the cities and towns which impose the tax
provided for in Subsection (1).
(b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among
those cities and towns according to the amount of revenue the respective cities and towns
generate in that year through imposition of that tax.
(3) To impose an additional resort communities sales tax under this section, the
governing body of the municipality shall:
(a) pass a resolution approving the tax; and
(b) except as provided in Subsection (6), obtain voter approval for the tax as provided
in Subsection (4).
(4) To obtain voter approval for an additional resort communities sales tax under
Subsection (3)(b), a municipality shall:
(a) hold the additional resort communities sales tax election during:
(i) a regular general election; or
(ii) a municipal general election; and
(b) [
publish
] 
post
 notice of the election:
(i) 15 days or more before the day on which the election is held; and
[
(ii) (A) in a newspaper of general circulation in the municipality; and
]
[
(B) as required in Section 
45-1-101
.
]
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
.
(5) An ordinance approving an additional resort communities sales tax under this
section shall provide an effective date for the tax as provided in Section 
59-12-403
.
(6) (a) Except as provided in Subsection (6)(b), a municipality is not subject to the
voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
municipality imposed a license fee or tax on businesses based on gross receipts pursuant to
Section 
10-1-203
.
(b) The exception from the voter approval requirements in Subsection (6)(a) does not
apply to a municipality that, on or before January 1, 1996, imposed a license fee or tax on only
one class of businesses based on gross receipts pursuant to Section 
10-1-203
.
(7) A military installation development authority authorized to impose a resort
communities tax under Section 
59-12-401
 may not impose an additional resort communities
sales tax under this section.
Section 90. Section 
59-12-2208
 is amended to read:
59-12-2208.
Legislative body approval requirements -- Voter approval
requirements.
(1) Subject to the other provisions of this section, before imposing a sales and use tax
under this part, a county, city, or town legislative body shall:
(a) obtain approval to impose the sales and use tax from a majority of the members of
the county, city, or town legislative body; and
(b) submit an opinion question to the county's, city's, or town's registered voters voting
on the imposition of the sales and use tax so that each registered voter has the opportunity to
express the registered voter's opinion on whether a sales and use tax should be imposed under
this section.
(2) The opinion question required by this section shall state:
"Shall (insert the name of the county, city, or town), Utah, be authorized to impose a
(insert the tax rate of the sales and use tax) sales and use tax for (list the purposes for which the
revenues collected from the sales and use tax shall be expended)?"
(3) (a) Subject to Subsection (3)(b), the election required by this section shall be held:
(i) at a regular general election conducted in accordance with the procedures and
requirements of Title 20A, Election Code, governing regular general elections; or
(ii) at a municipal general election conducted in accordance with the procedures and
requirements of Section 
20A-1-202
.
(b) (i) Subject to Subsection (3)(b)(ii), the county clerk of the county in which the
opinion question required by this section will be submitted to registered voters shall, no later
than 15 days before the date of the election:
[
(A) publish a notice:
]
[
(I) once in a newspaper published in that county; and
]
[
(II) as required in Section 
45-1-101
; or
]
(A) post a notice on the Utah Public Notice Website created in Section 
63F-1-701
; or
(B) (I) cause a copy of the notice to be posted in a conspicuous place most likely to
give notice of the election to the registered voters voting on the imposition of the sales and use
tax; and
(II) prepare an affidavit of that posting, showing a copy of the notice and the places
where the notice was posted.
(ii) The notice under Subsection (3)(b)(i) shall:
(A) state that an opinion question will be submitted to the county's, city's, or town's
registered voters voting on the imposition of a sales and use tax under this section so that each
registered voter has the opportunity to express the registered voter's opinion on whether a sales
and use tax should be imposed under this section; and
(B) list the purposes for which the revenues collected from the sales and use tax shall
be expended.
(4) A county, city, or town that submits an opinion question to registered voters under
this section is subject to Section 
20A-11-1203
.
(5) Subject to Section 
59-12-2209
, if a county, city, or town legislative body
determines that a majority of the county's, city's, or town's registered voters voting on the
imposition of a sales and use tax under this part have voted in favor of the imposition of the
sales and use tax in accordance with this section, the county, city, or town legislative body shall
impose the sales and use tax.
(6) If, after imposing a sales and use tax under this part, a county, city, or town
legislative body seeks to impose a tax rate for the sales and use tax that exceeds or is less than
the tax rate stated in the opinion question described in Subsection (2) or repeals the tax rate
stated in the opinion question described in Subsection (2), the county, city, or town legislative
body shall:
(a) obtain approval from a majority of the members of the county, city, or town
legislative body to impose a tax rate for the sales and use tax that exceeds or is less than the tax
rate stated in the opinion question described in Subsection (2) or repeals the tax rate stated in
the opinion question described in Subsection (2); and
(b) in accordance with the procedures and requirements of this section, submit an
opinion question to the county's, city's, or town's registered voters voting on the tax rate so that
each registered voter has the opportunity to express the registered voter's opinion on whether to
impose a tax rate for the sales and use tax that exceeds or is less than the tax rate stated in the
opinion question described in Subsection (2) or repeal the tax rate stated in the opinion
question described in Subsection (2).
Section 91. Section 
62A-5-202.5
 is amended to read:
62A-5-202.5.
Utah State Developmental Center Board -- Creation -- Membership
-- Duties -- Powers.
(1) There is created the Utah State Developmental Center Board within the Department
of Human Services.
(2) The board is composed of nine members as follows:
(a) the director of the division or the director's designee;
(b) the superintendent of the developmental center or the superintendent's designee;
(c) the executive director of the Department of Human Services or the executive
director's designee;
(d) a resident of the developmental center selected by the superintendent; and
(e) five members appointed by the governor with the advice and consent of the Senate
as follows:
(i) three members of the general public; and
(ii) two members who are parents or guardians of individuals who receive services at
the developmental center.
(3) In making appointments to the board, the governor shall ensure that:
(a) no more than three members have immediate family residing at the developmental
center; and
(b) members represent a variety of geographic areas and economic interests of the state.
(4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
term of four years.
(b) An appointed member may not serve more than two full consecutive terms unless
the governor determines that an additional term is in the best interest of the state.
(c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of appointed members are staggered so that approximately half of the appointed members are
appointed every two years.
(d) Appointed members shall continue in office until the expiration of their terms and
until their successors are appointed, which may not exceed 120 days after the formal expiration
of a term.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) The director shall serve as the chair.
(b) The board shall appoint a member to serve as vice chair.
(c) The board shall hold meetings quarterly or as needed.
(d) Five members are necessary to constitute a quorum at any meeting, and, if a
quorum exists, the action of the majority of members present shall be the action of the board.
(e) The chair shall be a non-voting member except that the chair may vote to break a tie
vote between the voting members.
(6) An appointed member may not receive compensation or benefits for the member's
service, but, at the executive director's discretion, may receive per diem and travel expenses in
accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) (a) The board shall adopt bylaws governing the board's activities.
(b) Bylaws shall include procedures for removal of a member who is unable or
unwilling to fulfill the requirements of the member's appointment.
(8) The board shall:
(a) act for the benefit of the developmental center and the division;
(b) advise and assist the division with the division's functions, operations, and duties
related to the developmental center, described in Sections 
62A-5-102
, 
62A-5-103
, 
62A-5-201
,
62A-5-203
, and 
62A-5-206
;
(c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
described in Section 
62A-5-206.5
;
(d) administer the Utah State Developmental Center Land Fund, as described in
Section 
62A-5-206.6
;
(e) approve the sale, lease, or other disposition of real property or water rights
associated with the developmental center, as described in Subsection 
62A-5-206.6
(2); and
(f) within 21 days after the day on which the board receives the notice required under
Subsection 
10-2-419
(3)[
(d)
]
(c)
, provide a written opinion regarding the proposed boundary
adjustment to:
(i) the director of the Division of Facilities and Construction Management; and
(ii) the Legislative Management Committee. 
Section 92. Section 
63A-5b-305
 is amended to read:
63A-5b-305.
Duties and authority of director.
(1) The director shall:
(a) administer the division's duties and responsibilities;
(b) report all property acquired by the state, except property acquired by an institution
of higher education or the trust lands administration, to the director of the Division of Finance
for inclusion in the state's financial records;
(c) after receiving the notice required under Subsection 
10-2-419
(3)[
(d)
]
(c)
, file a
written protest at or before the public hearing under Subsection 
10-2-419
(2)(b), if:
(i) it is in the best interest of the state to protest the boundary adjustment; or
(ii) the Legislature instructs the director to protest the boundary adjustment; and
(d) take all other action that the director is required to take under this chapter or other
applicable statute.
(2) The director may:
(a) create forms and make policies necessary for the division or director to perform the
division or director's duties;
(b) (i) hire or otherwise procure assistance and service, professional, skilled, or
otherwise, necessary to carry out the director's duties under this chapter; and
(ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through
annual operation budget appropriations or from other nonlapsing project funds;
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules necessary for the division or director to perform the division or director's duties;
and
(d) take all other action necessary for carrying out the purposes of this chapter.
Section 93. Section 
63F-1-701
 is amended to read:
63F-1-701.
Utah Public Notice Website -- Establishment and administration.
(1) As used in this part:
(a) "Division" means the Division of Archives and Records Service of the Department
of Administrative Services.
(b) "Executive board" means the same as that term is defined in Section 
67-1-2.5
.
(c) "Public body" means the same as that term is defined in Section 
52-4-103
.
(d) "Public information" means a public body's public notices, minutes, audio
recordings, and other materials that are required to be posted to the website under Title 52,
Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
(e) "Website" means the Utah Public Notice Website created under this section.
(2) There is created the Utah Public Notice Website to be administered by the Division
of Archives and Records Service.
(3) The website shall consist of an Internet website provided to assist the public to find
posted public information.
(4) The division, with the technical assistance of the Department of Technology
Services, shall create the website that shall:
(a) allow a public body, or other certified entity, to easily post any public information,
including the contact information required under Subsections 
17B-1-303
(9) and
17D-1-106
(1)(b)(ii);
(b) allow the public to easily search the public information by:
(i) public body name;
(ii) date of posting of the notice;
(iii) date of any meeting or deadline included as part of the public information; and
(iv) any other criteria approved by the division;
(c) allow the public to easily search and view past, archived public information;
(d) allow an individual to subscribe to receive updates and notices associated with a
public body or a particular type of public information;
(e) be easily accessible by the public from the State of Utah home page;
(f) have a unique and simplified website address;
(g) be directly accessible via a link from the main page of the official state website;
[
and
]
(h) allow a newspaper to request and automatically receive a transmission of a posting
to the website as the posting occurs; and
[
(h)
] 
(i)
 include other links, features, or functionality that will assist the public in
obtaining and reviewing public information posted on the website, as may be approved by the
division.
(5) (a) Subject to Subsection (5)(b), the division and the governor's office shall
coordinate to ensure that the website, the database described in Section 
67-1-2.5
, and the
website described in Section 
67-1-2.5
 automatically share appropriate information in order to
ensure that:
(i) an individual who subscribes to receive information under Subsection (4)(d) for an
executive board automatically receives notifications of vacancies on the executive board that
will be publicly filled, including a link to information regarding how an individual may apply
to fill the vacancy; and
(ii) an individual who accesses an executive board's information on the website has
access to the following through the website:
(A) the executive board's information in the database, except an individual's physical
address, e-mail address, or phone number; and
(B) the portal described in Section 
67-1-2.5
 through which an individual may provide
input on an appointee to, or member of, the executive board.
(b) The division and the governor's office shall comply with Subsection (5)(a) as soon
as reasonably possible within existing funds appropriated to the division and the governor's
office.
(6) Before August 1 of each year, the division shall:
(a) identify each executive board that is a public body that did not submit to the
website a notice of a public meeting during the previous fiscal year; and
(b) report the name of each identified executive board to the governor's boards and
commissions administrator.
(7) The division is responsible for:
(a) establishing and maintaining the website, including the provision of equipment,
resources, and personnel as is necessary;
(b) providing a mechanism for public bodies or other certified entities to have access to
the website for the purpose of posting and modifying public information; and
(c) maintaining an archive of all public information posted to the website.
(8) A public body is responsible for the content the public body is required to post to
the website and the timing of posting of that information.
Section 94. Section 
63G-6a-112
 is amended to read:
63G-6a-112.
Required public notice.
(1) A procurement unit that issues a solicitation shall [
publish
] 
post
 notice of the
solicitation:
(a) at least seven days before the day of the deadline for submission of a solicitation
response; and
[
(b) (i) in a newspaper of general circulation in the state;
]
[
(ii) in a newspaper of local circulation in the area:
]
[
(A) directly impacted by the procurement; or
]
[
(B) over which the procurement unit has jurisdiction;
]
[
(iii)
] 
(b) (i)
 on the main website for the procurement unit; or
[
(iv)
] 
(ii)
 on a state website that is owned, managed by, or provided under contract
with, the division for posting a public procurement notice.
(2) A procurement unit may reduce the seven-day period described in Subsection (1), if
the procurement unit's procurement official signs a written statement that:
(a) states that a shorter time is needed; and
(b) determines that competition from multiple sources may be obtained within the
shorter period of time.
(3) (a) It is the responsibility of a person seeking information provided by a notice
published under this section to seek out, find, and respond to the notice.
(b) As a courtesy and in order to promote competition, a procurement unit may
provide, but is not required to provide, individual notice.
Section 95. Section 
72-5-105
 is amended to read:
72-5-105.
Highways, streets, or roads once established continue until abandoned
-- Temporary closure.
(1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
once established shall continue to be highways, streets, or roads until formally abandoned or
vacated by written order, resolution, or ordinance resolution of a highway authority having
jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
been duly recorded in the office of the recorder of the county or counties where the highway,
street, or road is located.
(2) (a) For purposes of assessment, upon the recordation of an order executed by the
proper authority with the county recorder's office, title to the vacated or abandoned highway,
street, or road shall vest to the adjoining record owners, with one-half of the width of the
highway, street, or road assessed to each of the adjoining owners.
(b) Provided, however, that should a description of an owner of record extend into the
vacated or abandoned highway, street, or road that portion of the vacated or abandoned
highway, street, or road shall vest in the record owner, with the remainder of the highway,
street, or road vested as otherwise provided in this Subsection (2).
(c) Title to a highway, street, or road that a local highway authority closes to vehicular
traffic under Subsection (3) or (7) remains vested in the city.
(3) (a) In accordance with this section, a state or local highway authority may
temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
C, or D road or R.S. 2477 right-of-way.
(b) (i) A temporary closure authorized under this section is not an abandonment.
(ii) The erection of a barrier or sign on a highway, street, or road once established is
not an abandonment.
(iii) An interruption of the public's continuous use of a highway, street, or road once
established is not an abandonment even if the interruption is allowed to continue unabated.
(c) A temporary closure under Subsection (3)(a) may be authorized only under the
following circumstances:
(i) when a federal authority, or other person, provides an alternate route to an R.S.
2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
(A) accepted by the highway authority; and
(B) formalized by a federal permit or a written agreement between the federal authority
or other person and the highway authority;
(ii) when a state or local highway authority determines that correction or mitigation of
injury to private or public land resources is necessary on or near a class B or D road or portion
of a class B or D road; or
(iii) when a local highway authority makes a finding that temporary closure of all or
part of a class C road is necessary to mitigate unsafe conditions.
(d) (i) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
another public use or purpose related to the mitigation of the unsafe condition.
(ii) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
between the local highway authority and another entity, the local highway authority may not
reopen the closed portion of the road until the lease agreement terminates.
(e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
2477 right-of-way temporarily closed under this section if the alternate route is closed for any
reason.
(f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
(i) be authorized annually; and
(ii) not exceed two years or the time it takes to complete the correction or mitigation,
whichever is less.
(4) To authorize a closure of a road under Subsection (3) or (7), a local highway
authority shall pass an ordinance to temporarily or indefinitely close the road.
(5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
a highway authority shall:
(a) hold a hearing on the proposed temporary or indefinite closure;
(b) provide notice of the hearing by mailing a notice to the Department of
Transportation and all owners of property abutting the highway; and
(c) except for a closure under Subsection (3)(c)(iii)[
:
]
, post the notice:
[
(i) publishing the notice:
]
[
(A) in a newspaper of general circulation in the county at least once a week for four
consecutive weeks before the hearing; and
]
[
(B)
] 
(i)
 on the Utah Public Notice Website created in Section 
63F-1-701
, for four
weeks before the hearing; or
(ii) [
posting the notice
] in three public places for at least four consecutive weeks before
the hearing.
(6) The right-of-way and easements, if any, of a property owner and the franchise rights
of any public utility may not be impaired by a temporary or indefinite closure authorized under
this section.
(7) (a) A local highway authority may close to vehicular travel and convert to another
public use or purpose a highway, road, or street over which the local highway authority has
jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
that:
(i) the closed highway, road, or street is not necessary for vehicular travel;
(ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
to private or public land resources on or near the highway, road, or street; or
(iii) the closure of the highway, road, or street is necessary to mitigate unsafe
conditions.
(b) If a local highway authority indefinitely closes all or part of a highway, road, or
street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
agreement between the local highway authority and another entity, the local highway authority
may not reopen the closed portion of the road until the lease agreement terminates.
(c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
Section 96. Section 
72-6-108
 is amended to read:
72-6-108.
Class B and C roads -- Improvement projects -- Contracts -- Retainage.
(1) A county executive for class B roads and the municipal executive for class C roads
shall cause plans, specifications, and estimates to be made prior to the construction of any
improvement project, as defined in Section 
72-6-109
, on a class B or C road if the estimated
cost for any one project exceeds the bid limit as defined in Section 
72-6-109
 for labor,
equipment, and materials.
(2) (a) All projects in excess of the bid limit shall be performed under contract to be let
to the lowest responsible bidder.
(b) If the estimated cost of the improvement project exceeds the bid limit for labor,
equipment, and materials, the project may not be divided to permit the construction in parts,
unless each part is done by contract.
(3) [
(a)
] The advertisement on bids shall be [
published
] 
posted
:
[
(i) in a newspaper of general circulation in the county in which the work is to be
performed at least once a week for three consecutive weeks; and
]
[
(ii) in accordance with Section 
45-1-101
 for three weeks.
]
(a) on the Utah Public Notice Website, created in Section 
63F-1-701
, for three weeks;
and
(b) [
If there is no newspaper of general circulation as described in Subsection (3)(a)(i),
the notice shall be posted
] for at least 20 days in at least five public places in the county.
(4) The county or municipal executive or their designee shall receive sealed bids and
open the bids at the time and place designated in the advertisement. The county or municipal
executive or their designee may then award the contract but may reject any and all bids.
(5) The person, firm, or corporation that is awarded a contract under this section is
subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
(6) If any payment on a contract with a private contractor for construction or
improvement of a class B or C road is retained or withheld, the payment shall be retained or
withheld and released as provided in Section 
13-8-5
.
Section 97. Section 
76-8-809
 is amended to read:
76-8-809.
Closing or restricting use of highways abutting defense or war facilities
-- Posting of notices.
Any individual, partnership, association, corporation, municipal corporation or state or
any political subdivision thereof engaged in or preparing to engage in the manufacture,
transportation or storage of any product to be used in the preparation of the United States or
any of the states for defense or for war or in the prosecution of war by the United States, or in
the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
any of said natural or artificial persons operating any public utility who has property so used
which he or it believes will be endangered if public use and travel is not restricted or prohibited
on one or more highways or parts thereof upon which the property abuts, may petition the
highway commissioners of any city, town, or county to close one or more of the highways or
parts thereof to public use and travel or to restrict by order the use and travel upon one or more
of the highways or parts thereof.
Upon receipt of the petition, the highway commissioners shall set a day for hearing and
give notice [
thereof by publication in a newspaper having general circulation in the city, town,
or county in which the property is located and as required in Section 
45-1-101
, the publication
shall be made
] 
of the hearing by posting a notice on the Utah Public Notice Website, created in
Section 
63F-1-701
,
 at least seven days prior to the date set for hearing. If, after hearing, the
highway commissioners determine that the public safety and the safety of the property of the
petitioner so require, they shall by suitable order close to public use and travel or reasonably
restrict the use of and travel upon one or more of the highways or parts thereof; provided the
highway commissioners may issue written permits to travel over the highway so closed or
restricted to responsible and reputable persons for a term, under conditions and in a form as the
commissioners may prescribe. Appropriate notices in letters at least three inches high shall be
posted conspicuously at each end of any highway so closed or restricted by an order. The
highway commissioners may at any time revoke or modify any order so made.
Section 98. Section 
78A-7-202
 is amended to read:
78A-7-202.
Justice court judges to be appointed -- Procedure.
(1) As used in this section:
(a) "Local government executive" means:
(i) for a county:
(A) the chair of the county commission in a county operating under the county
commission or expanded county commission form of county government;
(B) the county executive in a county operating under the county executive-council form
of county government; and
(C) the county manager in a county operating under the council-manager form of
county government;
(ii) for a city or town:
(A) the mayor of the city or town; or
(B) the city manager, in the council-manager form of government described in
Subsection 
10-3b-103
(7); and
(iii) for a metro township, the chair of the metro township council.
(b) "Local legislative body" means:
(i) for a county, the county commission or county council; and
(ii) for a city or town, the council of the city or town.
(2) There is created in each county a county justice court nominating commission to
review applicants and make recommendations to the appointing authority for a justice court
position. The commission shall be convened when a new justice court judge position is created
or when a vacancy in an existing court occurs for a justice court located within the county.
(a) Membership of the justice court nominating commission shall be as follows:
(i) one member appointed by:
(A) the county commission if the county has a county commission form of
government; or
(B) the county executive if the county has an executive-council form of government;
(ii) one member appointed by the municipalities in the counties as follows:
(A) if the county has only one municipality, appointment shall be made by the
governing authority of that municipality; or
(B) if the county has more than one municipality, appointment shall be made by a
municipal selection committee composed of the mayors of each municipality and the chairs of
each metro township in the county;
(iii) one member appointed by the county bar association; and
(iv) two members appointed by the governing authority of the jurisdiction where the
judicial office is located.
(b) If there is no county bar association, the member in Subsection (2)(a)(iii) shall be
appointed by the regional bar association. If no regional bar association exists, the state bar
association shall make the appointment.
(c) Members appointed under Subsections (2)(a)(i) and (ii) may not be the appointing
authority or an elected official of a county or municipality.
(d) The nominating commission shall submit at least three names to the appointing
authority of the jurisdiction expected to be served by the judge. The local government
executive shall appoint a judge from the list submitted and the appointment ratified by the local
legislative body.
(e) The state court administrator shall provide staff to the commission. The Judicial
Council shall establish rules and procedures for the conduct of the commission.
(3) Judicial vacancies shall be advertised in a newspaper of general circulation, through
the Utah State Bar, 
on the Utah Public Notice Website, created in Section 
63F-1-701
,
 and
through
 other appropriate means.
(4) Selection of candidates shall be based on compliance with the requirements for
office and competence to serve as a judge.
(5) Once selected, every prospective justice court judge shall attend an orientation
seminar conducted under the direction of the Judicial Council. Upon completion of the
orientation program, the Judicial Council shall certify the justice court judge as qualified to
hold office.
(6) The selection of a person to fill the office of justice court judge is effective upon
certification of the judge by the Judicial Council. A justice court judge may not perform
judicial duties until certified by the Judicial Council.