Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 373 (2022GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows the legislative body of certain counties to designate a convention and tourism business assessment area to levy an assessment on certain lodging establishments to pay for certain activities that benefit lodging establishments;
• establishes requirements for a county legislative body to designate an assessment area, including procedures for filing a petition to designate an assessment area, giving notice of the proposed assessment area, hearing protests, and holding a public meeting to adopt an ordinance or resolution designating the assessment area;
• establishes requirements for a county legislative body to amend, renew, or dissolve the assessment area; and
• establishes requirements for a person to contest the levying of an assessment or the designation of an assessment area.

Every vote on this bill

Bill text

CONVENTION AND TOURISM BUSINESS ASSESSMENT
AREA ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill enacts the Convention and Tourism Business Assessment Area Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows the legislative body of certain counties to designate a convention and tourism
business assessment area to levy an assessment on certain lodging establishments to
pay for certain activities that benefit lodging establishments;
▸ establishes requirements for a county legislative body to designate an assessment
area, including procedures for filing a petition to designate an assessment area,
giving notice of the proposed assessment area, hearing protests, and holding a
public meeting to adopt an ordinance or resolution designating the assessment area;
▸ establishes requirements for a county legislative body to amend, renew, or dissolve
the assessment area; and
▸ establishes requirements for a person to contest the levying of an assessment or the
designation of an assessment area.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-42b-101
, Utah Code Annotated 1953
11-42b-102
, Utah Code Annotated 1953
11-42b-103
, Utah Code Annotated 1953
11-42b-104
, Utah Code Annotated 1953
11-42b-105
, Utah Code Annotated 1953
11-42b-106
, Utah Code Annotated 1953
11-42b-107
, Utah Code Annotated 1953
11-42b-108
, Utah Code Annotated 1953
11-42b-109
, Utah Code Annotated 1953
11-42b-110
, Utah Code Annotated 1953
11-42b-111
, Utah Code Annotated 1953
11-42b-112
, Utah Code Annotated 1953
11-42b-113
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-42b-101
 is enacted to read:
CHAPTER 42b. CONVENTION AND TOURISM BUSINESS ASSESSMENT AREA
ACT
 11-42b-101.
Definitions.
As used in this chapter:
(1) "Assessment" means the assessment that a specified county levies on benefitted
properties under this chapter to pay for beneficial activities.
(2) "Assessment area" means a convention and tourism business assessment area
designated under this chapter.
(3) (a) "Beneficial activity" means any activity or service that increases hotel room
rates or occupancy levels at lodging establishments.
(b) "Beneficial activity" includes an activity to:
(i) promote tourism;
(ii) sponsor or incentivize a cultural or sports event, festival, conference, or
convention;
(iii) facilitate economic or workforce development for the lodging industry, including
workforce recruitment or retention; or
(iv) promote placemaking, visitor management, or destination enhancement.
(4) "Benefitted property" means a lodging establishment that directly or indirectly
benefits from a beneficial activity.
(5) "Guest" means an individual for whom a lodging establishment provides lodging
accommodations for compensation.
(6) "Lodging establishment" means the same as that term is defined in Section
29-2-102
.
(7) "Municipality" means a city, town, or metro township.
(8) "Owner" means the owner of a benefitted property, or the authorized agent or
employee of the owner.
(9) "Qualified number of owners" means a number of owners of benefitted properties
that represents 60% or more of the total assessment amount levied against all benefitted
properties within a proposed or existing assessment area, provided that if an owner of one or
more benefitted properties represents 40% or more of the total assessment amount levied
against all benefitted properties within a proposed or existing assessment area, no more than
40% of the total assessment amount shall be attributed to that owner.
(10) "Specified county" means a county of the first or second class.
(11) "Third party administrator" means a private nonprofit organization, primarily
engaged in destination marketing and promotion, that enters into a contract with a specified
county to provide beneficial activities within an assessment area in accordance with the
management plan.
Section 2. Section 
11-42b-102
 is enacted to read:
 11-42b-102.
Designating an assessment area -- Levying and paying an assessment
- Requirements and prohibitions.
(1) Subject to the requirements of this part, the legislative body of a specified county
intending to levy an assessment on benefitted properties to pay for beneficial activities shall
adopt an ordinance or resolution designating an assessment area.
(2) A specified county that levies an assessment under this chapter for beneficial
activities:
(a) shall:
(i) levy an assessment on each benefitted property within the assessment area;
(ii) use an assessment method that, when applied to a benefitted property, reflects an
equitable portion of the benefit the benefitted property will receive for the beneficial activities
for which the assessment is levied;
(iii) levy and collect an assessment in accordance with a management plan that meets
the requirements of Subsection 
11-42b-103
(2)(a); and
(iv) contract with a third party administrator to implement beneficial activities within
the assessment areas;
(b) may:
(i) levy an assessment only on lodging establishments located within the geographical
boundaries of the specified county;
(ii) establish benefit zones that divide the assessment area into multiple types or
classifications to:
(A) levy a different level of assessment; or
(B) use a different assessment method in each classification to reflect more fairly the
benefits that property within the different types or classifications is expected to receive because
of the proposed beneficial activities;
(iii) rely on estimated benefits from an increase in:
(A) retail sales rates;
(B) customer base;
(C) public perception;
(D) hotel room rates and occupancy levels;
(E) the commercial environment from enhanced services;
(F) another articulable method of estimating benefits; or
(G) a combination of the methods described in Subsections (2)(b)(iii)(A) through (F);
and
(iv) may not:
(A) include, within an assessment area, any area of land that is included within the
geographic boundaries of a municipality unless the legislative body of the municipality adopts
an ordinance or resolution consenting to the municipality's inclusion in the assessment area; or
(B) levy an assessment for a period longer than 10 years, unless the assessment area is
renewed in accordance with Section 
11-42b-109
.
(3) The legislative body of a specified county may not adopt a designation ordinance or
resolution under Subsection (1) unless the legislative body:
(a) receives a petition that meets the requirements of Section 
11-42b-103
;
(b) gives notice as provided in Section 
11-42b-104
;
(c) receives and considers all protests filed under Section 
11-42b-105
;
(d) holds a public hearing as provided in Section 
11-42b-106
; and
(e) holds a public meeting as provided in Section 
11-42b-107
.
(4) (a) The owner of a benefitted property that pays an assessment under this chapter
may place the assessment as a mandatory surcharge on guest receipts.
(b) A surcharge under this Subsection (4):
(i) shall be disclosed on all information and communication platforms of the benefitted
property in the same manner as other surcharges, hotel and occupancy taxes, and sales and use
taxes as required by applicable laws and regulations; and
(ii) may not:
(A) be used to calculate a benefitted property's gross receipts or gross revenues for any
purpose, including the calculation of sales revenue, occupancy taxes, or state income taxes; or
(B) be considered as part of income pursuant to any lease or operator agreement.
(5) The payment of an assessment under this chapter may not be taken as a deduction
from income for state income tax purposes.
Section 3. Section 
11-42b-103
 is enacted to read:
 11-42b-103.
Petition to designate assessment area -- Requirements -- Management
plan contents.
(1) The process for a specified county to designate an assessment area is initiated by
the filing of a petition with the legislative body of the specified county.
(2) A petition under Subsection (1) shall:
(a) include a proposed management plan that:
(i) describes:
(A) the boundaries and duration of the proposed assessment area;
(B) each benefitted property proposed to be assessed;
(C) the total estimated amount of assessment to be levied against all benefitted
properties for each year an assessment is levied;
(D) the method by which the proposed assessment is calculated;
(E) the beneficial activities to be paid by assessments for each year an assessment is
levied;
(F) the total estimated amount of assessment to be expended on beneficial activities for
each year an assessment is levied;
(G) the proposed source or sources of financing, including the proposed method and
basis of levying the assessment in sufficient detail to allow each owner of benefitted property
to calculate the amount of the assessment to be levied against the owner's benefitted property;
(H) any proposed benefit zones as described in Subsection 
11-42b-102
(2)(b)(ii); and
(I) the interest, penalties, and costs or other requirements of the proposed assessment;
(ii) establishes procedures for collecting the proposed assessment;
(iii) requires the legislative body to contract with a third party administrator to
implement the proposed beneficial activities within the assessment area;
(iv) includes a statement regarding the right of a benefitted property to impose a
surcharge on guests of the benefitted property as provided in Subsection 
11-42b-102
(4); and
(b) be signed by a qualified number of owners.
Section 4. Section 
11-42b-104
 is enacted to read:
 11-42b-104.
Notice of proposed assessment area -- Requirements.
(1) If the legislative body of a specified county receives a petition that meets the
requirements of Section 
11-42b-103
, the legislative body shall give notice of the proposed
assessment area.
(2) The notice under Subsection (1) shall:
(a) include the following information:
(i) a statement that the legislative body received a petition to designate an assessment
area under Section 
11-42b-103
;
(ii) a statement that the specified county proposes to:
(A) designate one or more areas within the specified county's geographic boundaries as
an assessment area;
(B) contract with a third party administrator to provide beneficial activities within the
proposed assessment area; and
(C) finance some or all of the cost of providing beneficial activities by an assessment
on benefitted properties within the assessment area;
(iii) a summary of the contents of the proposed management plan, including the
information described in Subsection 
11-42b-103
(2)(a)(i);
(iv) a statement explaining how an individual can access the petition described in
Subsection (2)(a), including the contents of the proposed management plan;
(v) a statement that contains:
(A) the date described in Section 
11-42b-105
 and the location at which a protest under
Section 
11-42b-105
 may be filed;
(B) the method by which the legislative body will determine the number of protests
required to defeat the designation of the proposed assessment area or implementation of the
proposed beneficial activities, subject to Subsection 
11-42b-107
(1)(b); and
(C) a statement in large, boldface, and conspicuous type explaining that an owner of a
benefitted property must protest the designation of the assessment area in writing if the owner
objects to the area designation or being assessed for the proposed beneficial activities;
(vi) the date, time, and place of the public hearing required in Section 
11-42b-106
; and
(vii) any other information the legislative body considers appropriate;
(b) (i) be posted in at least three public places within the specified county's geographic
boundaries at least 20 but not more than 35 days before the day of the hearing required in
Section 
11-42b-106
; and
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the deadline for filing protests specified in the notice under Subsection
(2)(a)(v); and
(c) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (2)(b) to each owner of benefitted property within the proposed
assessment area at the owner's mailing address.
(3) (a) The legislative body may record the version of the notice that is published or
posted in accordance with Subsection (2)(b) with the office of the county recorder.
(b) The notice recorded under Subsection (3)(a) expires and is no longer valid one year
after the day on which the legislative body records the notice if the legislative body has failed
to adopt the designation ordinance or resolution under Section 
11-42b-102
 designating the
assessment area for which the notice was recorded.
Section 5. Section 
11-42b-105
 is enacted to read:
 11-42b-105.
Protests.
(1) An owner of a benefitted property that is proposed to be assessed and who does not
want the benefitted property to be included in the assessment area may, within 30 days after the
day of the hearing described in Section 
11-42b-106
, file a written protest with the legislative
body:
(a) against:
(i) the designation of an assessment area;
(ii) the inclusion of the owner's benefitted property in the proposed assessment area; or
(iii) the proposed beneficial activities to be implemented; or
(b) protesting:
(i) whether the assessment meets the requirements of Section 
11-42b-102
; or
(ii) any other aspect of the proposed designation of an assessment area.
(2) Each protest under Subsection (1) shall:
(a) describe or otherwise identify the benefitted property owned by the person filing the
protest; and
(b) include the signature of the owner of the benefitted property.
(3) An owner subject to assessment may withdraw a protest at any time before the
expiration of the 30-day period described in Subsection (1) by filing a written withdrawal with
the legislative body.
(4) If the legislative body intends to assess benefitted properties within the proposed
assessment area by establishing benefit zones, as described in Subsection 
11-42b-102
(2)(b)(ii),
and the legislative body has clearly noticed the legislative body's intent, the legislative body
shall:
(a) in determining whether adequate protests have been filed, aggregate the protests by
the type of beneficial activity or by classification; and
(b) apply to and calculate for each type of beneficial activity or classification the
threshold requirements of adequate protests.
(5) The failure of an owner of a benefitted property within the proposed assessment
area to file a timely written protest constitutes a waiver of any objection to:
(a) the designation of the assessment area;
(b) any beneficial activity to be implemented within the assessment area;
(c) the inclusion of the owner's benefitted property within the assessment area; and
(d) the fact, but not amount, of benefit to the owner's benefitted property.
(6) The legislative body shall post the total and percentage of the written protests the
legislative body receives under this section on the legislative body's website, or, if no website is
available, at the legislative body's place of business at least five days before the public meeting
described in Section 
11-42b-106
.
Section 6. Section 
11-42b-106
 is enacted to read:
 11-42b-106.
Public hearing.
(1) On the date and at the time and place specified in the notice under Section
11-42b-104
, the legislative body shall hold a public hearing.
(2) (a) The legislative body:
(i) subject to Subsection (2)(a)(ii), may continue the public hearing from time to time
to a fixed future date and time; and
(ii) may not hold a public hearing that is a continuance less than five days before the
deadline for filing protests described in Section 
11-42b-105
.
(b) The continuance of a public hearing does not restart or extend the protest period
described in Subsection 
11-42b-105
.
(3) At the public hearing, the legislative body shall hear all:
(a) objections to the designation of the proposed assessment area or the beneficial
activities proposed to be implemented within the assessment area;
(b) objections to whether the assessment will meet the requirements of Section
11-42b-102
; and
(c) persons desiring to be heard.
Section 7. Section 
11-42b-107
 is enacted to read:
 11-42b-107.
Public meeting -- Adoption of ordinance or resolution regarding
proposed assessment area -- Limitations.
(1) (a) After holding a public hearing under Section 
11-42b-106
 and within 90 days
after the day that the protest period expires in accordance with Section 
11-42b-105
, the
legislative body shall:
(i) count the written protests filed or withdrawn in accordance with Section 
11-42b-105
and calculate whether adequate protests have been filed; and
(ii) hold a public meeting to announce the protest tally and whether adequate protests
have been filed.
(b) Adequate protests are filed under Subsection (1)(a) if protests have been filed by a
qualified number of owners.
(c) If adequate protests are not filed, the legislative body at the public meeting may
adopt a resolution or ordinance:
(i) abandoning the proposal to designate an assessment area; or
(ii) (A) designating an assessment area; and
(B) approving a management plan as proposed under Section 
11-42b-103
, or with
changes under Subsection (1)(e).
(d) If adequate protests are filed, the legislative body at the public meeting:
(i) may not adopt a resolution or ordinance designating the assessment area; and
(ii) may adopt a resolution or ordinance to abandon the proposal to designate the
assessment area.
(e) In the absence of adequate protests upon the expiration of the protest period and
subject to Subsection (1)(e)(ii), the legislative body may make changes to:
(i) a beneficial activity proposed for implementation under the proposed management
plan; or
(ii) the area or areas proposed to be included within the assessment area under the
proposed management plan.
(2) A legislative body may not make a change in accordance with Subsection (1)(e)(i)
if the change would result in:
(a) a change in the nature of a beneficial activity or reduction in the estimated amount
of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in
the proposed management plan;
(b) an estimated total assessment to any benefitted business within the assessment area
that exceeds the estimate described in the proposed management plan; or
(c) a financing term that extends beyond the estimated term of financing under the
proposed management plan.
(3) After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii),
the legislative body may contract with a third party administrator to provide beneficial
activities within the assessment area.
Section 8. Section 
11-42b-108
 is enacted to read:
 11-42b-108.
Amendments to management plan -- Procedure -- Notice
requirements.
(1) After the legislative body adopts an ordinance or resolution approving a
management plan as provided in Subsection 
11-42b-108
(1)(c)(ii) and contracts with a third
party administrator to provide beneficial activities within the assessment area, the legislative
body may amend the management plan if:
(a) the third party administrator submits to the legislative body a written request for
amendments;
(b) subject to Subsection (2), the legislative body gives notice of the proposed
amendments;
(c) the legislative body holds a public meeting no more than 90 days after the day on
which the legislative body gives notice under Subsection (1)(b); and
(d) at the public meeting described in Subsection (1)(c), the legislative body adopts an
ordinance or resolution approving the amendments to the management plan.
(2) The notice described in Subsection (1)(b) shall:
(a) describe the proposed amendments to the management plan;
(b) state the date, time, and place of the public meeting described in Subsection (1)(c);
and
(c) (i) be posted in at least three public places within the specified county's geographic
boundaries at least 20 but not more than 35 days before the day of the public meeting described
in Subsection (1)(c); and
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the public meeting described in Subsection (1)(c); and
(d) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (2)(c) to each owner of benefitted property within the assessment
area at the owner's mailing address.
Section 9. Section 
11-42b-109
 is enacted to read:
 11-42b-109.
Renewal of assessment area designation -- Procedure -- Disposition of
previous revenues.
(1) Upon the expiration of an assessment area, the legislative body may, for a period
not to exceed 10 years, renew the assessment area as provided in this section.
(2) (a) If there are no changes to the management plan or the designation of the third
party administrator, the legislative body may not renew the assessment area unless:
(i) subject to Subsection (2)(c), the legislative body gives notice of the proposed
renewal;
(ii) the legislative body holds a public meeting no more than 90 days after the day on
which the legislative body gives notice under Subsection (2)(a)(i); and
(iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts
an ordinance or resolution renewing the assessment area designation.
(b) If there are changes to the management plan or the designation of the third party
administrator, the legislative body may not renew the assessment area unless the legislative
body:
(i) gives notice of the proposed renewal in accordance with Section 
11-42b-104
;
(ii) receives and considers all protests filed under Section 
11-42b-105
;
(iii) holds a public hearing as provided in Section 
11-42b-106
;
(iv) holds a public meeting as provided in Section 
11-42b-107
; and
(v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or
resolution renewing the assessment area.
(c) The notice described in Subsection (2)(a)(i) shall:
(i) state:
(A) that the legislative body proposes to renew the assessment area with no changes;
and
(B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii);
(ii) (A) be posted in at least three public places within the specified county's
geographic boundaries at least 20 but not more than 35 days before the day of the public
meeting described in Subsection (2)(a)(ii); and
(B) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the public meeting described in Subsection (2)(a)(ii); and
(iii) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (2)(c)(ii) to each owner of benefitted property within the
assessment area at the owner's mailing address.
(3) (a) Upon renewal of an assessment area, any remaining revenues derived from the
levy of assessments, or any revenues derived from the sale of assets acquired with the revenues,
shall be transferred to the renewed assessment area.
(b) If the renewed assessment area includes a benefitted property that was not included
in the previous assessment area, the third party administrator may only expend revenues
described in Subsection (3)(a) on benefitted properties that were included in the previous
assessment area.
(c) If the renewed assessment area does not include a benefitted property that was
included in the previous assessment area, the third party administrator shall refund to the owner
of the benefitted property the revenues described in Subsection (3)(a) attributable to the
benefitted property.
Section 10. Section 
11-42b-110
 is enacted to read:
 11-42b-110.
Dissolution of assessment area -- Procedure -- Disposition of
revenues.
(1) The legislative body may dissolve an assessment area before the assessment area
expires as provided in this section.
(2) The legislative body may not dissolve an assessment area under Subsection (1)
unless:
(a) (i) the legislative body determines there has been a misappropriation of funds,
malfeasance, or a violation of law in connection with the management of the assessment area;
or
(ii) a petition to dissolve the assessment area:
(A) is signed by a qualified number of owners; and
(B) is submitted to the legislative body within the period described in Subsection (3);
(b) subject to Subsection (4), the legislative body gives notice of the proposed
dissolution;
(c) the legislative body holds a public meeting; and
(d) at the public meeting described in Subsection (2)(c), the legislative body adopts an
ordinance or resolution dissolving the assessment area.
(3) The owners of benefitted properties may submit to the legislative body a petition
described in Subsection (2)(a)(ii):
(a) within a 30-day period that begins after the day on which the assessment area is
designated by ordinance or resolution under Section 
11-42b-107
; or
(b) within the same 30-day period during each subsequent year in which the assessment
area exists.
(4) The notice described in Subsection (2)(b) shall:
(a) state:
(i) the reasons for the proposed dissolution; and
(ii) the date, time, and place of the public meeting described in Subsection (2)(c);
(b) (i) be posted in at least three public places within the specified county's geographic
boundaries at least 20 but not more than 35 days before the day of the public meeting described
in Subsection (2)(c); and
(ii) be published on the Utah Public Notice Website described in Section 
63A-16-601
for four weeks before the public meeting described in Subsection (2)(c); and
(c) be mailed, postage prepaid, within 10 days after the first publication or posting of
the notice under Subsection (4)(b) to each owner of benefitted property within the assessment
area at the owner's mailing address.
(5) Upon the dissolution of an assessment area, the third party administrator shall
return to the owner of each benefitted property any remaining revenues attributable to the
benefitted property.
Section 11. Section 
11-42b-111
 is enacted to read:
 11-42b-111.
Action to contest assessment or proceeding.
(1) A person who contests an assessment or any proceeding to designate an assessment
area may commence a civil action against the specified county to:
(a) set aside a proceeding to designate an assessment area; or
(b) enjoin the levy or collection of an assessment.
(2) A person bringing an action under Subsection (1) shall bring the action in the
district court with jurisdiction in the specified county.
(3) (a) Except as provided in Subsection (3)(b), a person may not begin the action
against or serve a summons relating to the action on the specified county more than 30 days
after:
(i) the effective date of the designation ordinance or resolution adopted under Section
11-42b-107
, if the action relates to the designation of an assessment area or the levying of an
assessment; or
(ii) the effective date of the ordinance or resolution adopted under Section 
11-42b-108
,
if the action relates to the levying of an assessment under an amended management plan.
(b) If each benefitted property within an assessment area consents to the designation of
the assessment area and the levying of an assessment, or if each benefitted property within an
assessment area consents to the amendments to the management plan, as applicable, a person
may not bring an action against or serve a summons relating to the action on the specified
county more than 15 days after:
(i) the effective date of the designation ordinance or resolution adopted under Section
11-42b-107
, if the action relates to the designation of an assessment area or the levying of an
assessment; or
(ii) the effective date of the ordinance or resolution adopted under Section 
11-42b-108
,
if the action relates to the levying of an assessment under an amended management plan.
(4) An action under Subsection (1) is the exclusive remedy of a person who contests an
assessment or any proceeding to designate an assessment area.
(5) A court may not set aside, in part or in whole or declare invalid an assessment, a
proceeding to designate an assessment area, or a proceeding to levy an assessment that meets
the requirements of Section 
11-42b-102
 because of an error or irregularity that does not relate
to the equity or justice of the assessment or proceeding.
(6) (a) A person may bring a claim of misuse of assessment funds through a mandamus
action regardless of the expiration of the period for bringing an action under Subsection (3).
(b) This section does not prohibit the filing of criminal charges against or the
prosecution of a party for the misuse of assessment funds.
Section 12. Section 
11-42b-112
 is enacted to read:
 11-42b-112.
No limitation on other county powers.
(1) This chapter does not limit a power that a specified county has under other
applicable law to:
(a) make an improvement or provide a service;
(b) create a district;
(c) levy an assessment or tax; or
(d) issue a bond or a refunding bond.
(2) If there is a conflict between a provision of this chapter and any other statutory
provision, the provision of this chapter governs.
Section 13. Section 
11-42b-113
 is enacted to read:
 11-42b-113.
Severability.
A court's invalidation of any provision of this chapter does not affect the validity of any
other provision of this chapter.