Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 21 Fifth Substitute (2023GS)

Sponsor

Rep. Briscoe, J.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a local school board holding an open meeting to allow a reasonable opportunity for the public to provide verbal comments at the meeting, subject to certain exceptions;
• requires a local school board to adopt a written policy allowing public comment in a public meeting;
• permits a public body of a local district or special service district to convene and conduct an electronic meeting in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

OPEN AND PUBLIC MEETINGS ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel K. Briscoe
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill modifies the Open and Public Meetings Act relating to public comment
requirements and electronic meetings for certain public bodies.
Highlighted Provisions:
This bill:
▸ requires a local school board holding an open meeting to allow a reasonable
opportunity for the public to provide verbal comments at the meeting, subject to
certain exceptions;
▸ requires a local school board to adopt a written policy allowing public comment in a
public meeting;
▸ permits a public body of a local district or special service district to convene and
conduct an electronic meeting in certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-59-204
, as last amended by Laws of Utah 2021, Chapter 415
17B-1-302
, as last amended by Laws of Utah 2022, Chapter 381
17D-1-102
, as last amended by Laws of Utah 2014, Chapter 377
17D-1-304
, as last amended by Laws of Utah 2014, Chapter 377
52-4-202
, as last amended by Laws of Utah 2021, Chapters 84, 345
52-4-207
, as last amended by Laws of Utah 2022, Chapters 24, 402
63H-1-202
, as last amended by Laws of Utah 2022, Chapters 274, 463
ENACTS:
17D-1-307
, Utah Code Annotated 1953
52-4-201.3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-59-204
 is amended to read:
11-59-204.
Applicability of other law -- Coordination with municipality.
(1) The authority and the point of the mountain state land are not subject to:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
(b) the jurisdiction of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
Special Service District Act, except to the extent that:
(i) some or all of the point of the mountain state land is, on May 8, 2018, included
within the boundary of a local district or special service district; and
(ii) the authority elects to receive service from the local district or special service
district for the point of the mountain state land that is included within the boundary of the local
district or special service district, respectively.
(2) In formulating and implementing a development plan for the point of the mountain
state land, the authority shall consult with officials of the municipality within which the point
of the mountain state land is located on planning and zoning matters.
(3) The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
,
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed
by Title 63E, Independent Entities Code.
(4) Nothing in this chapter may be construed to remove the point of the mountain state
land from the service area of the municipality in which the point of the mountain state land is
located, for purposes of water, sewer, and other similar municipal services currently being
provided.
(5) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act,
except that for an electronic meeting of the authority board that otherwise complies with
Section 
52-4-207
, the authority board:
(a) is not required to establish an anchor location; and
(b) may convene and conduct the meeting without the [
written
] determination
otherwise required under [
Subsection 
52-4-207
(4)
] 
Subsection 
52-4-207
(5)(a)(i)
. 
Section 2. Section 
17B-1-302
 is amended to read:
17B-1-302.
Board member qualifications -- Number of board members.
(1) Except as provided in Section 
17B-2a-905
, each member of a local district board of
trustees shall be:
(a) a registered voter at the location of the member's residence; and
(b) except as otherwise provided in Subsection (2) or (3), a resident within:
(i) the boundaries of the local district; and
(ii) if applicable, the boundaries of the division of the local district from which the
member is elected or appointed.
(2) (a) As used in this Subsection (2):
(i) "Proportional number" means the number of members of a board of trustees that
bears, as close as mathematically possible, the same proportion to all members of the board that
the number of seasonally occupied homes bears to all residences within the district that receive
service from the district.
(ii) "Seasonally occupied home" means a single-family residence:
(A) that is located within the local district;
(B) that receives service from the local district; and
(C) [
whose owner does not reside permanently at the residence but may occupy the
residence on a temporary or seasonal basis
] 
whose owner occupies the residence on a
temporary or seasonal basis, rather than as the principal place of residence as defined in Section
20A-2-105
.
(b) If over 50% of the residences within a local district that receive service from the
local district are seasonally occupied homes, the requirement under Subsection (1)(b) is
replaced, for a proportional number of members of the board of trustees, with the requirement
that the member be an owner of land, or an agent or officer of the owner of land[
, that
]:
(i) 
that
 receives
, or intends to receive,
 service from the district; and
(ii) 
that
 is located within the local district and, if applicable, the division from which
the member is elected.
(3) (a) For a board of trustees member in a basic local district, or in any other type of
local district that is located solely within a county of the fourth, fifth, or sixth class, that has
within the district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
requirement under Subsection (1)(b) may be replaced by the requirement that the member be
:
(i)
 a resident within the boundaries of the local district[
, or that the member
]
; or
(ii)
 [
be
] an owner of land
, or an agent or officer of the owner of land,
 within the local
district that receives
, or intends to receive,
 service from the district [
or an agent or officer of the
owner
].
(b) A member of the board of trustees of a service area described in Subsection
17B-2a-905
(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
not subject to the requirements described in Subsection (1)(b) if the elected official was elected
at large by the voters of the county.
(c) Notwithstanding Subsection (1)(b) and except as provided in Subsection (3)(d), the
county legislative body may appoint to the local district board one of the county legislative
body's own members, regardless of whether the member resides within the boundaries
described in Subsection (1)(b), if:
(i) the county legislative body satisfies the procedures to fill a vacancy described in:
(A) for the appointment of a new board member, Subsections 
17B-1-304
(2) and (3); or
(B) for an appointment to fill a midterm vacancy, Subsection 
20A-1-512
(1)(a)(ii) or
Subsection 
20A-1-512
(2);
(ii) fewer qualified candidates timely file to be considered for appointment to the local
district board than are necessary to fill the board;
(iii) the county legislative body appoints each of the qualified candidates who timely
filed to be considered for appointment to the board; and
(iv) the county legislative body appoints a member of the body to the local district
board, in accordance with Subsection 
17B-1-304
(6) or Subsection 
20A-1-512
(1)(c), who was:
(A) elected at large by the voters of the county;
(B) elected from a division of the county that includes more than 50% of the
geographic area of the local district; or
(C) if the local district is divided into divisions under Section 
17B-1-306.5
, elected
from a division of the county that includes more than 50% of the geographic area of the
division of the local district in which there is a board vacancy.
(d) If it is necessary to reconstitute the board of trustees of a local district located solely
within a county of the fourth, fifth, or sixth class because the term of a majority of the members
of the board has expired without new trustees having been elected or appointed as required by
law, even if sufficient qualified candidates timely file to be considered for a vacancy on the
board, the county legislative body may appoint to the local district board no more than one of
the county legislative body's own members who does not satisfy the requirements of
Subsection (1).
(4) (a) Except as otherwise provided by statute, the number of members of each board
of trustees of a local district that has nine or fewer members shall have an odd number of
members that is no fewer than three.
(b) If a board of trustees of a local district has more than nine members, the number of
members may be odd or even.
(5) For a newly created local district, the number of members of the initial board of
trustees shall be the number specified:
(a) for a local district whose creation was initiated by a petition under Subsection
17B-1-203
(1)(a), (b), or (c), in the petition; or
(b) for a local district whose creation was initiated by a resolution under Subsection
17B-1-203
(1)(d) or (e), in the resolution.
(6) (a) For an existing local district, the number of members of the board of trustees
may be changed by a two-thirds vote of the board of trustees.
(b) No change in the number of members of a board of trustees under Subsection (6)(a)
may:
(i) violate Subsection (4); or
(ii) serve to shorten the term of any member of the board.
Section 3. Section 
17D-1-102
 is amended to read:
17D-1-102.
Definitions.
As used in this chapter:
(1) "Adequate protests" means written protests timely filed by:
(a) the owners of private real property that:
(i) is located within the applicable area;
(ii) covers at least 25% of the total private land area within the applicable area; and
(iii) is equal in value to at least 15% of the value of all private real property within the
applicable area; or
(b) registered voters residing within the applicable area equal in number to at least 25%
of the number of votes cast in the applicable area for the office of president of the United States
at the most recent election prior to the adoption of the resolution or filing of the petition.
(2) "Applicable area" means:
(a) for a proposal to create a special service district, the area included within the
proposed special service district;
(b) for a proposal to annex an area to an existing special service district, the area
proposed to be annexed;
(c) for a proposal to add a service to the service or services provided by a special
service district, the area included within the special service district; and
(d) for a proposal to consolidate special service districts, the area included within each
special service district proposed to be consolidated.
(3) "Facility" or "facilities" includes any structure, building, system, land, water right,
water, or other real or personal property required to provide a service that a special service
district is authorized to provide, including any related or appurtenant easement or right-of-way,
improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
(4) "General obligation bond":
(a) means a bond that is directly payable from and secured by ad valorem property
taxes that are:
(i) levied:
(A) by the county or municipality that created the special service district that issues the
bond; and
(B) on taxable property within the special service district; and
(ii) in excess of the ad valorem property taxes for the current fiscal year; and
(b) does not include:
(i) a short-term bond;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(5) "Governing body" means:
(a) the legislative body of the county or municipality that creates the special service
district, to the extent that the county or municipal legislative body has not delegated authority
to an administrative control board created under Section 
17D-1-301
; or
(b) the administrative control board of the special service district, to the extent that the
county or municipal legislative body has delegated authority to an administrative control board
created under Section 
17D-1-301
.
(6) "Guaranteed bonds" means bonds:
(a) issued by a special service district; and
(b) the debt service of which is guaranteed by one or more taxpayers owning property
within the special service district.
(7) "Local district" has the same meaning as defined in Section 
17B-1-102
.
(8) "Revenue bond":
(a) means a bond payable from designated taxes or other revenues other than the ad
valorem property taxes of the county or municipality that created the special service district;
and
(b) does not include:
(i) an obligation constituting an indebtedness within the meaning of an applicable
constitutional or statutory debt limit;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(9) "Seasonally occupied home" means a single-family residence:
(a) that is located within the special service district;
(b) that receives service from the special service district; and
(c) whose owner occupies the residence on a temporary or seasonal basis, rather than as
the principal place of residence as defined in Section 
20A-2-105
.
[
(9)
] 
(10)
 "Special assessment" means an assessment levied against property to pay all
or a portion of the costs of making improvements that benefit the property.
[
(10)
] 
(11)
 "Special assessment bond" means a bond payable from special assessments.
[
(11)
] 
(12)
 "Special service district" means a limited purpose local government entity,
as described in Section 
17D-1-103
, that:
(a) is created under authority of the Utah Constitution Article XI, Section 7; and
(b) operates under, is subject to, and has the powers set forth in this chapter.
[
(12)
] 
(13)
 "Tax and revenue anticipation bond" means a bond:
(a) issued in anticipation of the collection of taxes or other revenues or a combination
of taxes and other revenues; and
(b) that matures within the same fiscal year as the fiscal year in which the bond is
issued.
Section 4. Section 
17D-1-304
 is amended to read:
17D-1-304.
Qualifications of administrative control board members -- Term of
office.
(1) (a) Except as provided in Subsection (1)(b), each member of an administrative
control board shall be:
(i) a registered voter within the special service district;
(ii) an officer or employee of the county or municipality that created the special service
district; or
(iii) [
if over 50% of the residences within a special service district are seasonally
occupied homes, as defined in Section 
17B-1-302
, an owner of land, or an agent or officer of
an owner of land, that receives services from the special service district and is located within
the special service district, provided that the number of members appointed under this
Subsection (1)(a)(iii) comprises less than a quorum of the board.
] 
an owner of land, or an agent
or officer of the owner of land, located within the special service district that receives, or
intends to receive, service from the special service district, if:
(A) at least 60% of the residences within the special service district are seasonally
occupied homes; or
(B) more than 50%, but less than 60%, of the residences within the special service
district are seasonally occupied homes, if the number of members appointed under this
Subsection (1)(a)(iii)(B) comprises less than a quorum of the board.
(b) Subsection (1)(a) does not apply if:
(i) at least 90% of the owners of real property within the special service district are not
registered voters within the special service district; or
(ii) the member is appointed under Subsection 
17D-1-303
(3) or (4).
(2) (a) Except as provided in Subsection (2)(b), the term of each member of an
administrative control board is four years.
(b) The term of as close as possible to half of the initial members of an administrative
control board, chosen by lot, is two years.
Section 5. Section 
17D-1-307
 is enacted to read:
 17D-1-307.
Meetings of administrative control board.
(1) (a) Each meeting of the administrative control board shall comply with Title 52,
Chapter 4, Open and Public Meetings Act.
(b) Subject to Subsection (2), an administrative control board shall:
(i) adopt rules of order and procedure to govern a public meeting of the administrative
control board;
(ii) conduct a public meeting in accordance with the rules of order and procedure
described in Subsection (1)(b)(i); and
(iii) make the rules of order and procedure described in Subsection (1)(b)(i) available
to the public:
(A) at each meeting of the administrative control board; and
(B) if the special service district has a public website, on the website.
(2) Subsection (1)(b) does not affect the administrative control board's duty to comply
with Title 52, Chapter 4, Open and Public Meetings Act.
Section 6. Section 
52-4-201.3
 is enacted to read:
 52-4-201.3.
Local school boards -- Public comment.
(1) As used in this section, "local school board" means a board elected under Title
20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.
(2) (a) A local school board holding a meeting that is open to the public under Section
52-4-201
 shall allow a reasonable opportunity for the public to provide verbal comments that
are germane to the authority of the local school board.
(b) Subsection (2)(a) does not apply to a meeting that is:
(i) a work session; or
(ii) an emergency meeting as described in Subsection 
52-4-202
(5).
(3) No later than July 1, 2023, a local school board shall adopt a written policy that
provides a reasonable opportunity for the public to provide both verbal and written comments
in a meeting of the local school board that:
(a) is open to the public; and
(b) is not a meeting described in Subsection (2)(b).
(4) The written policy described in Subsection (3) may limit public verbal and written
comments to topics that are germane to the authority of the local school board.
Section 7. Section 
52-4-202
 is amended to read:
52-4-202.
Public notice of meetings -- Emergency meetings.
(1) (a) (i) A public body shall give not less than 24 hours' public notice of each
meeting.
(ii) A specified body shall give not less than 24 hours' public notice of each meeting
that the specified body holds on the capitol hill complex.
(b) The public notice required under Subsection (1)(a) shall include the meeting:
(i) agenda;
(ii) date;
(iii) time; and
(iv) place.
(2) (a) In addition to the requirements under Subsection (1), a public body which holds
regular meetings that are scheduled in advance over the course of a year shall give public
notice at least once each year of its annual meeting schedule as provided in this section.
(b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
the scheduled meetings.
(3) (a) A public body or specified body satisfies a requirement for public notice by:
(i) posting written notice:
(A) except for an electronic meeting held without an anchor location under [
Subsection
52-4-207
(4)
] 
Subsection 
52-4-207
(5)
, at the principal office of the public body or specified
body, or if no principal office exists, at the building where the meeting is to be held; and
(B) on the Utah Public Notice Website created under Section 
63A-16-601
; and
(ii) providing notice to:
(A) at least one newspaper of general circulation within the geographic jurisdiction of
the public body; or
(B) a local media correspondent.
(b) A public body or specified body is in compliance with the provisions of Subsection
(3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
of Subsection 
63A-16-601
(4)(d).
(c) A public body whose limited resources make compliance with Subsection
(3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
Section 
63A-12-101
, to provide technical assistance to help the public body in its effort to
comply.
(4) A public body and a specified body are encouraged to develop and use additional
electronic means to provide notice of their meetings under Subsection (3).
(5) (a) The notice requirement of Subsection (1) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a public body or specified
body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the public body or specified body gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a public body may not be held unless:
(i) an attempt has been made to notify all the members of the public body; and
(ii) a majority of the members of the public body approve the meeting.
(6) (a) A public notice that is required to include an agenda under Subsection (1) shall
provide reasonable specificity to notify the public as to the topics to be considered at the
meeting. Each topic shall be listed under an agenda item on the meeting agenda.
(b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
member of the public body, a topic raised by the public may be discussed during an open
meeting, even if the topic raised by the public was not included in the agenda or advance public
notice for the meeting.
(c) Except as provided in Subsection (5), relating to emergency meetings, a public
body may not take final action on a topic in an open meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (6)(a); and
(ii) included with the advance public notice required by this section.
(7) Except as provided in this section, this chapter does not apply to a specified body.
Section 8. Section 
52-4-207
 is amended to read:
52-4-207.
Electronic meetings -- Authorization -- Requirements.
(1) Except as otherwise provided for a charter school in Section 
52-4-209
, a public
body may convene and conduct an electronic meeting in accordance with this section.
(2) (a) A public body may not hold an electronic meeting unless the public body has
adopted a resolution, rule, or ordinance governing the use of electronic meetings.
(b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an
electronic meeting [
held after December 31, 2022,
] shall establish the conditions under which a
remote member is included in calculating a quorum.
(c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
(i) prohibit or limit electronic meetings based on budget, public policy, or logistical
considerations;
(ii) require a quorum of the public body to:
(A) be present at a single anchor location for the meeting; and
(B) vote to approve establishment of an electronic meeting in order to include other
members of the public body through an electronic connection;
(iii) require a request for an electronic meeting to be made by a member of a public
body up to three days prior to the meeting to allow for arrangements to be made for the
electronic meeting;
(iv) restrict the number of separate connections for members of the public body that are
allowed for an electronic meeting based on available equipment capability;
(v) if the public body is statutorily authorized to allow a member of the public body to
act by proxy, establish the conditions under which a member may vote or take other action by
proxy; or
(vi) establish other procedures, limitations, or conditions governing electronic meetings
not in conflict with this section.
(3) A public body that convenes and conducts an electronic meeting shall:
(a) give public notice of the electronic meeting in accordance with Section 
52-4-202
;
(b) except for an electronic meeting described in Subsection (5), post written notice of
the electronic meeting at the anchor location; and
(c) except as otherwise provided in a rule of the Legislature applicable to the public
body, at least 24 hours before the electronic meeting is scheduled to begin, provide each
member of the public body a description of how to electronically connect to the meeting.
(4) (a) Except as provided in Subsection (5), a public body that convenes and conducts
an electronic meeting shall provide space and facilities at an anchor location for members of
the public to attend the open portions of the meeting.
(b) A public body that convenes and conducts an electronic meeting may provide
means by which members of the public [
who are not physically present at the anchor location
]
may attend the meeting remotely by electronic means.
(5) Subsection (4)(a) does not apply to an electronic meeting if:
(a) (i) the chair of the public body determines that:
(A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
to the health or safety of those present or who would otherwise be present at the anchor
location; or
(B) the location where the public body would normally meet has been ordered closed
to the public for health or safety reasons; and
(ii) the public notice for the meeting includes:
(A) a statement describing the chair's determination under Subsection (5)(a)(i);
(B) a summary of the facts upon which the chair's determination is based; and
(C) information on how a member of the public may attend the meeting remotely by
electronic means; [
or
]
(b) (i) during the course of the electronic meeting, the chair:
(A) determines that continuing to conduct the electronic meeting as provided in
Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
anchor location; and
(B) announces during the electronic meeting the chair's determination under Subsection
(5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
(ii) in convening the electronic meeting, the public body has provided means by which
members of the public who are not physically present at the anchor location may attend the
electronic meeting remotely by electronic means[
.
]
;
(c) (i) the public body is a local district board of trustees established under Title 17B,
Chapter 1, Part 3, Board of Trustees;
(ii) the board of trustees' membership consists of:
(A) at least two members who are elected or appointed to the board as owners of land,
or as an agent or officer of the owners of land, under the criteria described in Subsection
17B-1-302
(2)(b); or
(B) at least one member who is elected or appointed to the board as an owner of land,
or as an agent or officer of the owner of land, under the criteria described in Subsection
17B-1-302
(3)(a)(ii);
(iii) the public notice required under Subsection 
52-4-202
(3)(a)(i)(B) for the electronic
meeting includes information on how a member of the public may attend the meeting remotely
by electronic means; and
(iv) the board of trustees allows members of the public attending the meeting by
remote electronic means to participate in the meeting; or
(d) (i) the public body is a special service district administrative control board
established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
(ii) the administrative control board's membership consists of:
(A) at least one member who is elected or appointed to the board as an owner of land,
or as an agent or officer of the owner of land, under the criteria described in Subsection
17D-1-304
(1)(a)(iii)(A) or (B), as applicable; or
(B) members that qualify for election or appointment to the board because the owners
of real property in the special service district meet or exceed the threshold percentage described
in Subsection 
17D-1-304
(1)(b)(i);
(iii) the public notice required under Subsection 
52-4-202
(3)(a)(i)(B) for the electronic
meeting includes information on how a member of the public may attend the meeting remotely
by electronic means; and
(iv) the administrative control board allows members of the public attending the
meeting by remote electronic means to participate in the meeting.
(6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which
the chair of the public body makes the determination.
(7) Compliance with the provisions of this section by a public body constitutes full and
complete compliance by the public body with the corresponding provisions of Sections
52-4-201
 and 
52-4-202
.
(8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection
(2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to
vote or otherwise act by proxy.
(9) Except for a unanimous vote, a public body that is conducting an electronic
meeting shall take all votes by roll call.
Section 9. Section 
63H-1-202
 is amended to read:
63H-1-202.
Applicability of other law.
(1) As used in this section:
(a) "Subsidiary" means an authority subsidiary that is a public body as defined in
Section 
52-4-103
.
(b) "Subsidiary board" means the governing body of a subsidiary.
(2) The authority or land within a project area is not subject to:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
(c) ordinances or regulations of a county or municipality, including those relating to
land use, health, business license, or franchise; or
(d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
Special Service District Act.
(3) The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
,
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed
by Title 63E, Independent Entities Code.
(4) (a) The definitions in Section 
57-8-3
 apply to this Subsection (4).
(b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
Act, or any other provision of law:
(i) if the military is the owner of land in a project area on which a condominium project
is constructed, the military is not required to sign, execute, or record a declaration of a
condominium project; and
(ii) if a condominium unit in a project area is owned by the military or owned by the
authority and leased to the military for $1 or less per calendar year, not including any common
charges that are reimbursements for actual expenses:
(A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
Condominium Ownership Act;
(B) condominium unit owners within the same building or commercial condominium
project may agree on any method of allocation and payment of common area expenses,
regardless of the size or par value of each unit; and
(C) the condominium project may not be dissolved without the consent of all the
condominium unit owners.
(5) Notwithstanding any other provision, when a law requires the consent of a local
government, the authority is the consenting entity for a project area.
(6) (a) A department, division, or other agency of the state and a political subdivision
of the state shall cooperate with the authority to the fullest extent possible to provide whatever
support, information, or other assistance the authority requests that is reasonably necessary to
help the authority fulfill the authority's duties and responsibilities under this chapter.
(b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
a project area located within the boundary of the political subdivision.
(7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
Public Meetings Act, except that:
(i) notwithstanding Section 
52-4-104
, the timing and nature of training to authority
board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
and Public Meetings Act, may be determined by:
(A) the board chair, for the authority board; or
(B) the subsidiary board chair, for a subsidiary board;
(ii) authority staff may adopt a rule governing the use of electronic meetings under
Section 
52-4-207
, if, under Subsection 
63H-1-301
(3), the board delegates to authority staff the
power to adopt the rule; and
(iii) for an electronic meeting of the authority board or subsidiary board that otherwise
complies with Section 
52-4-207
, the authority board or subsidiary board, respectively:
(A) is not required to establish an anchor location; and
(B) may convene and conduct the meeting without the [
written
] determination
otherwise required under [
Subsection 
52-4-207
(4)
] 
Subsection 
52-4-207
(5)(a)(i)
.
(b) Except as provided in Subsection (7)(c), the authority is not required to physically
post notice notwithstanding any other provision of law.
(c) The authority shall physically post notice in accordance with Subsection
52-4-202
(3)(a)(i).
(8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
Records Access and Management Act, except that:
(a) notwithstanding Section 
63G-2-701
:
(i) the authority may establish an appeals board consisting of at least three members;
(ii) an appeals board established under Subsection (8)(a)(i) shall include:
(A) one of the authority board members appointed by the governor;
(B) the authority board member appointed by the president of the Senate; and
(C) the authority board member appointed by the speaker of the House of
Representatives; and
(iii) an appeal of a decision of an appeals board is to district court, as provided in
Section 
63G-2-404
, except that the State Records Committee is not a party; and
(b) a record created or retained by the authority or a subsidiary acting in the role of a
facilitator under Subsection 
63H-1-201
(3)(v) is a protected record under Title 63G, Chapter 2,
Government Records Access and Management Act.
(9) The authority or a subsidiary acting in the role of a facilitator under Subsection
63H-1-201
(3)(v) is not prohibited from receiving a benefit from a public-private partnership
that results from the facilitator's work as a facilitator.
(10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
4, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
the public infrastructure district's financed infrastructure and related improvements, subject to a
maximum rate of .015.
(ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
district property tax levy for a bond.
(b) If a subsidiary created as a public infrastructure district issues a bond:
(i) the subsidiary may:
(A) delay the effective date of the property tax levy for the bond until after the period
of capitalized interest payments; and
(B) covenant with bondholders not to reduce or impair the property tax levy; and
(ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a
rate that generates more revenue than required to pay the annual debt service of the bond plus
administrative costs, subject to a maximum of .02.
(c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
4, Public Infrastructure District Act, may create tax areas, as defined in Section 
59-2-102
,
within the public infrastructure district and apply a different property tax rate to each tax area,
subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
(ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
may issue bonds secured by property taxes from:
(A) the entire public infrastructure district; or
(B) one or more tax areas within the public infrastructure district.
(11) (a) Terms defined in Section 
57-11-2
 apply to this Subsection (11).
(b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
offer or disposition of an interest in land if the interest in land lies within the boundaries of the
project area and the authority:
(i) (A) has a development review committee using at least one professional planner;
(B) enacts standards and guidelines that require approval of planning, land use, and
plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
control; and
(C) will have the improvements described in Subsection (11)(b)(i)(B) plus
telecommunications and electricity; and
(ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
(12) (a) As used in this Subsection (12), "officer" means the same as an officer within
the meaning of the Utah Constitution Article IV, Section 10.
(b) An official act of an officer may not be invalidated for the reason that the officer
failed to take the oath of office.