Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 22 Second Substitute (2023GS)

Sponsor

Rep. Barlow, S.

Final action

Governor Signed 2/27/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• replaces the term "local district" with the term "special district" throughout certain titles of the Utah Code;
• under certain circumstances, provides for replacement of a board of trustees of a nonfunctioning improvement district; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL DISTRICT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stewart E. Barlow
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions relating to local districts.
Highlighted Provisions:
This bill:
▸ replaces the term "local district" with the term "special district" throughout certain
titles of the Utah Code;
▸ under certain circumstances, provides for replacement of a board of trustees of a
nonfunctioning improvement district; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides retrospective operation.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
17-2-209
, as last amended by Laws of Utah 2019, Chapter 42
17-15-32
, as enacted by Laws of Utah 2018, Chapter 257
17-22-2
, as last amended by Laws of Utah 2022, Chapter 335
17-23-17
, as last amended by Laws of Utah 2022, Chapter 415
17-27a-103
, as last amended by Laws of Utah 2022, Chapter 406
17-27a-305
, as last amended by Laws of Utah 2021, Chapter 35
17-30-3
, as last amended by Laws of Utah 2009, Chapter 218
17-31-2
, as last amended by Laws of Utah 2022, Chapter 360
17-34-3
, as last amended by Laws of Utah 2015, Chapter 352
17-36-9
, as last amended by Laws of Utah 2014, Chapter 176
17-41-101
, as last amended by Laws of Utah 2022, Chapter 72
17-43-201
, as last amended by Laws of Utah 2022, Chapter 255
17-43-301
, as last amended by Laws of Utah 2022, Chapter 255
17-50-103
, as last amended by Laws of Utah 2007, Chapter 329
17-52a-503
, as last amended by Laws of Utah 2020, Chapter 47
17B-1-102
, as last amended by Laws of Utah 2021, Chapter 314
17B-1-103
, as last amended by Laws of Utah 2018, Chapter 256
17B-1-104
, as last amended by Laws of Utah 2009, Chapter 92
17B-1-104.5
, as enacted by Laws of Utah 2011, Chapter 68
17B-1-105
, as last amended by Laws of Utah 2009, Chapter 350
17B-1-106
, as last amended by Laws of Utah 2021, Chapters 84, 162, 345, and 382
17B-1-107
, as last amended by Laws of Utah 2015, Chapter 349
17B-1-110
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-111
, as last amended by Laws of Utah 2021, Chapter 355
17B-1-113
, as last amended by Laws of Utah 2019, Chapter 37
17B-1-114
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-115
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-116
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-118
, as last amended by Laws of Utah 2021, Chapter 35
17B-1-119
, as repealed and reenacted by Laws of Utah 2013, Chapter 309
17B-1-120
, as enacted by Laws of Utah 2011, Chapter 205
17B-1-121
, as last amended by Laws of Utah 2021, Chapter 35
17B-1-201
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-202
, as last amended by Laws of Utah 2020, Chapter 354
17B-1-203
, as last amended by Laws of Utah 2017, Chapter 112
17B-1-204
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-205
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-207
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-208
, as last amended by Laws of Utah 2017, Chapter 112
17B-1-209
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-210
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-211
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-212
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-213
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-214
, as last amended by Laws of Utah 2017, Chapter 404
17B-1-215
, as last amended by Laws of Utah 2014, Chapter 405
17B-1-216
, as last amended by Laws of Utah 2009, Chapter 350
17B-1-217
, as last amended by Laws of Utah 2013, Chapter 448
17B-1-301
, as last amended by Laws of Utah 2018, Chapter 424
17B-1-302
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-303
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-304
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-305
, as last amended by Laws of Utah 2014, Chapter 362
17B-1-306
, as last amended by Laws of Utah 2022, Chapters 18, 381
17B-1-306.5
, as last amended by Laws of Utah 2014, Chapter 377
17B-1-307
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-308
, as last amended by Laws of Utah 2019, Chapter 40
17B-1-310
, as last amended by Laws of Utah 2013, Chapter 448
17B-1-311
, as last amended by Laws of Utah 2021, Chapter 51
17B-1-312
, as last amended by Laws of Utah 2018, Chapter 200
17B-1-313
, as last amended by Laws of Utah 2021, Chapter 355
17B-1-314
, as enacted by Laws of Utah 2011, Chapter 106
17B-1-401
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-402
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-403
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-404
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-405
, as last amended by Laws of Utah 2009, Chapter 350
17B-1-406
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-407
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-408
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-409
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-410
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-411
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-412
, as last amended by Laws of Utah 2010, Chapter 263
17B-1-413
, as last amended by Laws of Utah 2021, Chapters 84, 345
17B-1-414
, as last amended by Laws of Utah 2020, Chapter 122
17B-1-415
, as last amended by Laws of Utah 2011, Chapter 223
17B-1-416
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-417
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-418
, as last amended by Laws of Utah 2015, Chapter 349
17B-1-501
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-502
, as last amended by Laws of Utah 2016, Chapters 176, 348
17B-1-503
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
17B-1-504
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-505
, as last amended by Laws of Utah 2017, Chapter 404
17B-1-505.5
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-506
, as last amended by Laws of Utah 2011, Chapter 297
17B-1-507
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-508
, as last amended by Laws of Utah 2015, Chapter 436
17B-1-509
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-510
, as last amended by Laws of Utah 2015, Chapter 436
17B-1-511
, as last amended by Laws of Utah 2014, Chapter 377
17B-1-512
, as last amended by Laws of Utah 2017, Chapter 404
17B-1-513
, as last amended by Laws of Utah 2016, Chapter 140
17B-1-601
, as last amended by Laws of Utah 2014, Chapter 253
17B-1-602
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-603
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-604
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-605
, as last amended by Laws of Utah 2013, Chapter 295
17B-1-606
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-607
, as last amended by Laws of Utah 2015, Chapter 436
17B-1-608
, as last amended by Laws of Utah 2022, Chapter 330
17B-1-609
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-612
, as last amended by Laws of Utah 2021, Chapter 339
17B-1-613
, as last amended by Laws of Utah 2016, Chapter 353
17B-1-614
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-615
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-617
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-618
, as last amended by Laws of Utah 2022, Chapter 381
17B-1-619
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-620
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-621
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-623
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-626
, as last amended by Laws of Utah 2014, Chapter 253
17B-1-627
, as last amended by Laws of Utah 2009, Chapter 204
17B-1-629
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-631
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-632
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-633
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-635
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-639
, as last amended by Laws of Utah 2013, Chapter 448
17B-1-640
, as last amended by Laws of Utah 2013, Chapter 448
17B-1-641
, as last amended by Laws of Utah 2018, Chapter 256
17B-1-642
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-643
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
17B-1-644
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-645
, as enacted by Laws of Utah 2010, Chapter 171
17B-1-701
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-702
, as last amended by Laws of Utah 2018, Chapter 424
17B-1-703
, as last amended by Laws of Utah 2018, Chapter 424
17B-1-801
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-802
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-803
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-804
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-805
, as enacted by Laws of Utah 2018, Chapter 154
17B-1-901
, as last amended by Laws of Utah 2015, Chapter 260
17B-1-902
, as last amended by Laws of Utah 2018, Chapter 197
17B-1-902.1
, as enacted by Laws of Utah 2015, Chapter 349
17B-1-903
, as last amended by Laws of Utah 2015, Chapter 349
17B-1-904
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-905
, as enacted by Laws of Utah 2011, Chapter 106
17B-1-906
, as enacted by Laws of Utah 2011, Chapter 106
17B-1-1001
, as last amended by Laws of Utah 2019, Chapter 255
17B-1-1002
, as last amended by Laws of Utah 2015, Chapter 352
17B-1-1003
, as last amended by Laws of Utah 2019, Chapter 255
17B-1-1101
, as last amended by Laws of Utah 2008, Chapter 360
17B-1-1102
, as last amended by Laws of Utah 2021, Chapters 314, 415
17B-1-1103
, as last amended by Laws of Utah 2008, Chapter 360
17B-1-1104
, as last amended by Laws of Utah 2008, Chapter 360
17B-1-1105
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-1107
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-1201
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-1202
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-1204
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-1207
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-1301
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-1302
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-1303
, as last amended by Laws of Utah 2017, Chapter 248
17B-1-1304
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-1305
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-1306
, as last amended by Laws of Utah 2017, Chapter 248
17B-1-1307
, as last amended by Laws of Utah 2021, Chapters 84, 345 and 355
17B-1-1308
, as last amended by Laws of Utah 2017, Chapter 248
17B-1-1309
, as enacted by Laws of Utah 2017, Chapter 248
17B-1-1310
, as enacted by Laws of Utah 2017, Chapter 248
17B-1-1401
, as enacted by Laws of Utah 2007, Chapter 329
17B-1-1402
, as last amended by Laws of Utah 2011, Chapter 68
17B-1-1403
, as enacted by Laws of Utah 2020, Chapter 122
17B-2a-102
, as last amended by Laws of Utah 2014, Chapter 194
17B-2a-104
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-203
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-205
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-209
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-303
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-304
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-402
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-403
, as last amended by Laws of Utah 2016, Chapters 273, 346
17B-2a-502
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-503
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-602
, as last amended by Laws of Utah 2019, Chapter 430
17B-2a-603
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-702
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-703
, as last amended by Laws of Utah 2019, Chapter 37
17B-2a-802
, as last amended by Laws of Utah 2022, Chapters 69, 406
17B-2a-803
, as last amended by Laws of Utah 2016, Chapter 273 and last amended by
Coordination Clause, Laws of Utah 2016, Chapter 273
17B-2a-804
, as last amended by Laws of Utah 2022, Chapters 69, 406
17B-2a-817
, as last amended by Laws of Utah 2013, Chapter 415
17B-2a-902
, as last amended by Laws of Utah 2014, Chapter 189
17B-2a-903
, as last amended by Laws of Utah 2009, Chapter 218
17B-2a-904
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-907
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-2a-1003
, as last amended by Laws of Utah 2019, Chapter 430
17B-2a-1004
, as last amended by Laws of Utah 2011, Chapter 47
17B-2a-1007
, as last amended by Laws of Utah 2021, Chapter 355
17B-2a-1102
, as last amended by Laws of Utah 2015, Chapter 352
17B-2a-1104
, as last amended by Laws of Utah 2022, Chapter 381
17B-2a-1106
, as last amended by Laws of Utah 2019, Chapter 24
17C-1-102
, as last amended by Laws of Utah 2021, Chapter 214
17C-1-409
, as last amended by Laws of Utah 2022, Chapter 307
17D-1-102
, as last amended by Laws of Utah 2014, Chapter 377
17D-1-103
, as last amended by Laws of Utah 2020, Chapter 354
17D-1-106
, as last amended by Laws of Utah 2020, Chapter 122
17D-1-202
, as enacted by Laws of Utah 2008, Chapter 360
17D-1-303
, as last amended by Laws of Utah 2014, Chapter 377
17D-1-305
, as enacted by Laws of Utah 2008, Chapter 360
17D-1-401
, as last amended by Laws of Utah 2015, Chapter 437
17D-1-601
, as last amended by Laws of Utah 2013, Chapter 371
17D-1-603
, as last amended by Laws of Utah 2013, Chapter 371
17D-1-604
, as enacted by Laws of Utah 2013, Chapter 371
17D-2-102
, as enacted by Laws of Utah 2008, Chapter 360
17D-2-108
, as last amended by Laws of Utah 2012, Chapter 347
17D-3-105
, as last amended by Laws of Utah 2020, Chapter 122
17D-4-102
, as last amended by Laws of Utah 2022, Chapters 82, 237
17D-4-103
, as renumbered and amended by Laws of Utah 2021, Chapter 314
17D-4-201
, as renumbered and amended by Laws of Utah 2021, Chapter 314
17D-4-203
, as last amended by Laws of Utah 2022, Chapter 82
17D-4-204
, as renumbered and amended by Laws of Utah 2021, Chapter 314
17D-4-301
, as last amended by Laws of Utah 2022, Chapter 207
20A-1-102
, as last amended by Laws of Utah 2022, Chapters 18, 170
20A-1-201
, as last amended by Laws of Utah 2014, Chapter 362
20A-1-202
, as last amended by Laws of Utah 2014, Chapter 362
20A-1-206
, as last amended by Laws of Utah 2022, Chapter 167
20A-1-512
, as last amended by Laws of Utah 2021, Chapters 77, 84 and 345
20A-1-513
, as last amended by Laws of Utah 2021, Chapter 93
20A-2-101
, as last amended by Laws of Utah 2019, Chapter 433
20A-3a-102
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-3a-104
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-3a-501
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 17
20A-3a-605
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-4-301
, as last amended by Laws of Utah 2014, Chapter 377
20A-4-304
, as last amended by Laws of Utah 2022, Chapter 342
20A-4-305
, as last amended by Laws of Utah 2008, Chapter 228
20A-4-401
, as last amended by Laws of Utah 2020, Chapter 31
20A-5-302
, as last amended by Laws of Utah 2020, Chapters 31, 49
20A-5-400.5
, as last amended by Laws of Utah 2013, Chapter 415
20A-5-401
, as last amended by Laws of Utah 2020, Chapter 31
20A-5-403
, as last amended by Laws of Utah 2022, Chapter 18
20A-5-407
, as last amended by Laws of Utah 2020, Chapter 31
20A-5-601
, as last amended by Laws of Utah 2022, Chapter 18
20A-5-602
, as last amended by Laws of Utah 2020, Chapter 31
20A-9-101
, as last amended by Laws of Utah 2022, Chapters 13, 325
20A-9-503
, as last amended by Laws of Utah 2022, Chapters 13, 18
20A-11-101
, as last amended by Laws of Utah 2022, Chapter 126
20A-11-1202
, as last amended by Laws of Utah 2020, Chapter 365
20A-17-103
, as enacted by Laws of Utah 2015, Chapter 106
ENACTS:
17B-2a-407
, Utah Code Annotated 1953
REPEALS:
17B-1-101
, as enacted by Laws of Utah 2007, Chapter 329
17B-2a-101
, as enacted by Laws of Utah 2007, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-2-209
 is amended to read:
17-2-209.
Minor adjustments to county boundaries authorized -- Public hearing
-- Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor --
Recording requirements -- Effective date.
(1) (a) Counties sharing a common boundary may, in accordance with the provisions of
Subsection (2) and Article XI, Section 3, of the Utah Constitution and for purposes of real
property tax assessment and county record keeping, adjust all or part of the common boundary
to move it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with,
the closest existing property boundary of record.
(b) A boundary adjustment under Subsection (1)(a) may not create a boundary line that
divides or splits:
(i) an existing parcel;
(ii) an interest in the property; or
(iii) a claim of record in the office of recorder of either county sharing the common
boundary.
(2) The legislative bodies of both counties desiring to adjust a common boundary in
accordance with Subsection (1) shall:
(a) hold a joint public hearing on the proposed boundary adjustment;
(b) at least seven days before the public hearing described in Subsection (2)(a), provide
written notice of the proposed adjustment to:
(i) each owner of real property whose property, or a portion of whose property, may
change counties as the result of the proposed adjustment; and
(ii) any of the following whose territory, or a portion of whose territory, may change
counties as the result of the proposed boundary adjustment, or whose boundary is aligned with
any portion of the existing county boundary that is being proposed for adjustment:
(A) a city;
(B) a town;
(C) a metro township;
(D) a school district;
(E) a [
local
] 
special
 district governed by [
Title 17B, Limited Purpose Local
Government Entities - Local Districts
] 
Title 17B, Limited Purpose Local Government Entities -
Special Districts
;
(F) a special service district governed by Title 17D, Chapter 1, Special Service District
Act;
(G) an interlocal entity governed by Title 11, Chapter 13, Interlocal Cooperation Act;
(H) a community reinvestment agency governed by Title 17C, Limited Purpose Local
Government Entities - Community Reinvestment Agency Act;
(I) a local building authority governed by Title 17D, Chapter 2, Local Building
Authority Act; and
(J) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
and
(c) adopt a joint resolution approved by both county legislative bodies approving the
proposed boundary adjustment.
(3) The legislative bodies of both counties adopting a joint resolution under Subsection
(2)(c) shall:
(a) within 15 days after adopting the joint resolution, jointly send to 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
, jointly submit to the recorder of the county in which the property is
located after the boundary adjustment:
(i) the original notice of an impending boundary action;
(ii) the original certificate of boundary adjustment;
(iii) the original approved final local entity plat; and
(iv) a certified copy of the joint resolution approving the boundary adjustment.
(4) (a) As used in this Subsection (4):
(i) "Affected area" means an area that, as a result of a boundary adjustment under this
section, is moved from within the boundary of one county to within the boundary of another
county.
(ii) "Receiving county" means a county whose boundary includes an affected area as a
result of a boundary adjustment under this section.
(b) A boundary adjustment under this section takes effect on the date the lieutenant
governor issues a certificate of boundary adjustment under Section 
67-1a-6.5
.
(c) (i) The effective date of a boundary adjustment for purposes of assessing property
within an affected area is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
recorder of the county in which the property is located, a receiving county may not:
(A) levy or collect a property tax on property within an affected area;
(B) levy or collect an assessment on property within an affected area; or
(C) charge or collect a fee for service provided to property within an affected area.
(5) Upon the effective date of a boundary adjustment under this section:
(a) all territory designated to be adjusted into another county becomes the territory of
the other county; and
(b) the provisions of Sections 
17-2-207
 and 
17-2-208
 apply in the same manner as with
an annexation under this part.
Section 2. Section 
17-15-32
 is amended to read:
17-15-32.
County website listing of local government entities.
(1) As used in this section:
(a) (i) "Limited purpose entity" means a legal entity that:
(A) performs a single governmental function or limited governmental functions; and
(B) is not a state executive branch agency, a state legislative office, or within the
judicial branch.
(ii) "Limited purpose entity" includes:
(A) area agencies, area agencies on aging, and area agencies on high risk adults, as
those terms are defined in Section 
62A-3-101
;
(B) charter schools created under Title 53G, Chapter 5, Charter Schools;
(C) community reinvestment agencies, as that term is defined in Section 
17C-1-102
;
(D) conservation districts, as that term is defined in Section 
17D-3-102
;
(E) governmental nonprofit corporations, as that term is defined in Section 
11-13a-102
;
(F) housing authorities, as that term is defined in Section 
35A-8-401
;
(G) independent entities and independent state agencies, as those terms are defined in
Section 
63E-1-102
;
(H) interlocal entities, as that term is defined in Section 
11-13-103
;
(I) local building authorities, as that term is defined in Section 
17D-2-102
;
(J) [
local
] 
special
 districts, as that term is defined in Section 
17B-1-102
;
(K) local health departments, as that term is defined in Section 
26A-1-102
;
(L) nonprofit corporations that receive an amount of money requiring an accounting
report under Section 
51-2a-201.5
;
(M) school districts under Title 53G, Chapter 3, School District Creation and Change;
and
(N) special service districts, as that term is defined in Section 
17D-1-102
.
(b) "Local government entity" means a municipality, as that term is defined in Section
10-1-104
.
(2) Beginning on July 1, 2019, each county shall list on the county's website any of the
following information that the lieutenant governor publishes in a registry of local government
entities and limited purpose entities regarding each limited purpose entity and local
government entity that operates, either in whole or in part, within the county or has geographic
boundaries that overlap or are contained within the boundaries of the county:
(a) the entity's name;
(b) the entity's type of local government entity or limited purpose entity;
(c) the entity's governmental function;
(d) the entity's physical address and phone number, including the name and contact
information of an individual whom the entity designates as the primary contact for the entity;
(e) names of the members of the entity's governing board or commission, managing
officers, or other similar managers;
(f) the entity's sources of revenue; and
(g) if the entity has created an assessment area, as that term is defined in Section
11-42-102
, information regarding the creation, purpose, and boundaries of the assessment area.
Section 3. Section 
17-22-2
 is amended to read:
17-22-2.
Sheriff -- General duties.
(1) The sheriff shall:
(a) preserve the peace;
(b) make all lawful arrests;
(c) attend in person or by deputy the Supreme Court and the Court of Appeals when
required or when the court is held within his county, all courts of record, and court
commissioner and referee sessions held within his county, obey their lawful orders and
directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
Administration;
(d) upon request of the juvenile court, aid the court in maintaining order during
hearings and transport a minor to and from youth corrections facilities, other institutions, or
other designated places;
(e) attend county justice courts if the judge finds that the matter before the court
requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
custody, or for the custody of jurors;
(f) command the aid of as many inhabitants of his county as he considers necessary in
the execution of these duties;
(g) take charge of and keep the county jail and the jail prisoners;
(h) receive and safely keep all persons committed to his custody, file and preserve the
commitments of those persons, and record the name, age, place of birth, and description of
each person committed;
(i) release on the record all attachments of real property when the attachment he
receives has been released or discharged;
(j) endorse on all process and notices the year, month, day, hour, and minute of
reception, and, upon payment of fees, issue a certificate to the person delivering process or
notice showing the names of the parties, title of paper, and the time of receipt;
(k) serve all process and notices as prescribed by law;
(l) if he makes service of process or notice, certify on the process or notices the
manner, time, and place of service, or, if he fails to make service, certify the reason upon the
process or notice, and return them without delay;
(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
land within his county;
(n) perform as required by any contracts between the county and private contractors for
management, maintenance, operation, and construction of county jails entered into under the
authority of Section 
17-53-311
;
(o) for the sheriff of a county of the second through sixth class that enters into an
interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
(p) manage search and rescue services in his county;
(q) obtain saliva DNA specimens as required under Section 
53-10-404
;
(r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by considerations of
race, color, ethnicity, age, or gender;
(s) as applicable, select a representative of law enforcement to serve as a member of a
child protection team, as defined in Section 
80-1-102
; and
(t) perform any other duties that are required by law.
(2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
subsection under Subsection (1) is a class A misdemeanor.
(3) (a) As used in this Subsection (3):
(i) "Police interlocal entity" has the same meaning as defined in Sections 
17-30-3
 and
17-30a-102
.
(ii) "Police [
local
] 
special
 district" [
has the same meaning as
] 
means the same as that
term is
 defined in Section 
17-30-3
.
(b) Except as provided in Subsections (3)(c) and 
11-13-202
(4), a sheriff in a county
which includes within its boundary a police [
local
] 
special
 district or police interlocal entity, or
both:
(i) serves as the chief executive officer of each police [
local
] 
special
 district and police
interlocal entity within the county with respect to the provision of law enforcement service
within the boundary of the police [
local
] 
special
 district or police interlocal entity, respectively;
and
(ii) is subject to the direction of the police [
local
] 
special
 district board of trustees or
police interlocal entity governing body, as the case may be, as and to the extent provided by
agreement between the police [
local
] 
special
 district or police interlocal entity, respectively,
and the sheriff.
(c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
11-13-202
(4), if a police interlocal entity or police [
local
] 
special
 district enters an interlocal
agreement with a public agency, as defined in Section 
11-13-103
, for the provision of law
enforcement service, the sheriff:
(i) does not serve as the chief executive officer of any interlocal entity created under
that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
executive officer; and
(ii) shall provide law enforcement service under that interlocal agreement as provided
in the agreement.
Section 4. Section 
17-23-17
 is amended to read:
17-23-17.
Map of boundary survey -- Procedure for filing -- Contents -- Marking
of monuments -- Record of corner changes -- Penalties.
(1) As used in this section:
(a) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
Surveyors Licensing Act.
(b) (i) "Township" means a term used in the context of identifying a geographic area in
common surveyor practice.
(ii) "Township" does not mean a metro township as that term is defined in Section
10-2a-403
.
(2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
a boundary line shall file a map of the survey that meets the requirements of this section with
the county surveyor or designated office within 90 days of the establishment or reestablishment
of a boundary.
(ii) A land surveyor who fails to file a map of the survey as required by Subsection
(2)(a)(i) is guilty of an infraction.
(iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
separate violation.
(b) The county surveyor or designated office shall file and index the map of the survey.
(c) The map shall be a public record in the office of the county surveyor or designated
office.
(3) This type of map shall show:
(a) the location of survey by quarter section and township and range;
(b) the date of survey;
(c) the scale of drawing and north point;
(d) the distance and course of all lines traced or established, giving the basis of bearing
and the distance and course to two or more section corners or quarter corners, including
township and range, or to identified monuments within a recorded subdivision;
(e) all measured bearings, angles, and distances separately indicated from those of
record;
(f) a written boundary description of property surveyed;
(g) all monuments set and their relation to older monuments found;
(h) a detailed description of monuments found and monuments set, indicated
separately;
(i) the surveyor's seal or stamp; and
(j) the surveyor's business name and address.
(4) (a) The map shall contain a written narrative that explains and identifies:
(i) the purpose of the survey;
(ii) the basis on which the lines were established; and
(iii) the found monuments and deed elements that controlled the established or
reestablished lines.
(b) If the narrative is a separate document, it shall contain:
(i) the location of the survey by quarter section and by township and range;
(ii) the date of the survey;
(iii) the surveyor's stamp or seal; and
(iv) the surveyor's business name and address.
(c) The map and narrative shall be referenced to each other if they are separate
documents.
(5) The map and narrative shall be created on material of a permanent nature on stable
base reproducible material in the sizes required by the county surveyor.
(6) (a) Any monument set by a licensed professional land surveyor to mark or reference
a point on a property or land line shall be durably and visibly marked or tagged with the
registered business name or the letters "L.S." followed by the registration number of the
surveyor in charge.
(b) If the monument is set by a licensed land surveyor who is a public officer, it shall
be marked with the official title of the office.
(7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the
section corner or quarter-section corner, or their accessories, the surveyor shall complete and
submit to the county surveyor or designated office a record of the changes made.
(b) The record shall be submitted within 45 days of the corner visits and shall include
the surveyor's seal, business name, and address.
(8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
license of any land surveyor who fails to comply with the requirements of this section,
according to the procedures set forth in Title 58, Chapter 1, Division of Occupational and
Professional Licensing Act.
(9) Each federal or state agency, board, or commission, [
local
] 
special
 district, special
service district, or municipal corporation that makes a boundary survey of lands within this
state shall comply with this section.
Section 5. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, [
local
] 
special
 district, special
service district under Title 17D, Chapter 1, Special Service District Act, school district,
interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
specified property owner, property owner's association, public utility, or the Utah Department
of Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
(6); and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(9) "Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
may not be compatible in some areas or may be compatible only if certain conditions are
required that mitigate or eliminate the detrimental impacts.
(10) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution, Article I, Section 22.
(11) "County utility easement" means an easement that:
(a) a plat recorded in a county recorder's office described as a county utility easement
or otherwise as a utility easement;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the county or the county's affiliated governmental entity owns or creates; and
(d) (i) either:
(A) no person uses or occupies; or
(B) the county or the county's affiliated governmental entity uses and occupies to
provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
communications or data lines; or
(ii) a person uses or occupies with or without an authorized franchise or other
agreement with the county.
(12) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(13) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(14) (a) "Development agreement" means a written agreement or amendment to a
written agreement between a county and one or more parties that regulates or controls the use
or development of a specific area of land.
(b) "Development agreement" does not include an improvement completion assurance.
(15) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
Sec. 802.
(16) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (16)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (16)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (16)(a)(i); or
(ii) a therapeutic school.
(17) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(18) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(19) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(20) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a) the unincorporated land within the county; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(21) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(22) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(23) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(24) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(25) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a county to guaranty the proper completion of landscaping or an infrastructure improvement
required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(26) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(27) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(28) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human consumption; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) developing a commercial, industrial, mixed use, condominium, or multifamily
project.
(29) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(30) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(31) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(32) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(33) "Land use application":
(a) means an application that is:
(i) required by a county; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(34) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(35) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(36) "Land use permit" means a permit issued by a land use authority.
(37) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(38) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
[
(39) "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
]
[
(40)
] 
(39)
 "Lot" means a tract of land, regardless of any label, that is created by and
shown on a subdivision plat that has been recorded in the office of the county recorder.
[
(41)
] 
(40)
 (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or between a lot and adjoining parcels in accordance with Section 
17-27a-608
:
(i) whether or not the lots are located in the same subdivision; and
(ii) with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
[
(42)
] 
(41)
 "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
[
(43)
] 
(42)
 "Moderate income housing" means housing occupied or reserved for
occupancy by households with a gross household income equal to or less than 80% of the
median gross income for households of the same size in the county in which the housing is
located.
[
(44)
] 
(43)
 "Mountainous planning district" means an area designated by a county
legislative body in accordance with Section 
17-27a-901
.
[
(45)
] 
(44)
 "Nominal fee" means a fee that reasonably reimburses a county only for
time spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
[
(46)
] 
(45)
 "Noncomplying structure" means a structure that:
(a) legally existed before the structure's current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
[
(47)
] 
(46)
 "Nonconforming use" means a use of land that:
(a) legally existed before the current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
[
(48)
] 
(47)
 "Official map" means a map drawn by county authorities and recorded in
the county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
[
(49)
] 
(48)
 "Parcel" means any real property that is not a lot.
[
(50)
] 
(49)
 (a) "Parcel boundary adjustment" means a recorded agreement between
owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
line agreement in accordance with Section 
17-27a-523
, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
the Department of Transportation.
[
(51)
] 
(50)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(52)
] 
(51)
 "Plan for moderate income housing" means a written document adopted by
a county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
[
(53)
] 
(52)
 "Planning advisory area" means a contiguous, geographically defined
portion of the unincorporated area of a county established under this part with planning and
zoning functions as exercised through the planning advisory area planning commission, as
provided in this chapter, but with no legal or political identity separate from the county and no
taxing authority.
[
(54)
] 
(53)
 "Plat" means an instrument subdividing property into lots as depicted on a
map or other graphical representation of lands that a licensed professional land surveyor makes
and prepares in accordance with Section 
17-27a-603
 or 
57-8-13
.
[
(55)
] 
(54)
 "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
[
(56)
] 
(55)
 "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, [
local
] 
special
 district, special service
district, or other political subdivision of the state; or
(d) a charter school.
[
(57)
] 
(56)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(58)
] 
(57)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(59)
] 
(58)
 "Public street" means a public right-of-way, including a public highway,
public avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
[
(60)
] 
(59)
 "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
[
(61)
] 
(60)
 "Record of survey map" means a map of a survey of land prepared in
accordance with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
[
(62)
] 
(61)
 "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
[
(63)
] 
(62)
 "Rules of order and procedure" means a set of rules that govern and
prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
[
(64)
] 
(63)
 "Sanitary sewer authority" means the department, agency, or public entity
with responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
[
(65)
] 
(64)
 "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
[
(66)
] 
(65)
 "Site plan" means a document or map that may be required by a county
during a preliminary review preceding the issuance of a building permit to demonstrate that an
owner's or developer's proposed development activity meets a land use requirement.
(66) (a) "Special district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Special Districts.
(b) "Special district" includes a governmental or quasi-governmental entity that is not a
county, municipality, school district, or the state.
(67) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(68) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(69) "State" includes any department, division, or agency of the state.
(70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
the division includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (70)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) a boundary line agreement recorded with the county recorder's office between
owners of adjoining parcels adjusting the mutual boundary in accordance with Section
17-27a-523
 if no new lot is created;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal descriptions of multiple parcels into one legal description
encompassing all such parcels; or
(B) joining a lot to a parcel;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) a boundary line agreement between owners of adjoining subdivided properties
adjusting the mutual lot line boundary in accordance with Sections 
17-27a-523
 and 
17-27a-608
if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A) is in anticipation of future land use approvals on the parcel or parcels;
(B) does not confer any land use approvals; and
(C) has not been approved by the land use authority;
(vii) a parcel boundary adjustment;
(viii) a lot line adjustment;
(ix) a road, street, or highway dedication plat;
(x) a deed or easement for a road, street, or highway purpose; or
(xi) any other division of land authorized by law.
(71) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
17-27a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(72) "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
(73) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(74) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(75) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(76) "Unincorporated" means the area outside of the incorporated area of a
municipality.
(77) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(78) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 6. Section 
17-27a-305
 is amended to read:
17-27a-305.
Other entities required to conform to county's land use ordinances --
Exceptions -- School districts and charter schools -- Submission of development plan and
schedule.
(1) (a) Each county, municipality, school district, charter school, [
local
] 
special
 district,
special service district, and political subdivision of the state shall conform to any applicable
land use ordinance of any county when installing, constructing, operating, or otherwise using
any area, land, or building situated within a mountainous planning district or the
unincorporated portion of the county, as applicable.
(b) In addition to any other remedies provided by law, when a county's land use
ordinance is violated or about to be violated by another political subdivision, that county may
institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Except as provided in Subsection (3), a school district or charter school is
subject to a county's land use ordinances.
(b) (i) Notwithstanding Subsection (3), a county may:
(A) subject a charter school to standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging; and
(B) impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection (3)(f).
(ii) The standards to which a county may subject a charter school under Subsection
(2)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
deny or withhold approval of a charter school's land use application is the charter school's
failure to comply with a standard imposed under Subsection (2)(b)(i).
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
obligation to comply with a requirement of an applicable building or safety code to which it is
otherwise obligated to comply.
(3) A county may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations,
construction methods or materials, additional building inspections, county building codes,
building use for educational purposes, or the placement or use of temporary classroom facilities
on school property;
(b) except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
children and not located on or contiguous to school property, unless the roadway or sidewalk is
required to connect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for inspection by an
inspector, other than the project architect or contractor, who is qualified under criteria
established by the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary
to avoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to pupils,
impose a regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use or
structure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4) Subject to Section 
53E-3-710
, a school district or charter school shall coordinate
the siting of a new school with the county in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of
the impacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
(i) a county building inspector;
(ii) (A) for a school district, a school district building inspector from that school
district; or
(B) for a charter school, a school district building inspector from the school district in
which the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a county building inspector; or
(II) (Aa) for a school district, a school district building inspector from that school
district; or
(Bb) for a charter school, a school district building inspector from the school district in
which the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent building
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
the state superintendent of public instruction and county building official, on a monthly basis
during construction of the school building, a copy of each inspection certificate regarding the
school building.
(7) (a) A charter school shall be considered a permitted use in all zoning districts
within a county.
(b) Each land use application for any approval required for a charter school, including
an application for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parking
requirements for schools or other institutional public uses throughout the county.
(d) If a county has designated zones for a sexually oriented business, or a business
which sells alcohol, a charter school may be prohibited from a location which would otherwise
defeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanent
occupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection
53E-3-706
(3), if the school district or charter school used an independent building inspector for
inspection of the school building; or
(B) a county official with authority to issue the certificate, if the school district or
charter school used a county building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of
a school building if it used its own building inspector for inspection of the school building,
subject to the notification requirement of Subsection 
53E-3-706
(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a
school building from a school district official with authority to issue the certificate, if the
charter school used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection 
53E-3-706
(3) or a school district official with authority
to issue the certificate shall be considered to satisfy any county requirement for an inspection or
a certificate of occupancy.
(8) (a) A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 
11-36a-102
(17)(a), (b), (c),
(d), (e), and (g) caused by the development;
(C) the amount of any applicable fee described in Section 
17-27a-509
;
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission
under Subsection (8)(a) with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
process of preparing the budget for the development.
(9) Nothing in this section may be construed to:
(a) modify or supersede Section 
17-27a-304
; or
(b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1990, 42 U.S.C. 12102, or any other provision of federal law.
Section 7. Section 
17-30-3
 is amended to read:
17-30-3.
Establishment of merit system commission -- Appointment,
qualifications, and compensation of members.
(1) (a) Each county with a population of 20,000 or more shall establish a merit system
commission consisting of three members appointed as provided in Subsection (1)(b).
(b) (i) As used in this Subsection (1)(b):
(A) "Police interlocal entity" means an interlocal entity, as defined in Section
11-13-103
, that is created:
(I) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to which a
county of the first class is a party; and
(II) to provide law enforcement service to an area that includes the unincorporated part
of the county.
(B) "Police [
local
] 
special
 district" means a [
local
] 
special
 district, as defined in
Section 
17B-1-102
:
(I) whose creation was initiated by the adoption of a resolution under Section
17B-1-203
 by the legislative body of a county of the first class, alone or with one or more other
legislative bodies; and
(II) that is created to provide law enforcement service to an area that includes the
unincorporated part of the county.
(ii) For a county in which a police interlocal entity is created, whether or not a police
[
local
] 
special
 district is also created in the county:
(A) two members shall be appointed by the legislative body of the county; and
(B) one member shall be appointed by the governing body of the interlocal entity.
(iii) For a county in which a police [
local
] 
special
 district is created but in which a
police interlocal entity has not been created:
(A) two members shall be appointed by the legislative body of the county; and
(B) one member shall be appointed by the board of trustees of the police [
local
] 
special
district.
(iv) For each other county, all three members shall be appointed by the county
legislative body.
(c) Not more than two members of the commission shall be affiliated with or members
of the same political party.
(d) Of the original appointees, one member shall be appointed for a term ending
February 1 of the first odd-numbered year after the date of appointment, and one each for terms
ending two and four years thereafter.
(e) Upon the expiration of any of the terms, a successor shall be appointed for a full
term of six years.
(f) Appointment to fill a vacancy resulting other than from expiration of term shall be
for the unexpired portion of the term only.
(2) Members of a commission shall be citizens of the state, shall have been residents of
the area embraced by the governmental unit from which appointed not less than five years next
preceding the date of appointment, and shall hold no other office or employment under the
governmental unit for which appointed.
(3) The county legislative body may compensate a member for service on the
commission and reimburse the member for necessary expenses incurred in the performance of
the member's duties.
Section 8. Section 
17-31-2
 is amended to read:
17-31-2.
Purposes of transient room tax and expenditure of revenue -- Purchase
or lease of facilities -- Mitigating impacts of recreation, tourism, or conventions --
Issuance of bonds.
(1) As used in this section:
(a) "Aircraft" means the same as that term is defined in Section 
72-10-102
.
(b) "Airport" means the same as that term is defined in Section 
72-10-102
.
(c) "Airport authority" means the same as that term is defined in Section 
72-10-102
.
(d) "Airport operator" means the same as that term is defined in Section 
72-10-102
.
(e) "Base year revenue" means the amount of revenue generated by a transient room tax
and collected by a county for fiscal year 2018-19.
(f) "Base year promotion expenditure" means the amount of revenue generated by a
transient room tax that a county spent for the purpose described in Subsection (2)(a) during
fiscal year 2018-19.
(g) "Economic diversification activity" means an economic development activity that is
reasonably similar to, supplements, or expands any economic program as administered by the
state or the Governor's Office of Economic Opportunity.
(h) "Eligible town" means a town that:
(i) is located within a county that has a national park within or partially within the
county's boundaries; and
(ii) imposes a resort communities tax authorized by Section 
59-12-401
.
(i) "Emergency medical services provider" means an eligible town, a [
local
] 
special
district, or a special service district.
(j) "Tourism" means an activity to develop, encourage, solicit, or market tourism that
attracts transient guests to the county, including planning, development, and advertising for the
purpose described in Subsection (2)(a)(i).
(k) "Town" means a municipality that is classified as a town in accordance with
Section 
10-2-301
.
(l) "Transient room tax" means a tax at a rate not to exceed 4.25% authorized by
Section 
59-12-301
.
(2) Subject to the requirements of this section, a county legislative body may impose
the transient room tax for the purposes of:
(a) establishing and promoting:
(i) tourism;
(ii) recreation, film production, and conventions; or
(iii) an economic diversification activity if:
(A) the county is a county of the fourth, fifth, or sixth class;
(B) the county has more than one national park within or partially within the county's
boundaries; and
(C) the county has a base population of 9,000 or more according to current United
States census data;
(b) acquiring, leasing, constructing, furnishing, maintaining, or operating:
(i) convention meeting rooms;
(ii) exhibit halls;
(iii) visitor information centers;
(iv) museums;
(v) sports and recreation facilities including practice fields, stadiums, and arenas;
(vi) related facilities;
(vii) if a national park is located within or partially within the county's boundaries, the
following on any route designated by the county legislative body:
(A) transit service, including shuttle service; and
(B) parking infrastructure; and
(viii) an airport, if:
(A) the county is a county of the fourth, fifth, or sixth class; and
(B) the county is the airport operator of the airport;
(c) acquiring land, leasing land, or making payments for construction or infrastructure
improvements required for or related to the purposes listed in Subsection (2)(b);
(d) as required to mitigate the impacts of recreation, tourism, or conventions in
counties of the fourth, fifth, and sixth class, paying for:
(i) solid waste disposal operations;
(ii) emergency medical services;
(iii) search and rescue activities;
(iv) law enforcement activities; and
(v) road repair and upgrade of:
(A) class B roads, as defined in Section 
72-3-103
;
(B) class C roads, as defined in Section 
72-3-104
; or
(C) class D roads, as defined in Section 
72-3-105
; and
(e) making the annual payment of principal, interest, premiums, and necessary reserves
for any of the aggregate of bonds authorized under Subsection (5).
(3) (a) The county legislative body of a county that imposes a transient room tax at a
rate of 3% or less may expend the revenue generated as provided in Subsection (4), after
making any reduction required by Subsection (6).
(b) The county legislative body of a county that imposes a transient room tax at a rate
that exceeds 3% or increases the rate of transient room tax above 3% may expend:
(i) the revenue generated from the transient room tax at a rate of 3% as provided in
Subsection (4), after making any reduction required by Subsection (6); and
(ii) the revenue generated from the portion of the rate that exceeds 3%:
(A) for any combination of the purposes described in Subsections (2) and (5); and
(B) regardless of the limitation on expenditures for the purposes described in
Subsection (4).
(4) Subject to Subsections (6) and (7), a county may not expend more than 1/3 of the
revenue generated by a rate of transient room tax that does not exceed 3%, for any combination
of the purposes described in Subsections (2)(b) through (2)(e).
(5) (a) The county legislative body may issue bonds or cause bonds to be issued, as
permitted by law, to pay all or part of any costs incurred for the purposes set forth in
Subsections (2)(b) through (2)(d) that are permitted to be paid from bond proceeds.
(b) If a county legislative body does not need the revenue generated by the transient
room tax for payment of principal, interest, premiums, and reserves on bonds issued as
provided in Subsection (2)(e), the county legislative body shall expend that revenue for the
purposes described in Subsection (2), subject to the limitation of Subsection (4).
(6) (a) In addition to the purposes described in Subsection (2), a county legislative
body:
(i) may expend up to 4% of the total revenue generated by a transient room tax to pay a
provider for emergency medical services in one or more eligible towns; and
(ii) may expend up to 10% of the total revenue generated by a transient room tax for
visitor management and destination development if:
(A) a national park is located within or partially within the county's boundaries; and
(B) the county's tourism tax advisory board created under Subsection 
17-31-8
(1)(a) or
the substantially similar body as described in Subsection 
17-31-8
(1)(b) has prioritized and
recommended the use of the revenue in accordance with Subsection 
17-31-8
(4).
(b) A county legislative body shall reduce the amount that the county is authorized to
expend for the purposes described in Subsection (4) by subtracting the amount of transient
room tax revenue expended in accordance with Subsection (6)(a) from the amount of revenue
described in Subsection (4).
(7) (a) Except as provided in Subsection (7)(b), a county legislative body in a county of
the fourth, fifth, or sixth class shall expend the revenue generated by a transient room tax as
follows:
(i) an amount equal to the county's base year promotion expenditure for the purpose
described in Subsection (2)(a)(i);
(ii) an amount equal to the difference between the county's base year revenue and the
county's base year promotion expenditure in accordance with Subsections (3) through (6); and
(iii) (A) 37% of the revenue that exceeds the county's base year revenue for the purpose
described in Subsection (2)(a)(i); and
(B) subject to Subsection (7)(c), 63% of the revenue that exceeds the county's base year
revenue for any combination of the purposes described in Subsections (2)(a)(ii) through (e) or
to pay an emergency medical services provider for emergency medical services in one or more
eligible towns.
(b) A county legislative body in a county of the fourth, fifth, or sixth class with one or
more national recreation areas administered by the National Park Service or the Forest Service
or national parks within or partially within the county's boundaries shall expend the revenue
generated by a transient room tax as follows:
(i) for a purpose described in Subsection (2)(a) and subject to the limitations described
in Subsection (7)(d), the greater of:
(A) an amount equal to the county's base year promotion expenditure; or
(B) 37% of the transient room tax revenue; and
(ii) the remainder of the transient room tax not expended in accordance with
Subsection (7)(b)(i) for any combination of the purposes described in Subsection (2) and,
subject to the limitation described in Subsection (7)(c), Subsection (6).
(c) A county legislative body in a county of the fourth, fifth, or sixth class may not:
(i) expend more than 4% of the revenue generated by a transient room tax to pay an
emergency medical services provider for emergency medical services in one or more eligible
towns; or
(ii) expend revenue generated by a transient room tax for the purpose described in
Subsection (2)(e) in an amount that exceeds the county's base year promotion expenditure.
(d) A county legislative body may not expend:
(i) more than 1/5 of the revenue described in Subsection (7)(b)(i) for a purpose
described in Subsection (2)(a)(ii); and
(ii) more than 1/3 of the revenue described in Subsection (7)(b)(i) for the purpose
described in Subsection (2)(a)(iii).
(e) The provisions of this Subsection (7) apply notwithstanding any other provision of
this section.
(f) If the total amount of revenue generated by a transient room tax in a county of the
fourth, fifth, or sixth class is less than the county's base year promotion expenditure:
(i) Subsections (7)(a) through (d) do not apply; and
(ii) the county legislative body shall expend the revenue generated by the transient
room tax in accordance with Subsections (3) through (6).
Section 9. Section 
17-34-3
 is amended to read:
17-34-3.
Taxes or service charges.
(1) (a) If a county furnishes the municipal-type services and functions described in
Section 
17-34-1
 to areas of the county outside the limits of incorporated cities or towns, the
entire cost of the services or functions so furnished shall be defrayed from funds that the county
has derived from:
(i) taxes that the county may lawfully levy or impose outside the limits of incorporated
towns or cities;
(ii) service charges or fees the county may impose upon the persons benefited in any
way by the services or functions; or
(iii) a combination of these sources.
(b) As the taxes or service charges or fees are levied and collected, they shall be placed
in a special revenue fund of the county and shall be disbursed only for the rendering of the
services or functions established in Section 
17-34-1
 within the unincorporated areas of the
county or as provided in Subsection 
10-2a-219
(2).
(2) (a) For the purpose of levying taxes, service charges, or fees provided in this
section, the county legislative body may establish a district or districts in the unincorporated
areas of the county.
(b) A district established by a county as provided in Subsection (2)(a) may be
reorganized as a [
local
] 
special
 district in accordance with the procedures set forth in Sections
17D-1-601
, 
17D-1-603
, and 
17D-1-604
.
(3) Nothing contained in this chapter may be construed to authorize counties to impose
or levy taxes not otherwise allowed by law.
(4) Notwithstanding any other provision of this chapter, a county providing fire,
paramedic, and police protection services in a designated recreational area, as provided in
Subsection 
17-34-1
(5), may fund those services from the county general fund with revenues
derived from both inside and outside the limits of cities and towns, and the funding of those
services is not limited to unincorporated area revenues.
Section 10. Section 
17-36-9
 is amended to read:
17-36-9.
Budget -- Financial plan -- Contents -- Municipal services and capital
projects funds.
(1) (a) The budget for each fund shall provide a complete financial plan for the budget
period and shall contain in tabular form classified by the account titles as required by the
uniform system of budgeting, accounting, and reporting:
(i) estimates of all anticipated revenues;
(ii) all appropriations for expenditures; and
(iii) any additional data required by Section 
17-36-10
 or by the uniform system of
budgeting, accounting, and reporting.
(b) The total of appropriated expenditures shall be equal to the total of anticipated
revenues.
(2) (a) Each first-, second-, and third-class county that provides municipal-type
services under Section 
17-34-1
 shall:
(i) establish a special revenue fund, "Municipal Services Fund," and a capital projects
fund, "Municipal Capital Projects Fund," or establish a [
local
] 
special
 district or special service
district to provide municipal services; and
(ii) budget appropriations for municipal services and municipal capital projects from
these funds.
(b) The Municipal Services Fund is subject to the same budgetary requirements as the
county general fund.
(c) (i) Except as provided in Subsection (2)(c)(ii), the county may deposit revenue
derived from any taxes otherwise authorized by law, income derived from the investment of
money contained within the municipal services fund and the municipal capital projects fund,
the appropriate portion of federal money, and fees collected into a municipal services fund and
a municipal capital projects fund.
(ii) The county may not deposit revenue derived from a fee, tax, or other source based
upon a countywide assessment or from a countywide service or function into a municipal
services fund or a municipal capital projects fund.
(d) The maximum accumulated unappropriated surplus in the municipal services fund,
as determined prior to adoption of the tentative budget, may not exceed an amount equal to the
total estimated revenues of the current fiscal period.
Section 11. Section 
17-41-101
 is amended to read:
17-41-101.
Definitions.
As used in this chapter:
(1) "Advisory board" means:
(a) for an agriculture protection area, the agriculture protection area advisory board
created as provided in Section 
17-41-201
;
(b) for an industrial protection area, the industrial protection area advisory board
created as provided in Section 
17-41-201
; and
(c) for a critical infrastructure materials protection area, the critical infrastructure
materials protection area advisory board created as provided in Section 
17-41-201
.
(2) (a) "Agriculture production" means production for commercial purposes of crops,
livestock, and livestock products.
(b) "Agriculture production" includes the processing or retail marketing of any crops,
livestock, and livestock products when more than 50% of the processed or merchandised
products are produced by the farm operator.
(3) "Agriculture protection area" means a geographic area created under the authority
of this chapter that is granted the specific legal protections contained in this chapter.
(4) "Applicable legislative body" means:
(a) with respect to a proposed agriculture protection area, industrial protection area, or
critical infrastructure materials protection area:
(i) the legislative body of the county in which the land proposed to be included in the
relevant protection area is located, if the land is within the unincorporated part of the county; or
(ii) the legislative body of the city or town in which the land proposed to be included in
the relevant protection area is located; and
(b) with respect to an existing agriculture protection area, industrial protection area, or
critical infrastructure materials protection area:
(i) the legislative body of the county in which the relevant protection area is located, if
the relevant protection area is within the unincorporated part of the county; or
(ii) the legislative body of the city or town in which the relevant protection area is
located.
(5) "Board" means the Board of Oil, Gas, and Mining created in Section 
40-6-4
.
(6) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
(7) "Critical infrastructure materials operations" means the extraction, excavation,
processing, or reprocessing of critical infrastructure materials.
(8) "Critical infrastructure materials operator" means a natural person, corporation,
association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or
other organization or representative, either public or private, including a successor, assign,
affiliate, subsidiary, and related parent company, that:
(a) owns, controls, or manages a critical infrastructure materials operation; and
(b) has produced commercial quantities of critical infrastructure materials from the
critical infrastructure materials operations.
(9) "Critical infrastructure materials protection area" means a geographic area created
under the authority of this chapter on or after May 14, 2019, that is granted the specific legal
protections contained in this chapter.
(10) "Crops, livestock, and livestock products" includes:
(a) land devoted to the raising of useful plants and animals with a reasonable
expectation of profit, including:
(i) forages and sod crops;
(ii) grains and feed crops;
(iii) livestock as defined in Section 
59-2-102
;
(iv) trees and fruits; or
(v) vegetables, nursery, floral, and ornamental stock; or
(b) land devoted to and meeting the requirements and qualifications for payments or
other compensation under a crop-land retirement program with an agency of the state or federal
government.
(11) "Division" means the Division of Oil, Gas, and Mining created in Section
40-6-15
.
(12) "Industrial protection area" means a geographic area created under the authority of
this chapter that is granted the specific legal protections contained in this chapter.
(13) "Mine operator" means a natural person, corporation, association, partnership,
receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
representative, either public or private, including a successor, assign, affiliate, subsidiary, and
related parent company, that, as of January 1, 2019:
(a) owns, controls, or manages a mining use under a large mine permit issued by the
division or the board; and
(b) has produced commercial quantities of a mineral deposit from the mining use.
(14) "Mineral deposit" means the same as that term is defined in Section 
40-8-4
.
(15) "Mining protection area" means land where a vested mining use occurs, including
each surface or subsurface land or mineral estate that a mine operator with a vested mining use
owns or controls.
(16) "Mining use":
(a) means:
(i) the full range of activities, from prospecting and exploration to reclamation and
closure, associated with the exploitation of a mineral deposit; and
(ii) the use of the surface and subsurface and groundwater and surface water of an area
in connection with the activities described in Subsection (16)(a)(i) that have been, are being, or
will be conducted; and
(b) includes, whether conducted on-site or off-site:
(i) any sampling, staking, surveying, exploration, or development activity;
(ii) any drilling, blasting, excavating, or tunneling;
(iii) the removal, transport, treatment, deposition, and reclamation of overburden,
development rock, tailings, and other waste material;
(iv) any removal, transportation, extraction, beneficiation, or processing of ore;
(v) any smelting, refining, autoclaving, or other primary or secondary processing
operation;
(vi) the recovery of any mineral left in residue from a previous extraction or processing
operation;
(vii) a mining activity that is identified in a work plan or permitting document;
(viii) the use, operation, maintenance, repair, replacement, or alteration of a building,
structure, facility, equipment, machine, tool, or other material or property that results from or is
used in a surface or subsurface mining operation or activity;
(ix) any accessory, incidental, or ancillary activity or use, both active and passive,
including a utility, private way or road, pipeline, land excavation, working, embankment, pond,
gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use
area, buffer zone, and power production facility;
(x) the construction of a storage, factory, processing, or maintenance facility; and
(xi) an activity described in Subsection 
40-8-4
(17)(a).
(17) (a) "Municipal" means of or relating to a city or town.
(b) "Municipality" means a city or town.
(18) "New land" means surface or subsurface land or mineral estate that a mine
operator gains ownership or control of, whether that land or mineral estate is included in the
mine operator's large mine permit.
(19) "Off-site" means the same as that term is defined in Section 
40-8-4
.
(20) "On-site" means the same as that term is defined in Section 
40-8-4
.
(21) "Planning commission" means:
(a) a countywide planning commission if the land proposed to be included in the
agriculture protection area, industrial protection area, or critical infrastructure materials
protection area is within the unincorporated part of the county and not within a planning
advisory area;
(b) a planning advisory area planning commission if the land proposed to be included
in the agriculture protection area, industrial protection area, or critical infrastructure materials
protection area is within a planning advisory area; or
(c) a planning commission of a city or town if the land proposed to be included in the
agriculture protection area, industrial protection area, or critical infrastructure materials
protection area is within a city or town.
(22) "Political subdivision" means a county, city, town, school district, [
local
] 
special
district, or special service district.
(23) "Proposal sponsors" means the owners of land in agricultural production,
industrial use, or critical infrastructure materials operations who are sponsoring the proposal
for creating an agriculture protection area, industrial protection area, or critical infrastructure
materials protection area.
(24) "State agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(25) "Unincorporated" means not within a city or town.
(26) "Vested mining use" means a mining use:
(a) by a mine operator; and
(b) that existed or was conducted or otherwise engaged in before a political subdivision
prohibits, restricts, or otherwise limits a mining use.
Section 12. Section 
17-43-201
 is amended to read:
17-43-201.
Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52a-203
, the county legislative body is the local substance abuse
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52a-204
, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this
section, and under the direction of the division, each local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans;
(ii) provide substance abuse services to residents of the county; and
(iii) cooperate with efforts of the division to promote integrated programs that address
an individual's substance abuse, mental health, and physical healthcare needs, as described in
Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local substance abuse authority shall cooperate with the efforts of the department
to promote a system of care, as defined in Section 
26B-1-102
, for minors with or at risk for
complex emotional and behavioral needs, as described in Section 
26B-1-202
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide substance abuse prevention and treatment services; or
(ii) create a united local health department that provides substance abuse treatment
services, mental health services, and local health department services in accordance with
Subsection (3).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined substance abuse authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) A county governing body may elect to combine the local substance abuse authority
with the local mental health authority created in Part 3, Local Mental Health Authorities, and
the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department
Act, to create a united local health department under Section 
26A-1-105.5
. A local substance
abuse authority that joins a united local health department shall comply with this part.
(4) (a) Each local substance abuse authority is accountable to the department and the
state with regard to the use of state and federal funds received from those departments for
substance abuse services, regardless of whether the services are provided by a private contract
provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department regarding the use and
expenditure of state and federal funds received from those departments for the purpose of
providing substance abuse programs and services. The department shall ensure that those
directives are not duplicative or conflicting, and shall consult and coordinate with local
substance abuse authorities with regard to programs and services.
(5) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or
other county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county
legislative body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by
contract, for adults, youth, and children, including those incarcerated in a county jail or other
county correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised rules established by the division;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the rules of the division, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, [
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts
] 
Title
17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts
, and Title 51, Chapter 2a,
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act;
(m) for persons convicted of driving under the influence in violation of Section
41-6a-502
 or 
41-6a-517
, conduct the following as defined in Section 
41-6a-501
:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 
62A-15-503
(1) to
supplement the cost of providing the services described in Subsection (5)(m).
(6) Before disbursing any public funds, each local substance abuse authority shall
require that each entity that receives any public funds from the local substance abuse authority
agrees in writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the local substance abuse authority shall be subject to examination
by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an
agreement under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (4)(b).
(7) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If
those gifts are conditioned upon their use for a specified service or program, they shall be so
used.
(8) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-203
.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract
between the local substance abuse authority and the provider for the provision of plan services.
(9) Subject to the requirements of the federal Substance Abuse Prevention and
Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure
that all substance abuse treatment programs that receive public funds:
(a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
and
(b) if admission of a pregnant woman or a pregnant minor is not possible within 24
hours of the time that a request for admission is made, provide a comprehensive referral for
interim services that:
(i) are accessible to the pregnant woman or pregnant minor;
(ii) are best suited to provide services to the pregnant woman or pregnant minor;
(iii) may include:
(A) counseling;
(B) case management; or
(C) a support group; and
(iv) shall include a referral for:
(A) prenatal care; and
(B) counseling on the effects of alcohol and drug use during pregnancy.
(10) If a substance abuse treatment program described in Subsection (9) is not able to
accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of
the time that request for admission is made, the local substance abuse authority shall contact
the Division of Integrated Healthcare for assistance in providing services to the pregnant
woman or pregnant minor.
Section 13. Section 
17-43-301
 is amended to read:
17-43-301.
Local mental health authorities -- Responsibilities.
(1) As used in this section:
(a) "Assisted outpatient treatment" means the same as that term is defined in Section
62A-15-602
.
(b) "Crisis worker" means the same as that term is defined in Section 
62A-15-1301
.
(c) "Local mental health crisis line" means the same as that term is defined in Section
62A-15-1301
.
(d) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(e) "Public funds" means the same as that term is defined in Section 
17-43-303
.
(f) "Statewide mental health crisis line" means the same as that term is defined in
Section 
62A-15-1301
.
(2) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52a-203
, the county legislative body is the local mental health
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52a-204
, the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
county legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this
section, under the direction of the division, each local mental health authority shall:
(i) provide mental health services to individuals within the county; and
(ii) cooperate with efforts of the division to promote integrated programs that address
an individual's substance abuse, mental health, and physical healthcare needs, as described in
Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local mental health authority shall cooperate with the efforts of the department to
promote a system of care, as defined in Section 
26B-1-102
, for minors with or at risk for
complex emotional and behavioral needs, as described in Section 
26B-1-202
.
(3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide mental health prevention and treatment services; or
(ii) create a united local health department that combines substance abuse treatment
services, mental health services, and local health department services in accordance with
Subsection (4).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined mental health authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money available for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined mental health
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined mental health
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council
between or among participating counties.
(4) A county governing body may elect to combine the local mental health authority
with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
Department Act, to create a united local health department under Section 
26A-1-105.5
. A local
mental health authority that joins with a united local health department shall comply with this
part.
(5) (a) Each local mental health authority is accountable to the department and the state
with regard to the use of state and federal funds received from those departments for mental
health services, regardless of whether the services are provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by its
contract provider, with all directives issued by the department regarding the use and
expenditure of state and federal funds received from those departments for the purpose of
providing mental health programs and services. The department shall ensure that those
directives are not duplicative or conflicting, and shall consult and coordinate with local mental
health authorities with regard to programs and services.
(6) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needs
and services for:
(A) an individual incarcerated in a county jail or other county correctional facility; and
(B) an individual who is a resident of the county and who is court ordered to receive
assisted outpatient treatment under Section 
62A-15-630.5
;
(ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
plan approved by the county legislative body for mental health funding and service delivery,
either directly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(iv) appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v) provide input and comment on new and revised rules established by the division;
(vi) establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental health services
and facilities, in accordance with the rules of the division, and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, [
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts
] 
Title
17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts
, and Title 51, Chapter 2a,
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
children, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support
services, and respite services;
(ix) consultation and education services, including case consultation, collaboration
with other county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(7) (a) If a local mental health authority provides for a local mental health crisis line
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
mental health authority shall:
(i) collaborate with the statewide mental health crisis line described in Section
62A-15-1302
;
(ii) ensure that each individual who answers calls to the local mental health crisis line:
(A) is a mental health therapist or a crisis worker; and
(B) meets the standards of care and practice established by the Division of Integrated
Healthcare, in accordance with Section 
62A-15-1302
; and
(iii) ensure that when necessary, based on the local mental health crisis line's capacity,
calls are immediately routed to the statewide mental health crisis line to ensure that when an
individual calls the local mental health crisis line, regardless of the time, date, or number of
individuals trying to simultaneously access the local mental health crisis line, a mental health
therapist or a crisis worker answers the call without the caller first:
(A) waiting on hold; or
(B) being screened by an individual other than a mental health therapist or crisis
worker.
(b) If a local mental health authority does not provide for a local mental health crisis
line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
local mental health authority shall use the statewide mental health crisis line as a local crisis
line resource.
(8) Before disbursing any public funds, each local mental health authority shall require
that each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreement
under Subsection (3), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health
authority; and
(c) the entity will comply with the provisions of Subsection (5)(b).
(9) A local mental health authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(10) Public funds received for the provision of services pursuant to the local mental
health plan may not be used for any other purpose except those authorized in the contract
between the local mental health authority and the provider for the provision of plan services.
(11) A local mental health authority shall provide assisted outpatient treatment
services, as described in Section 
62A-15-630.4
, to a resident of the county who has been
ordered under Section 
62A-15-630.5
 to receive assisted outpatient treatment.
Section 14. Section 
17-50-103
 is amended to read:
17-50-103.
Use of "county" prohibited -- Legal action to compel compliance.
(1) For purposes of this section:
(a) (i) "Existing local entity" means a [
local
] 
special
 district, special service district, or
other political subdivision of the state created before May 1, 2000.
(ii) "Existing local entity" does not include a county, city, town, or school district.
[
(b) (i) "Local district" means a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, that:
]
[
(A) by statute is a political and corporate entity separate from the county that created
it; and
]
[
(B) by statute is not subject to the direction and control of the county that created it.
]
[
(ii) The county legislative body's statutory authority to appoint members to the
governing body of a local district does not alone make the local district subject to the direction
and control of that county.
]
[
(c)
] 
(b)
 (i) "New local entity" means a city, town, school district, [
local
] 
special
district, special service district, or other political subdivision of the state created on or after
May 1, 2000.
(ii) "New local entity" does not include a county.
(c) (i) "Special district" means a special district under Title 17B, Limited Purpose
Local Government Entities - Special Districts, that:
(A) by statute is a political and corporate entity separate from the county that created
the special district; and
(B) by statute is not subject to the direction and control of the county that created the
special district.
(ii) The county legislative body's statutory authority to appoint members to the
governing body of a special district does not alone make the special district subject to the
direction and control of that county.
(2) (a) A new local entity may not use the word "county" in its name.
(b) After January 1, 2005, an existing local entity may not use the word "county" in its
name unless the county whose name is used by the existing local entity gives its written
consent.
(3) A county with a name similar to the name of a new local entity or existing local
entity in violation of this section may bring legal action in district court to compel compliance
with this section.
Section 15. Section 
17-52a-503
 is amended to read:
17-52a-503.
Adoption of optional plan -- Election of new county officers -- Effect
of adoption.
(1) If a proposed optional plan is approved at an election held under Section
17-52a-501
:
(a) on or before November 1 of the year immediately following the year of the election
described in Section 
17-52a-501
 in which the optional plan is approved, the county legislative
body shall:
(i) if the proposed optional plan under Section 
17-52a-404
 specifies that one or more
members of the county legislative body are elected from districts, adopt the geographic
boundaries of each council or commission member district; and
(ii) adopt the compensation, including benefits, for each member of the county
legislative body;
(b) the elected county officers specified in the plan shall be elected at the next regular
general election following the election under Section 
17-52a-501
, according to the procedure
and schedule established under Title 20A, Election Code, for the election of county officers;
(c) the proposed optional plan:
(i) becomes effective according to the optional plan's terms;
(ii) subject to Subsection 
17-52a-404
(1)(c), at the time specified in the optional plan, is
a public record open to inspection by the public; and
(iii) is judicially noticeable by all courts;
(d) the county clerk shall, within 10 days of the canvass of the election, file with the
lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
copy;
(e) all public officers and employees shall cooperate fully in making the transition
between forms of county government; and
(f) the county legislative body may enact and enforce necessary ordinances to bring
about an orderly transition to the new form of government, including any transfer of power,
records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
the approved optional plan and necessary or convenient to place it into full effect.
(2) An action by the county legislative body under Subsection (1)(a) is not an
amendment for purposes of Section 
17-52a-504
.
(3) Adoption of an optional plan does not alter or affect the boundaries, organization,
powers, duties, or functions of any:
(a) school district;
(b) justice court;
(c) [
local
] 
special
 district under [
Title 17B, Limited Purpose Local Government
Entities - Local Districts
] 
Title 17B, Limited Purpose Local Government Entities - Special
Districts
;
(d) special service district under Title 17D, Chapter 1, Special Service District Act;
(e) city or town; or
(f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act.
(4) (a) After adoption of the optional plan, the county legislative body may adopt a
change to the geographic boundaries of a council or commission member's district.
(b) An action by the county legislative body under Subsection (4)(a) is not an
amendment for purposes of Section 
17-52a-504
.
(5) After the adoption of an optional plan, the county remains vested with all powers
and duties vested generally in counties by statute.
Section 16. Section 
17B-1-102
 is amended to read:
TITLE 17B. LIMITED PURPOSE LOCAL GOVERNMENT ENTITIES - SPECIAL
DISTRICTS
CHAPTER 1. PROVISIONS APPLICABLE TO ALL SPECIAL DISTRICTS
17B-1-102.
Definitions.
As used in this title:
(1) "Appointing authority" means the person or body authorized to make an
appointment to the board of trustees.
(2) "Basic [
local
] 
special
 district":
(a) means a [
local
] 
special
 district that is not a specialized [
local
] 
special
 district; and
(b) includes an entity that was, under the law in effect before April 30, 2007, created
and operated as a [
local
] 
special
 district, as defined under the law in effect before April 30,
2007.
(3) "Bond" means:
(a) a written obligation to repay borrowed money, whether denominated a bond, note,
warrant, certificate of indebtedness, or otherwise; and
(b) a lease agreement, installment purchase agreement, or other agreement that:
(i) includes an obligation by the district to pay money; and
(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
Act.
(4) "Cemetery maintenance district" means a [
local
] 
special
 district that operates under
and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance
District Act, including an entity that was created and operated as a cemetery maintenance
district under the law in effect before April 30, 2007.
(5) "Drainage district" means a [
local
] 
special
 district that operates under and is subject
to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an
entity that was created and operated as a drainage district under the law in effect before April
30, 2007.
(6) "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 [
local
] 
special
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.
(7) "Fire protection district" means a [
local
] 
special
 district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act,
including an entity that was created and operated as a fire protection district under the law in
effect before April 30, 2007.
(8) "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 district that issues the bond; and
(B) on taxable property within the district; and
(ii) in excess of the ad valorem property taxes of the district 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.
(9) "Improvement assurance" means a surety bond, letter of credit, cash, or other
security:
(a) to guarantee the proper completion of an improvement;
(b) that is required before a [
local
] 
special
 district may provide a service requested by a
service applicant; and
(c) that is offered to a [
local
] 
special
 district to induce the [
local
] 
special
 district before
construction of an improvement begins to:
(i) provide the requested service; or
(ii) commit to provide the requested service.
(10) "Improvement assurance warranty" means a promise that the materials and
workmanship of an improvement:
(a) comply with standards adopted by a [
local
] 
special
 district; and
(b) will not fail in any material respect within an agreed warranty period.
(11) "Improvement district" means a [
local
] 
special
 district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act,
including an entity that was created and operated as a county improvement district under the
law in effect before April 30, 2007.
(12) "Irrigation district" means a [
local
] 
special
 district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act,
including an entity that was created and operated as an irrigation district under the law in effect
before April 30, 2007.
[
(13) "Local district" means a limited purpose local government entity, as described in
Section 
17B-1-103
, that operates under, is subject to, and has the powers set forth in:
]
[
(a) this chapter; or
]
[
(b) (i) this chapter; and
]
[
(ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
]
[
(B) Chapter 2a, Part 2, Drainage District Act;
]
[
(C) Chapter 2a, Part 3, Fire Protection District Act;
]
[
(D) Chapter 2a, Part 4, Improvement District Act;
]
[
(E) Chapter 2a, Part 5, Irrigation District Act;
]
[
(F) Chapter 2a, Part 6, Metropolitan Water District Act;
]
[
(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
]
[
(H) Chapter 2a, Part 8, Public Transit District Act;
]
[
(I) Chapter 2a, Part 9, Service Area Act;
]
[
(J) Chapter 2a, Part 10, Water Conservancy District Act; or
]
[
(K) Chapter 2a, Part 11, Municipal Services District Act.
]
[
(14)
] 
(13)
 "Metropolitan water district" means a [
local
] 
special
 district that operates
under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan
Water District Act, including an entity that was created and operated as a metropolitan water
district under the law in effect before April 30, 2007.
[
(15)
] 
(14)
 "Mosquito abatement district" means a [
local
] 
special
 district that operates
under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito
Abatement District Act, including an entity that was created and operated as a mosquito
abatement district under the law in effect before April 30, 2007.
[
(16)
] 
(15)
 "Municipal" means of or relating to a municipality.
[
(17)
] 
(16)
 "Municipality" means a city, town, or metro township.
[
(18)
] 
(17)
 "Municipal services district" means a [
local
] 
special
 district that operates
under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal
Services District Act.
[
(19)
] 
(18)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or other legal entity.
[
(20)
] 
(19)
 "Political subdivision" means a county, city, town, metro township, [
local
]
special
 district under this title, special service district under Title 17D, Chapter 1, Special
Service District Act, an entity created by interlocal cooperation agreement under Title 11,
Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute
as a political subdivision of the state.
[
(21)
] 
(20)
 "Private," with respect to real property, means not owned by the United
States or any agency of the federal government, the state, a county, or a political subdivision.
[
(22)
] 
(21)
 "Public entity" means:
(a) the United States or an agency of the United States;
(b) the state or an agency of the state;
(c) a political subdivision of the state or an agency of a political subdivision of the
state;
(d) another state or an agency of that state; or
(e) a political subdivision of another state or an agency of that political subdivision.
[
(23)
] 
(22)
 "Public transit district" means a [
local
] 
special
 district that operates under
and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District
Act, including an entity that was created and operated as a public transit district under the law
in effect before April 30, 2007.
[
(24)
] 
(23)
 "Revenue bond":
(a) means a bond payable from designated taxes or other revenues other than the [
local
]
special
 district's ad valorem property taxes; 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.
[
(25)
] 
(24)
 "Rules of order and procedure" means a set of rules that govern and
prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
[
(26)
] 
(25)
 "Service applicant" means a person who requests that a [
local
] 
special
district provide a service that the [
local
] 
special
 district is authorized to provide.
[
(27)
] 
(26)
 "Service area" means a [
local
] 
special
 district that operates under and is
subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an
entity that was created and operated as a county service area or a regional service area under the
law in effect before April 30, 2007.
[
(28)
] 
(27)
 "Short-term bond" means a bond that is required to be repaid during the
fiscal year in which the bond is issued.
[
(29)
] 
(28)
 "Special assessment" means an assessment levied against property to pay all
or a portion of the costs of making improvements that benefit the property.
[
(30)
] 
(29)
 "Special assessment bond" means a bond payable from special assessments.
(30) "Special district" means a limited purpose local government entity, as described in
Section 
17B-1-103
, that operates under, is subject to, and has the powers described in:
(a) this chapter; or
(b) (i) this chapter; and
(ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
(B) Chapter 2a, Part 2, Drainage District Act;
(C) Chapter 2a, Part 3, Fire Protection District Act;
(D) Chapter 2a, Part 4, Improvement District Act;
(E) Chapter 2a, Part 5, Irrigation District Act;
(F) Chapter 2a, Part 6, Metropolitan Water District Act;
(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
(H) Chapter 2a, Part 8, Public Transit District Act;
(I) Chapter 2a, Part 9, Service Area Act;
(J) Chapter 2a, Part 10, Water Conservancy District Act; or
(K) Chapter 2a, Part 11, Municipal Services District Act.
(31) "Specialized [
local
] 
special
 district" means a [
local
] 
special
 district that is a
cemetery maintenance district, a drainage district, a fire protection district, an improvement
district, an irrigation district, a metropolitan water district, a mosquito abatement district, a
public transit district, a service area, a water conservancy district, a municipal services district,
or a public infrastructure district.
(32) "Taxable value" means the taxable value of property as computed from the most
recent equalized assessment roll for county purposes.
(33) "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.
(34) "Unincorporated" means not included within a municipality.
(35) "Water conservancy district" means a [
local
] 
special
 district that operates under
and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy
District Act, including an entity that was created and operated as a water conservancy district
under the law in effect before April 30, 2007.
(36) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel,
power plant, and any facility, improvement, or property necessary or convenient for supplying
or treating water for any beneficial use, and for otherwise accomplishing the purposes of a
[
local
] 
special
 district.
Section 17. Section 
17B-1-103
 is amended to read:
17B-1-103.
Special district status and powers -- Registration as a limited purpose
entity.
(1) A [
local
] 
special
 district:
(a) is:
(i) a body corporate and politic with perpetual succession;
(ii) a quasi-municipal corporation; and
(iii) a political subdivision of the state; and
(b) may sue and be sued.
(2) A [
local
] 
special
 district may:
(a) acquire, by any lawful means, or lease any real property, personal property, or a
groundwater right necessary or convenient to the full exercise of the district's powers;
(b) acquire, by any lawful means, any interest in real property, personal property, or a
groundwater right necessary or convenient to the full exercise of the district's powers;
(c) transfer an interest in or dispose of any property or interest described in Subsections
(2)(a) and (b);
(d) acquire or construct works, facilities, and improvements necessary or convenient to
the full exercise of the district's powers, and operate, control, maintain, and use those works,
facilities, and improvements;
(e) borrow money and incur indebtedness for any lawful district purpose;
(f) issue bonds, including refunding bonds:
(i) for any lawful district purpose; and
(ii) as provided in and subject to [
Part 11, Local District Bonds
] 
Part 11, Special
District Bonds
;
(g) levy and collect property taxes:
(i) for any lawful district purpose or expenditure, including to cover a deficit resulting
from tax delinquencies in a preceding year; and
(ii) as provided in and subject to [
Part 10, Local District Property Tax Levy
] 
Part 10,
Special District Property Tax Levy
;
(h) as provided in Title 78B, Chapter 6, Part 5, Eminent Domain, acquire by eminent
domain property necessary to the exercise of the district's powers;
(i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
(j) (i) impose fees or other charges for commodities, services, or facilities provided by
the district, to pay some or all of the district's costs of providing the commodities, services, and
facilities, including the costs of:
(A) maintaining and operating the district;
(B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
(C) issuing bonds and paying debt service on district bonds; and
(D) providing a reserve established by the board of trustees; and
(ii) take action the board of trustees considers appropriate and adopt regulations to
assure the collection of all fees and charges that the district imposes;
(k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
property to district facilities in order for the district to provide service to the property;
(l) enter into a contract that the [
local
] 
special
 district board of trustees considers
necessary, convenient, or desirable to carry out the district's purposes, including a contract:
(i) with the United States or any department or agency of the United States;
(ii) to indemnify and save harmless; or
(iii) to do any act to exercise district powers;
(m) purchase supplies, equipment, and materials;
(n) encumber district property upon terms and conditions that the board of trustees
considers appropriate;
(o) exercise other powers and perform other functions that are provided by law;
(p) construct and maintain works and establish and maintain facilities, including works
or facilities:
(i) across or along any public street or highway, subject to Subsection (3) and if the
district:
(A) promptly restores the street or highway, as much as practicable, to its former state
of usefulness; and
(B) does not use the street or highway in a manner that completely or unnecessarily
impairs the usefulness of it;
(ii) in, upon, or over any vacant public lands that are or become the property of the
state, including school and institutional trust lands, as defined in Section 
53C-1-103
, if the
director of the School and Institutional Trust Lands Administration, acting under Sections
53C-1-102
 and 
53C-1-303
, consents; or
(iii) across any stream of water or watercourse, subject to Section 
73-3-29
;
(q) perform any act or exercise any power reasonably necessary for the efficient
operation of the [
local
] 
special
 district in carrying out its purposes;
(r) (i) except for a [
local
] 
special
 district described in Subsection (2)(r)(ii), designate an
assessment area and levy an assessment on land within the assessment area, as provided in
Title 11, Chapter 42, Assessment Area Act; or
(ii) for a [
local
] 
special
 district created to assess a groundwater right in a critical
management area described in Subsection 
17B-1-202
(1), designate an assessment area and levy
an assessment, as provided in Title 11, Chapter 42, Assessment Area Act, on a groundwater
right to facilitate a groundwater management plan;
(s) contract with another political subdivision of the state to allow the other political
subdivision to use the district's surplus water or capacity or have an ownership interest in the
district's works or facilities, upon the terms and for the consideration, whether monetary or
nonmonetary consideration or no consideration, that the district's board of trustees considers to
be in the best interests of the district and the public;
(t) upon the terms and for the consideration, whether monetary or nonmonetary
consideration or no consideration, that the district's board of trustees considers to be in the best
interests of the district and the public, agree:
(i) (A) with another political subdivision of the state; or
(B) with a public or private owner of property on which the district has a right-of-way
or adjacent to which the district owns fee title to property; and
(ii) to allow the use of property:
(A) owned by the district; or
(B) on which the district has a right-of-way; and
(u) if the [
local
] 
special
 district receives, as determined by the [
local
] 
special
 district
board of trustees, adequate monetary or nonmonetary consideration in return:
(i) provide services or nonmonetary assistance to a nonprofit entity;
(ii) waive fees required to be paid by a nonprofit entity; or
(iii) provide monetary assistance to a nonprofit entity, whether from the [
local
] 
special
district's own funds or from funds the [
local
] 
special
 district receives from the state or any other
source.
(3) With respect to a [
local
] 
special
 district's use of a street or highway, as provided in
Subsection (2)(p)(i):
(a) the district shall comply with the reasonable rules and regulations of the
governmental entity, whether state, county, or municipal, with jurisdiction over the street or
highway, concerning:
(i) an excavation and the refilling of an excavation;
(ii) the relaying of pavement; and
(iii) the protection of the public during a construction period; and
(b) the governmental entity, whether state, county, or municipal, with jurisdiction over
the street or highway:
(i) may not require the district to pay a license or permit fee or file a bond; and
(ii) may require the district to pay a reasonable inspection fee.
(4) (a) A [
local
] 
special
 district may:
(i) acquire, lease, or construct and operate electrical generation, transmission, and
distribution facilities, if:
(A) the purpose of the facilities is to harness energy that results inherently from the
district's operation of a project or facilities that the district is authorized to operate or from the
district providing a service that the district is authorized to provide;
(B) the generation of electricity from the facilities is incidental to the primary
operations of the district; and
(C) operation of the facilities will not hinder or interfere with the primary operations of
the district;
(ii) (A) use electricity generated by the facilities; or
(B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric
utility or municipality with an existing system for distributing electricity.
(b) A district may not act as a retail distributor or seller of electricity.
(c) Revenue that a district receives from the sale of electricity from electrical
generation facilities it owns or operates under this section may be used for any lawful district
purpose, including the payment of bonds issued to pay some or all of the cost of acquiring or
constructing the facilities.
(5) A [
local
] 
special
 district may adopt and, after adoption, alter a corporate seal.
(6) (a) Each [
local
] 
special
 district shall register and maintain the [
local
] 
special
district's registration as a limited purpose entity, in accordance with Section 
67-1a-15
.
(b) A [
local
] 
special
 district that fails to comply with Subsection (6)(a) or Section
67-1a-15
 is subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
(7) (a) As used in this Subsection (7), "knife" means a cutting instrument that includes
a sharpened or pointed blade.
(b) The authority to regulate a knife is reserved to the state except where the
Legislature specifically delegates responsibility to a [
local
] 
special
 district.
(c) Unless specifically authorized by the Legislature by statute, a [
local
] 
special
 district
may not adopt or enforce a regulation or rule pertaining to a knife.
Section 18. Section 
17B-1-104
 is amended to read:
17B-1-104.
Property owner provisions.
(1) For purposes of this title:
(a) the owner of real property shall be:
(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the
records of the county recorder on the date of the filing of the request or petition; or
(ii) for a proposed annexation under Part 4, Annexation, the lessee of military land, as
defined in Section 
63H-1-102
, if the area proposed for annexation includes military land that is
within a project area described in a project area plan adopted by the military installation
development authority under Title 63H, Chapter 1, Military Installation Development
Authority Act; and
(b) the value of private real property shall be determined according to the last
assessment before the filing of the request or petition, as determined by:
(i) the county under Title 59, Chapter 2, Part 3, County Assessment, for property
subject to assessment by the county;
(ii) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of
Property, for property subject to assessment by the State Tax Commission; or
(iii) the county, for all other property.
(2) For purposes of each provision of this title that requires the owners of private real
property covering a percentage of the total private land area within the proposed [
local
] 
special
district to sign a request, petition, or protest:
(a) a parcel of real property may not be included in the calculation of the required
percentage unless the request or petition is signed by:
(i) except as provided in Subsection (2)(a)(ii), owners representing a majority
ownership interest in that parcel; or
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
of owners of that parcel;
(b) the signature of a person signing a request or petition in a representative capacity on
behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents
are indicated on the request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition that
reasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a
request or petition on behalf of a deceased owner.
Section 19. Section 
17B-1-104.5
 is amended to read:
17B-1-104.5.
Groundwater right owner provisions -- Vote.
(1) For purposes of this title, an owner of a groundwater right, is on the date of the
filing of a groundwater right owner petition or groundwater right owner request, the owner
according to:
(a) a deed recorded with the county recorder in accordance with Section 
73-1-10
; or
(b) a water right of record filed in the state engineer's office in accordance with Section
73-1-10
.
(2) For purposes of each provision of this title that requires the owners of groundwater
rights covering a percentage of the total groundwater rights within the proposed [
local
] 
special
district to sign a request, petition, or protest:
(a) a groundwater right may not be included in the calculation of the required
percentage unless the request or petition is signed by:
(i) except as provided in Subsection (2)(a)(ii), owners representing a majority
ownership interest in that groundwater right; or
(ii) if the groundwater right is owned by joint tenants or tenants by the entirety, 50% of
the number of owners of that groundwater right;
(b) the signature of a person signing a request or petition in a representative capacity on
behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents
are indicated on the request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition that
reasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a
request or petition on behalf of the estate of a deceased owner.
(3) For an election by groundwater right owners described in this title, each owner of a
groundwater right is entitled to cast one vote.
Section 20. Section 
17B-1-105
 is amended to read:
17B-1-105.
Name of special district -- Name change.
(1) (a) The name of each [
local
] 
special
 district created on or after May 1, 2000 shall
comply with Subsection 
17-50-103
(2)(a).
(b) The board of each [
local
] 
special
 district affected by Subsection 
17-50-103
(2)(b)
shall ensure that after January 1, 2005 the [
local
] 
special
 district name complies with the
requirements of [
that
] Subsection 
17-50-103
(2)(b)
.
(2) The name of a [
local
] 
special
 district created after April 30, 2007 may not include
the name of a county or municipality.
(3) The name of a [
local
] 
special
 district may include words descriptive of the type of
service that the district provides.
(4) (a) A [
local
] 
special
 district board may change the name of that [
local
] 
special
district as provided in this Subsection (4).
(b) To initiate a name change, the [
local
] 
special
 district board shall:
(i) hold a public hearing on the proposed name change;
(ii) adopt a resolution approving the name change; and
(iii) file with the lieutenant governor a notice of an impending name change, as defined
in Section 
67-1a-6.7
, that meets the requirements of Subsection 
67-1a-6.7
(3).
(c) Upon the lieutenant governor's issuance of a certificate of name change under
Section 
67-1a-6.7
, the [
local
] 
special
 district board shall:
(i) if the [
local
] 
special
 district is located within the boundary of a single county,
submit to the recorder of that county:
(A) the original:
(I) notice of an impending name change; and
(II) certificate of name change; and
(B) a certified copy of the resolution approving the name change; or
(ii) if the [
local
] 
special
 district 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 (4)(c)(i)(A)(I) and (II); and
(II) a certified copy of the resolution approving the name change; and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (4)(c)(i)(A)(I) and (II); and
(II) a certified copy of the resolution approving the name change.
(d) (i) A name change under this Subsection (4) becomes effective upon the lieutenant
governor's issuance of a certificate of name change under Section 
67-1a-6.7
.
(ii) Notwithstanding Subsection (4)(d)(i), the [
local
] 
special
 district may not operate
under the new name until the documents listed in Subsection (4)(c) are recorded in the office of
the recorder of each county in which the [
local
] 
special
 district is located.
Section 21. Section 
17B-1-106
 is amended to read:
17B-1-106.
Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, [
local
] 
special
 district under
this title, special service district, school district, interlocal cooperation entity established under
Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or
(B) that has filed with the [
local
] 
special
 district a copy of the general or long-range
plan of the county, municipality, [
local
] 
special
 district, school district, interlocal cooperation
entity, or specified public utility.
(ii) "Affected entity" does not include the [
local
] 
special
 district that is required under
this section to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(2) (a) If a [
local
] 
special
 district under this title located in a county of the first or
second class prepares a long-range plan regarding the [
local
] 
special
 district's facilities
proposed for the future or amends an already existing long-range plan, the [
local
] 
special
district shall, before preparing a long-range plan or amendments to an existing long-range plan,
provide written notice, as provided in this section, of the [
local
] 
special
 district's intent to
prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the [
local
] 
special
 district intends to prepare a long-range plan or to
amend a long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be:
(A) sent to each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) sent to each affected entity;
(C) sent to the Utah Geospatial Resource Center created in Section 
63A-16-505
;
(D) sent to each association of governments, established pursuant to an interlocal
agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
municipality described in Subsection (2)(b)(iii)(A) is a member; and
(E) (I) placed on the Utah Public Notice Website created under Section 
63A-16-601
, if
the [
local
] 
special
 district:
(Aa) is required under Subsection 
52-4-203
(3) to use that website to provide public
notice of a meeting; or
(Bb) voluntarily chooses to place notice on that website despite not being required to
do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
(II) the state planning coordinator appointed under Section 
63J-4-401
, if the [
local
]
special
 district does not provide notice on the Utah Public Notice Website under Subsection
(2)(b)(iii)(E)(I);
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the [
local
] 
special
district to consider in the process of preparing, adopting, and implementing the long-range plan
or amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the [
local
] 
special
 district has one, and
the name and telephone number of an individual where more information can be obtained
concerning the [
local
] 
special
 district's proposed long-range plan or amendments to a
long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each [
local
] 
special
 district intending to
acquire real property in a county of the first or second class for the purpose of expanding the
[
local
] 
special
 district's infrastructure or other facilities used for providing the services that the
[
local
] 
special
 district is authorized to provide shall provide written notice, as provided in this
Subsection (3), of the [
local
] 
special
 district's intent to acquire the property if the intended use
of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan;
or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the [
local
] 
special
 district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the [
local
] 
special
district previously provided notice under Subsection (2) identifying the general location within
the municipality or unincorporated part of the county where the property to be acquired is
located.
(ii) If a [
local
] 
special
 district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the [
local
] 
special
 district shall
provide the notice specified in Subsection (3)(a) as soon as practicable after the [
local
] 
special
district's acquisition of the real property.
Section 22. Section 
17B-1-107
 is amended to read:
17B-1-107.
Recording a release of lien.
If a [
local
] 
special
 district records a lien upon real property or a groundwater right for
an unpaid assessment by the owner and the owner then pays the assessment in full, including,
subject to Section 
17B-1-902.1
, any interest and administrative costs, the [
local
] 
special
 district
recording the lien shall record the release of the lien.
Section 23. Section 
17B-1-110
 is amended to read:
17B-1-110.
Compliance with nepotism requirements.
Each [
local
] 
special
 district shall comply with Title 52, Chapter 3, Prohibiting
Employment of Relatives.
Section 24. Section 
17B-1-111
 is amended to read:
17B-1-111.
Impact fee resolution -- Notice and hearing requirements.
(1) (a) If a [
local
] 
special
 district wishes to impose impact fees, the board of trustees of
the [
local
] 
special
 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
] 
special
 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; or
(b) gives actual notice of the hearing or meeting.
(3) The [
local
] 
special
 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 25. Section 
17B-1-113
 is amended to read:
17B-1-113.
Liability insurance.
(1) Each [
local
] 
special
 district with an annual operating budget of $50,000 or more
shall obtain liability insurance as considered appropriate by the [
local
] 
special
 district board.
(2) Each [
local
] 
special
 district with an annual operating budget of less than $50,000 is
not required to obtain liability insurance, but liability insurance is encouraged, as considered
appropriate by the [
local
] 
special
 district board.
Section 26. Section 
17B-1-114
 is amended to read:
17B-1-114.
Special district property taxes on a parity with general taxes.
Unless otherwise specifically provided by statute, property taxes levied by a [
local
]
special
 district shall constitute a lien on the property on a parity with and collectible at the same
time and in the same manner as general county taxes that are a lien on the property.
Section 27. Section 
17B-1-115
 is amended to read:
17B-1-115.
Validation of previously created special districts -- Continuation of
certain special districts under this chapter -- Providing a previously authorized service.
(1) Each [
local
] 
special
 district created before April 30, 2007 under the law in effect at
the time of the creation is declared to be validly and legally constituted.
(2) An entity created and operating under the law in effect before April 30, 2007 as a
[
local
] 
special
 district but not as a cemetery maintenance district, drainage district, fire
protection district, improvement district, irrigation district, metropolitan water district,
mosquito abatement district, public transit district, service area, or water conservancy district
shall continue on and after April 30, 2007 as a [
local
] 
special
 district subject to the provisions
of this chapter but not subject to the provisions of [
Chapter 2a, Provisions Applicable to
Different Types of Local Districts
] 
Chapter 2a, Provisions Applicable to Different Types of
Special Districts
.
(3) Nothing in this title may be construed to prohibit or limit a [
local
] 
special
 district
from providing on or after April 30, 2007 a service that it was authorized before that date to
provide.
Section 28. Section 
17B-1-116
 is amended to read:
17B-1-116.
Property exempt from taxation and execution.
All property and assets of a [
local
] 
special
 district are exempt from taxation and exempt
from execution.
Section 29. Section 
17B-1-118
 is amended to read:
17B-1-118.
Special district hookup fee -- Preliminary design or site plan from a
specified public agency.
(1) As used in this section:
(a) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a [
local
] 
special
 district water, sewer, storm water, power,
or other utility system.
(b) "Impact fee" has the same meaning as defined in Section 
11-36a-102
.
(c) "Specified public agency" means:
(i) the state;
(ii) a school district; or
(iii) a charter school.
(d) "State" includes any department, division, or agency of the state.
(2) A [
local
] 
special
 district may not impose or collect a hookup fee that exceeds the
reasonable cost of installing and inspecting the pipe, line, meter, or appurtenance to connect to
the [
local
] 
special
 district water, sewer, storm water, power, or other utility system.
(3) (a) A specified public agency intending to develop its land shall submit a
development plan and schedule to each [
local
] 
special
 district from which the specified public
agency anticipates the development will receive service:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the [
local
] 
special
 district to assess:
(A) the demand for public facilities listed in Subsections 
11-36a-102
(17)(a), (b), (c),
(d), (e), and (g) caused by the development;
(B) the amount of any hookup fees, or impact fees or substantive equivalent;
(C) any credit against an impact fee; and
(D) the potential for waiving an impact fee.
(b) The [
local
] 
special
 district shall respond to a specified public agency's submission
under Subsection (3)(a) with reasonable promptness in order to allow the specified public
agency to consider information the [
local
] 
special
 district provides under Subsection (3)(a)(ii)
in the process of preparing the budget for the development.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection (3) that complies with the requirements of that subsection, the specified
public agency vests in the [
local
] 
special
 district's hookup fees and impact fees in effect on the
date of submission.
Section 30. Section 
17B-1-119
 is amended to read:
17B-1-119.
Duty to comply with local land use provisions.
A [
local
] 
special
 district shall comply with Title 10, Chapter 9a, Municipal Land Use,
Development, and Management Act, and Title 17, Chapter 27a, County Land Use,
Development, and Management Act, as applicable, if a land use authority consults with or
allows the [
local
] 
special
 district to participate in any way in a land use authority's land use
development review or approval process.
Section 31. Section 
17B-1-120
 is amended to read:
17B-1-120.
Exactions -- Exaction for water interest -- Requirement to offer to
original owner property acquired by exaction.
(1) A [
local
] 
special
 district may impose an exaction on a service received by an
applicant, including, subject to Subsection (2), an exaction for a water interest if:
(a) the [
local
] 
special
 district establishes that a legitimate [
local
] 
special
 district interest
makes the exaction essential; and
(b) the exaction is roughly proportionate, both in nature and extent, to the impact of the
proposed service on the [
local
] 
special
 district.
(2) (a) (i) A [
local
] 
special
 district shall base an exaction for a water interest on the
culinary water authority's established calculations of projected water interest requirements.
(ii) If requested by a service applicant, the culinary authority shall provide the basis for
the culinary water authority's calculations described in Subsection (2)(a)(i).
(b) A [
local
] 
special
 district may not impose an exaction for a water interest if the
culinary water authority's existing available water interests exceed the water interests needed to
meet the reasonable future water requirement of the public, as determined in accordance with
Section 
73-1-4
.
(3) (a) If a [
local
] 
special
 district plans to dispose of surplus real property that was
acquired under this section and has been owned by the [
local
] 
special
 district for less than 15
years, the [
local
] 
special
 district shall offer to reconvey the surplus real property, without
receiving additional consideration, first to a person who granted the real property to the [
local
]
special
 district.
(b) The person described in Subsection (3)(a) shall, within 90 days after the day on
which a [
local
] 
special
 district makes an offer under Subsection (3)(a), accept or reject the
offer.
(c) If a person rejects an offer under Subsection (3)(b), the [
local
] 
special
 district may
sell the real property.
Section 32. Section 
17B-1-121
 is amended to read:
17B-1-121.
Limit on fees -- Requirement to itemize and account for fees --
Appeals.
(1) A [
local
] 
special
 district may not impose or collect:
(a) an application fee that exceeds the reasonable cost of processing the application; or
(b) an inspection or review fee that exceeds the reasonable cost of performing an
inspection or review.
(2) (a) Upon request by a service applicant who is charged a fee or an owner of
residential property upon which a fee is imposed, a [
local
] 
special
 district shall provide a
statement of each itemized fee and calculation method for each fee.
(b) If an applicant who is charged a fee or an owner of residential property upon which
a fee is imposed submits a request for a statement of each itemized fee no later than 30 days
after the day on which the applicant or owner pays the fee, the [
local
] 
special
 district shall, no
later than 10 days after the day on which the request is received, provide or commit to provide
within a specific time:
(i) for each fee, any studies, reports, or methods relied upon by the [
local
] 
special
district to create the calculation method described in Subsection (2)(a);
(ii) an accounting of each fee paid;
(iii) how each fee will be distributed by the [
local
] 
special
 district; and
(iv) information on filing a fee appeal through the process described in Subsection
(2)(c).
(c) (i) A [
local
] 
special
 district shall establish an impartial fee appeal process to
determine whether a fee reflects only the reasonable estimated cost of delivering the service for
which the fee was paid.
(ii) A party to a fee appeal described in Subsection (2)(c)(i) may petition for judicial
review of the [
local
] 
special
 district's final decision.
(3) A [
local
] 
special
 district may not impose on or collect from a public agency a fee
associated with the public agency's development of the public agency's land other than:
(a) subject to Subsection (1), a hookup fee; or
(b) an impact fee, as defined in Section 
11-36a-102
 and subject to Section 
11-36a-402
,
for a public facility listed in Subsection 
11-36a-102
(17)(a), (b), (c), (d), (e), or (g).
Section 33. Section 
17B-1-201
 is amended to read:
Part 2. Creation of a District
17B-1-201.
Definitions.
As used in this part:
(1) "Applicable area" means:
(a) for a county, the unincorporated area of the county that is included within the
proposed [
local
] 
special
 district; or
(b) for a municipality, the area of the municipality that is included within the proposed
[
local
] 
special
 district.
(2) "Governing body" means:
(a) for a county or municipality, the legislative body of the county or municipality; and
(b) for a [
local
] 
special
 district, the board of trustees of the [
local
] 
special
 district.
(3) "Groundwater right owner petition" means a petition under Subsection
17B-1-203
(1)(c).
(4) "Groundwater right owner request" means a request under Section 
17B-1-204
 that
is signed by owners of water rights as provided in Subsection 
17B-1-204
(2)(b)(ii).
(5) "Initiating [
local
] 
special
 district" means a [
local
] 
special
 district that adopts a
resolution proposing the creation of a [
local
] 
special
 district under Subsection 
17B-1-203
(1)(e).
(6) "Petition" means a petition under Subsection 
17B-1-203
(1)(a), (b), or (c).
(7) "Property owner petition" means a petition under Subsection 
17B-1-203
(1)(a).
(8) "Property owner request" means a request under Section 
17B-1-204
 that is signed
by owners of real property as provided in Subsection 
17B-1-204
(2)(b)(i).
(9) "Registered voter request" means a request under Section 
17B-1-204
 that is signed
by registered voters as provided in Subsection 
17B-1-204
(2)(b)(iii).
(10) "Registered voter petition" means a petition under Subsection 
17B-1-203
(1)(b).
(11) "Request" means a request as described in Section 
17B-1-204
.
(12) "Responsible body" means the governing body of:
(a) the municipality in which the proposed [
local
] 
special
 district is located, if the
petition or resolution proposes the creation of a [
local
] 
special
 district located entirely within a
single municipality;
(b) the county in which the proposed [
local
] 
special
 district is located, if the petition or
resolution proposes the creation of a [
local
] 
special
 district located entirely within a single
county and all or part of the proposed [
local
] 
special
 district is located within:
(i) the unincorporated part of the county; or
(ii) more than one municipality within the county;
(c) if the petition or resolution proposes the creation of a [
local
] 
special
 district located
within more than one county, the county whose boundaries include more of the area of the
proposed [
local
] 
special
 district than is included within the boundaries of any other county; or
(d) the initiating [
local
] 
special
 district, if a resolution proposing the creation of a
[
local
] 
special
 district is adopted under Subsection 
17B-1-203
(1)(e).
(13) "Responsible clerk" means the clerk of the county or the clerk or recorder of the
municipality whose legislative body is the responsible body.
Section 34. Section 
17B-1-202
 is amended to read:
17B-1-202.
Special district may be created -- Services that may be provided --
Limitations.
(1) (a) A [
local
] 
special
 district may be created as provided in this part to provide
within its boundaries service consisting of:
(i) the operation of an airport;
(ii) the operation of a cemetery;
(iii) fire protection, paramedic, and emergency services, including consolidated 911
and emergency dispatch services;
(iv) garbage collection and disposal;
(v) health care, including health department or hospital service;
(vi) the operation of a library;
(vii) abatement or control of mosquitos and other insects;
(viii) the operation of parks or recreation facilities or services;
(ix) the operation of a sewage system;
(x) the construction and maintenance of a right-of-way, including:
(A) a curb;
(B) a gutter;
(C) a sidewalk;
(D) a street;
(E) a road;
(F) a water line;
(G) a sewage line;
(H) a storm drain;
(I) an electricity line;
(J) a communications line;
(K) a natural gas line; or
(L) street lighting;
(xi) transportation, including public transit and providing streets and roads;
(xii) the operation of a system, or one or more components of a system, for the
collection, storage, retention, control, conservation, treatment, supplying, distribution, or
reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
the system is operated on a wholesale or retail level or both;
(xiii) in accordance with Subsection (1)(c), the acquisition or assessment of a
groundwater right for the development and execution of a groundwater management plan in
cooperation with and approved by the state engineer in accordance with Section 
73-5-15
;
(xiv) law enforcement service;
(xv) subject to Subsection (1)(b), the underground installation of an electric utility line
or the conversion to underground of an existing electric utility line;
(xvi) the control or abatement of earth movement or a landslide;
(xvii) the operation of animal control services and facilities; or
(xviii) an energy efficiency upgrade, a renewable energy system, or electric vehicle
charging infrastructure as defined in Section 
11-42a-102
, in accordance with Title 11, Chapter
42a, Commercial Property Assessed Clean Energy Act.
(b) Each [
local
] 
special
 district that provides the service of the underground installation
of an electric utility line or the conversion to underground of an existing electric utility line
shall, in installing or converting the line, provide advance notice to and coordinate with the
utility that owns the line.
(c) A groundwater management plan described in Subsection (1)(a)(xiii) may include
the banking of groundwater rights by a [
local
] 
special
 district in a critical management area as
defined in Section 
73-5-15
 following the adoption of a groundwater management plan by the
state engineer under Section 
73-5-15
.
(i) A [
local
] 
special
 district may manage the groundwater rights it acquires under
Subsection 
17B-1-103
(2)(a) or (b) consistent with the provisions of a groundwater
management plan described in this Subsection (1)(c).
(ii) A groundwater right held by a [
local
] 
special
 district to satisfy the provisions of a
groundwater management plan is not subject to the forfeiture provisions of Section 
73-1-4
.
(iii) (A) A [
local
] 
special
 district may divest itself of a groundwater right subject to a
determination that the groundwater right is not required to facilitate the groundwater
management plan described in this Subsection (1)(c).
(B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section
73-1-4
 beginning on the date of divestiture.
(iv) Upon a determination by the state engineer that an area is no longer a critical
management area as defined in Section 
73-5-15
, a groundwater right held by the [
local
] 
special
district is subject to Section 
73-1-4
.
(v) A [
local
] 
special
 district created in accordance with Subsection (1)(a)(xiii) to
develop and execute a groundwater management plan may hold or acquire a right to surface
waters that are naturally tributary to the groundwater basin subject to the groundwater
management plan if the surface waters are appropriated in accordance with Title 73, Water and
Irrigation, and used in accordance with Title 73, Chapter 3b, Groundwater Recharge and
Recovery Act.
(2) [
For purposes of
] 
As used in
 this section:
(a) "Operation" means all activities involved in providing the indicated service
including acquisition and ownership of property reasonably necessary to provide the indicated
service and acquisition, construction, and maintenance of facilities and equipment reasonably
necessary to provide the indicated service.
(b) "System" means the aggregate of interrelated components that combine together to
provide the indicated service including, for a sewage system, collection and treatment.
(3) (a) A [
local
] 
special
 district may not be created to provide and may not after its
creation provide more than four of the services listed in Subsection (1).
(b) Subsection (3)(a) may not be construed to prohibit a [
local
] 
special
 district from
providing more than four services if, before April 30, 2007, the [
local
] 
special
 district was
authorized to provide those services.
(4) (a) Except as provided in Subsection (4)(b), a [
local
] 
special
 district may not be
created to provide and may not after its creation provide to an area the same service that may
already be provided to that area by another political subdivision, unless the other political
subdivision gives its written consent.
(b) For purposes of Subsection (4)(a), a [
local
] 
special
 district does not provide the
same service as another political subdivision if it operates a component of a system that is
different from a component operated by another political subdivision but within the same:
(i) sewage system; or
(ii) water system.
(5) (a) Except for a [
local
] 
special
 district in the creation of which an election is not
required under Subsection 
17B-1-214
(3)(d), the area of a [
local
] 
special
 district may include all
or part of the unincorporated area of one or more counties and all or part of one or more
municipalities.
(b) The area of a [
local
] 
special
 district need not be contiguous.
(6) For a [
local
] 
special
 district created before May 5, 2008, the authority to provide
fire protection service also includes the authority to provide:
(a) paramedic service; and
(b) emergency service, including hazardous materials response service.
(7) A [
local
] 
special
 district created before May 11, 2010, authorized to provide the
construction and maintenance of curb, gutter, or sidewalk may provide a service described in
Subsection (1)(a)(x) on or after May 11, 2010.
(8) A [
local
] 
special
 district created before May 10, 2011, authorized to provide
culinary, irrigation, sewage, or storm water services may provide a service described in
Subsection (1)(a)(xii) on or after May 10, 2011.
(9) A [
local
] 
special
 district may not be created under this chapter for two years after
the date on which a [
local
] 
special
 district is dissolved as provided in Section 
17B-1-217
 if the
[
local
] 
special
 district proposed for creation:
(a) provides the same or a substantially similar service as the dissolved [
local
] 
special
district; and
(b) is located in substantially the same area as the dissolved [
local
] 
special
 district.
Section 35. Section 
17B-1-203
 is amended to read:
17B-1-203.
Process to initiate the creation of a special district -- Petition or
resolution.
(1) The process to create a [
local
] 
special
 district may be initiated by:
(a) unless the proposed [
local
] 
special
 district is a [
local
] 
special
 district to acquire or
assess a groundwater right under Section 
17B-1-202
, and subject to Section 
17B-1-204
, a
petition signed by the owners of private real property that:
(i) is located within the proposed [
local
] 
special
 district;
(ii) covers at least 33% of the total private land area within the proposed [
local
] 
special
district as a whole and within each applicable area;
(iii) is equal in value to at least 25% of the value of all private real property within the
proposed [
local
] 
special
 district as a whole and within each applicable area; and
(iv) complies with the requirements of Subsection 
17B-1-205
(1) and Section
17B-1-208
;
(b) subject to Section 
17B-1-204
, a petition that:
(i) is signed by registered voters residing within the proposed [
local
] 
special
 district as
a whole and within each applicable area, equal in number to at least 33% of the number of
votes cast in the proposed [
local
] 
special
 district as a whole and in each applicable area,
respectively, for the office of governor at the last regular general election prior to the filing of
the petition; and
(ii) complies with the requirements of Subsection 
17B-1-205
(1) and Section
17B-1-208
;
(c) if the proposed [
local
] 
special
 district is a [
local
] 
special
 district to acquire or assess
a groundwater right under Section 
17B-1-202
, and subject to Section 
17B-1-204
, a petition
signed by the owners of groundwater rights that:
(i) are diverted within the proposed [
local
] 
special
 district;
(ii) cover at least 33% of the total amount of groundwater diverted in accordance with
groundwater rights within the proposed [
local
] 
special
 district as a whole and within each
applicable area; and
(iii) comply with the requirements of Subsection 
17B-1-205
(1) and Section 
17B-1-208
;
(d) a resolution proposing the creation of a [
local
] 
special
 district, adopted by the
legislative body of each county whose unincorporated area, whether in whole or in part,
includes and each municipality whose boundaries include any of the proposed [
local
] 
special
district; or
(e) a resolution proposing the creation of a [
local
] 
special
 district, adopted by the board
of trustees of an existing [
local
] 
special
 district whose boundaries completely encompass the
proposed [
local
] 
special
 district, if:
(i) the proposed [
local
] 
special
 district is being created to provide one or more
components of the same service that the initiating [
local
] 
special
 district is authorized to
provide; and
(ii) the initiating [
local
] 
special
 district is not providing to the area of the proposed
[
local
] 
special
 district any of the components that the proposed [
local
] 
special
 district is being
created to provide.
(2) (a) Each resolution under Subsection (1)(d) or (e) shall:
(i) describe the area proposed to be included in the proposed [
local
] 
special
 district;
(ii) be accompanied by a map that shows the boundaries of the proposed [
local
] 
special
district;
(iii) describe the service proposed to be provided by the proposed [
local
] 
special
district;
(iv) if the resolution proposes the creation of a specialized [
local
] 
special
 district,
specify the type of specialized [
local
] 
special
 district proposed to be created;
(v) explain the anticipated method of paying the costs of providing the proposed
service;
(vi) state the estimated average financial impact on a household within the proposed
[
local
] 
special
 district;
(vii) state the number of members that the board of trustees of the proposed [
local
]
special
 district will have, consistent with the requirements of Subsection 
17B-1-302
(4);
(viii) for a proposed basic [
local
] 
special
 district:
(A) state whether the members of the board of trustees will be elected or appointed or
whether some members will be elected and some appointed, as provided in Section
17B-1-1402
;
(B) if one or more members will be elected, state the basis upon which each elected
member will be elected; and
(C) if applicable, explain how the election or appointment of board members will
transition from one method to another based on stated milestones or events, as provided in
Section 
17B-1-1402
;
(ix) for a proposed improvement district whose remaining area members or county
members, as those terms are defined in Section 
17B-2a-404
, are to be elected, state that those
members will be elected; and
(x) for a proposed service area that is entirely within the unincorporated area of a single
county, state whether the initial board of trustees will be:
(A) the county legislative body;
(B) appointed as provided in Section 
17B-1-304
; or
(C) elected as provided in Section 
17B-1-306
.
(b) Each county or municipal legislative body adopting a resolution under Subsection
(1)(d) shall, on or before the first public hearing under Section 
17B-1-210
, mail or deliver a
copy of the resolution to the responsible body if the county or municipal legislative body's
resolution is one of multiple resolutions adopted by multiple county or municipal legislative
bodies proposing the creation of the same [
local
] 
special
 district.
Section 36. Section 
17B-1-204
 is amended to read:
17B-1-204.
Request for service required before filing of petition -- Request
requirements.
(1) A petition may not be filed until after:
(a) a request has been filed with:
(i) the clerk of each county in whose unincorporated area any part of the proposed
[
local
] 
special
 district is located; and
(ii) the clerk or recorder of each municipality in which any part of the proposed [
local
]
special
 district is located; and
(b) each county and municipality with which a request under Subsection (1)(a) is filed:
(i) has adopted a resolution under Subsection 
17B-1-212
(1) indicating whether it will
provide the requested service; or
(ii) is considered to have declined to provide the requested service under Subsection
17B-1-212
(2) or (3).
(2) Each request under Subsection (1)(a) shall:
(a) ask the county or municipality to provide the service proposed to be provided by the
proposed [
local
] 
special
 district within the applicable area; and
(b) be signed by:
(i) unless the request is a request to create a [
local
] 
special
 district to acquire or assess a
groundwater right under Section 
17B-1-202
, the owners of private real property that:
(A) is located within the proposed [
local
] 
special
 district;
(B) covers at least 10% of the total private land area within the applicable area; and
(C) is equal in value to at least 7% of the value of all private real property within the
applicable area;
(ii) if the request is a request to create a [
local
] 
special
 district to acquire or assess a
groundwater right under Section 
17B-1-202
, the owners of groundwater rights that:
(A) are diverted within the proposed [
local
] 
special
 district; and
(B) cover at least 10% of the amount of groundwater diverted in accordance with
groundwater rights within the applicable area; or
(iii) registered voters residing within the applicable area equal in number to at least
10% of the number of votes cast in the applicable area for the office of governor at the last
general election prior to the filing of the request.
(3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a
municipality in a petition under Section 
10-2-403
 filed before and still pending at the time of
filing of a petition shall be considered to be part of that municipality.
Section 37. Section 
17B-1-205
 is amended to read:
17B-1-205.
Petition and request requirements -- Withdrawal of signature.
(1) Each petition and request shall:
(a) indicate the typed or printed name and current residence address of each property
owner, groundwater right owner, or registered voter signing the petition;
(b) (i) if it is a property owner request or petition, indicate the address of the property
as to which the owner is signing the request or petition; or
(ii) if it is a groundwater right owner request or petition, indicate the location of the
diversion of the groundwater as to which the owner is signing the groundwater right owner
request or petition;
(c) describe the entire area of the proposed [
local
] 
special
 district;
(d) be accompanied by a map showing the boundaries of the entire proposed [
local
]
special
 district;
(e) specify the service proposed to be provided by the proposed [
local
] 
special
 district;
(f) if the petition or request proposes the creation of a specialized [
local
] 
special
district, specify the type of specialized [
local
] 
special
 district proposed to be created;
(g) for a proposed basic [
local
] 
special
 district:
(i) state whether the members of the board of trustees will be elected or appointed or
whether some members will be elected and some appointed, as provided in Section
17B-1-1402
;
(ii) if one or more members will be elected, state the basis upon which each elected
member will be elected; and
(iii) if applicable, explain how the election or appointment of board members will
transition from one method to another based on stated milestones or events, as provided in
Section 
17B-1-1402
;
(h) for a proposed improvement district whose remaining area members or county
members, as those terms are defined in Section 
17B-2a-404
, are to be elected, state that those
members will be elected; and
(i) for a proposed service area that is entirely within the unincorporated area of a single
county, state whether the initial board of trustees will be:
(i) the county legislative body;
(ii) appointed as provided in Section 
17B-1-304
; or
(iii) elected as provided in Section 
17B-1-306
;
(j) designate up to five signers of the petition or request as sponsors, one of whom shall
be designated as the contact sponsor, with the mailing address and telephone number of each;
(k) if the petition or request is a groundwater right owner petition or request proposing
the creation of a [
local
] 
special
 district to acquire a groundwater right under Section
17B-1-202
, explain the anticipated method:
(i) of paying for the groundwater right acquisition; and
(ii) of addressing blowing dust created by the reduced use of water; and
(l) if the petition or request is a groundwater right owner petition or request proposing
the creation of a [
local
] 
special
 district to assess a groundwater right under Section 
17B-1-202
,
explain the anticipated method:
(i) of assessing the groundwater right and securing payment of the assessment; and
(ii) of addressing blowing dust created by the reduced use of water.
(2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
signer's signature at any time before the filing of the request or petition by filing a written
withdrawal or reinstatement with:
(a) in the case of a request:
(i) the clerk of the county or the clerk or recorder of the municipality in whose
applicable area the signer's property is located, if the request is a property owner request;
(ii) the clerk of the county or the clerk or recorder of the municipality in whose
applicable area the signer's groundwater diversion point is located, if the request is a
groundwater right owner request; or
(iii) the clerk of the county or the clerk or recorder of the municipality in whose
applicable area the signer resides, if the request is a registered voter request; or
(b) in the case of a petition, the responsible clerk.
Section 38. Section 
17B-1-207
 is amended to read:
17B-1-207.
Signature on request may be used on petition.
A signature on a request may be used toward fulfilling the signature requirement of a
petition:
(1) if the request notifies the signer in conspicuous language that the signature, unless
withdrawn, would also be used for purposes of a petition to create a [
local
] 
special
 district; and
(2) unless the signer files a written withdrawal of the signature before the petition is
filed.
Section 39. Section 
17B-1-208
 is amended to read:
17B-1-208.
Additional petition requirements and limitations.
(1) Each petition shall:
(a) be filed with the responsible clerk;
(b) separately group signatures by county and municipality, so that all signatures of the
owners of real property located within or of registered voters residing within each county
whose unincorporated area includes and each municipality whose boundaries include part of
the proposed [
local
] 
special
 district are grouped separately; and
(c) state the number of members that the board of trustees of the proposed [
local
]
special
 district will have, consistent with the requirements of Subsection 
17B-1-302
(4).
(2) (a) A petition may not propose the creation of a [
local
] 
special
 district that includes
an area located within the unincorporated part of a county or within a municipality if the
legislative body of that county or municipality has adopted a resolution under Subsection
17B-1-212
(1) indicating that the county or municipality will provide to that area the service
proposed to be provided by the proposed [
local
] 
special
 district.
(b) Subsection (2)(a) does not apply if the county or municipal legislative body is
considered to have declined to provide the requested service under Subsection 
17B-1-212
(3).
(c) Subsection (2)(a) may not be construed to prevent the filing of a petition that
proposes the creation of a [
local
] 
special
 district whose area excludes that part of the
unincorporated area of a county or that part of a municipality to which the county or
municipality has indicated, in a resolution adopted under Section 
17B-1-212
, it will provide the
requested service.
(3) A petition may not propose the creation of a [
local
] 
special
 district whose area
includes:
(a) some or all of an area described in a previously filed petition that, subject to
Subsection 
17B-1-202
(4)(b):
(i) proposes the creation of a [
local
] 
special
 district to provide the same service as
proposed by the later filed petition; and
(ii) is still pending at the time the later petition is filed; or
(b) some or all of an area within a political subdivision that provides in that area the
same service proposed to be provided by the proposed [
local
] 
special
 district.
(4) A petition may not be filed more than 12 months after a county or municipal
legislative body declines to provide the requested service under Subsection 
17B-1-212
(1) or is
considered to have declined to provide the requested service under Subsection 
17B-1-212
(2) or
(3).
Section 40. Section 
17B-1-209
 is amended to read:
17B-1-209.
Petition certification -- Amended petition.
(1) No later than five days after the day on which a petition is filed, the responsible
clerk shall mail a copy of the petition to the clerk of each other county and the clerk or recorder
of each municipality in which any part of the proposed [
local
] 
special
 district is located.
(2) (a) No later than 35 days after the day on which a petition is filed, the clerk of each
county whose unincorporated area includes and the clerk or recorder of each municipality
whose boundaries include part of the proposed [
local
] 
special
 district shall:
(i) with the assistance of other county or municipal officers from whom the county
clerk or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's
respective county or municipality, whether the petition complies with the requirements of
Subsection 
17B-1-203
(1)(a), (b), or (c), as the case may be, and Subsections 
17B-1-208
(2), (3),
and (4); and
(ii) notify the responsible clerk in writing of the clerk or recorder's determination under
Subsection (2)(a)(i).
(b) The responsible clerk may rely on the determinations of other county clerks or
municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
determinations and certification or rejection under Subsection (3).
(3) (a) Within 45 days after the filing of a petition, the responsible clerk shall:
(i) determine whether the petition complies with Subsection 
17B-1-203
(1)(a), (b), or
(c), as the case may be, Subsection 
17B-1-205
(1), and Section 
17B-1-208
; and
(ii) (A) if the responsible clerk determines that the petition complies with the
applicable requirements:
(I) (Aa) certify the petition and deliver the certified petition to the responsible body;
and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) for each petition described in Subsection (3)(b)(i), deliver a copy of the petition to
the legislative body of each county whose unincorporated area includes and each municipality
whose boundaries include any of the proposed basic [
local
] 
special
 district, with a notice
indicating that the clerk has determined that the petition complies with applicable
requirements; or
(B) if the responsible clerk determines that the petition fails to comply with any of the
applicable requirements, reject the petition and notify the contact sponsor in writing of the
rejection and the reasons for the rejection.
(b) (i) A petition for which an election is not required under Subsection 
17B-1-214
(3)
and that proposes the creation of a basic [
local
] 
special
 district that has within its boundaries
fewer than one residential dwelling unit per 10 acres of land may not be certified without the
approval, by resolution, of the legislative body of each county whose unincorporated area
includes and each municipality whose boundaries include any of the proposed [
local
] 
special
district.
(ii) Before adopting a resolution giving its approval under Subsection (3)(b)(i), a
county or municipal legislative body may hold one or more public hearings on the petition.
(iii) If a petition described in Subsection (3)(b)(i) is approved as provided in that
subsection, the responsible clerk shall, within 10 days after its approval:
(A) certify the petition and deliver the certified petition to the responsible body; and
(B) mail or deliver written notification of the certification to the contact sponsor.
(4) Except for a petition described in Subsection (3)(b)(i), if the responsible clerk fails
to certify or reject a petition within 45 days after its filing, the petition shall be considered to be
certified.
(5) The responsible clerk shall certify or reject petitions in the order in which they are
filed.
(6) (a) If the responsible clerk rejects a petition under Subsection (3)(a)(ii)(B), the
petition may be amended to correct the deficiencies for which it was rejected and then refiled.
(b) A valid signature on a petition that was rejected under Subsection (3)(a)(ii)(B) may
be used toward fulfilling the applicable signature requirement of the petition as amended under
Subsection (6)(a).
(c) If a petition is amended and refiled under Subsection (6)(a) after having been
rejected by the responsible clerk under Subsection (3)(a)(ii)(B), the amended petition shall be
considered as newly filed, and its processing priority shall be determined by the date on which
it is refiled.
(7) The responsible clerk and each county clerk and municipal clerk or recorder shall
act in good faith in making the determinations under this section.
Section 41. Section 
17B-1-210
 is amended to read:
17B-1-210.
Public hearing.
(1) The legislative body of each county and 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
] 
special
 district that adopts a resolution under Subsection 
17B-1-203
(1)(e) shall hold a
public hearing or a set of public hearings, sufficient in number and location to ensure that no
substantial group of residents of the proposed [
local
] 
special
 district need travel an
unreasonable distance to attend a public hearing.
(2) Each public hearing under Subsection (1) shall be held:
(a) no later than 45 days after:
(i) for a public hearing on a request, certification of a request under Subsection
17B-1-206
(1)(b)(i); or
(ii) for a public hearing on a resolution, adoption of a resolution under Subsection
17B-1-203
(1)(d) or (e);
(b) within the proposed [
local
] 
special
 district;
(c) except as provided in Subsections (6) and (7), within the applicable area; and
(d) for the purpose of:
(i) for a public hearing on a request, allowing public input on:
(A) whether the requested service is needed in the area of the proposed [
local
] 
special
district;
(B) whether the service should be provided by the county or municipality or the
proposed [
local
] 
special
 district; and
(C) all other matters relating to the request or the proposed [
local
] 
special
 district; or
(ii) for a public hearing on a resolution, allowing the public to ask questions of and
obtain further information from the governing body holding the hearing regarding the issues
contained in or raised by the resolution.
(3) A quorum of each governing body holding a public hearing under this section shall
be present throughout each hearing held by that governing body.
(4) Each hearing under this section shall be held on a weekday evening other than a
holiday beginning no earlier than 6 p.m.
(5) At the beginning and end of each hearing concerning a resolution, the governing
body shall announce the deadline for filing protests and generally explain the protest procedure
and requirements.
(6) Two or more county or municipal legislative bodies may jointly hold a hearing or
set of hearings required under this section if all the requirements of this section, other than the
requirements of Subsection (2)(c), are met as to each hearing.
(7) Notwithstanding Subsection (2)(c), a governing body may hold a public hearing or
set of public hearings outside the applicable area if:
(a) there is no reasonable place to hold a public hearing within the applicable area; and
(b) the public hearing or set of public hearings is held as close to the applicable area as
reasonably possible.
Section 42. 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
] 
special
district that adopts a resolution under Subsection 
17B-1-203
(1)(e) shall:
(a) (i) in accordance with Subsection (2), post at least one notice per 1,000 population
of 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 
63A-16-601
,
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
] 
special
 district.
(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
]
special
 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
] 
special
 district.
(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 43. Section 
17B-1-212
 is amended to read:
17B-1-212.
Resolution indicating whether the requested service will be provided.
(1) (a) Within 60 days after the last hearing required under Section 
17B-1-210
concerning a request, the legislative body of each county whose unincorporated area includes
and the legislative body of each municipality whose boundaries include any part of the
proposed [
local
] 
special
 district shall adopt a resolution indicating whether the county or
municipality will provide to the area of the proposed [
local
] 
special
 district within its
boundaries the service proposed to be provided by the proposed [
local
] 
special
 district.
(b) If a county or municipality adopts a resolution indicating that the county or
municipality will provide the service proposed to be provided by the proposed [
local
] 
special
district under Subsection (1)(a), the resolution shall include a reasonable timeline for the
county or municipality to begin providing the service.
(2) If the legislative body of a county or municipality fails to adopt a resolution within
the time provided under Subsection (1), the county or municipal legislative body shall be
considered to have declined to provide the service requested and to have consented to the
creation of the [
local
] 
special
 district.
(3) If the county or municipality adopts a resolution under Subsection (1) indicating
that it will provide the requested service but does not, within 120 days after the adoption of that
resolution, take substantial measures to provide the requested service, the county or municipal
legislative body shall be considered to have declined to provide the requested service.
(4) Each county or municipality that adopts a resolution under Subsection (1)
indicating that it will provide the requested service:
(a) shall diligently proceed to take all measures necessary to provide the service; and
(b) if the county or municipality fails to timely provide the requested service, the
county will be considered to have declined to provide the service and the creation of the [
local
]
special
 district may proceed accordingly.
Section 44. Section 
17B-1-213
 is amended to read:
17B-1-213.
Protest after adoption of resolution -- Adoption of resolution
approving creation for certain districts.
(1) For purposes of this section, "adequate protests" means protests that are:
(a) filed with the county clerk, municipal clerk or recorder, or [
local
] 
special
 district
secretary or clerk, as the case may be, within 60 days after the last public hearing required
under Section 
17B-1-210
; and
(b) signed by:
(i) the owners of private real property that:
(A) is located within the proposed [
local
] 
special
 district;
(B) covers at least 25% of the total private land area within the applicable area; and
(C) is equal in value to at least 15% of the value of all private real property within the
applicable area; or
(ii) 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.
(2) An owner may withdraw a protest at any time before the expiration of the 60-day
period described in Subsection (1)(a).
(3) If adequate protests are filed, the governing body that adopted a resolution under
Subsection 
17B-1-203
(1)(d) or (e):
(a) may not:
(i) hold or participate in an election under Subsection 
17B-1-214
(1) with respect to the
applicable area;
(ii) take any further action under the protested resolution to create a [
local
] 
special
district or include the applicable area in a [
local
] 
special
 district; or
(iii) for a period of two years, adopt a resolution under Subsection 
17B-1-203
(1)(d) or
(e) proposing the creation of a [
local
] 
special
 district including substantially the same area as
the applicable area and providing the same service as the proposed [
local
] 
special
 district in the
protested resolution; and
(b) shall, within five days after receiving adequate protests, mail or deliver written
notification of the adequate protests to the responsible body.
(4) Subsection (3)(a) may not be construed to prevent an election from being held for a
proposed [
local
] 
special
 district whose boundaries do not include an applicable area that is the
subject of adequate protests.
(5) (a) If adequate protests are not filed with respect to a resolution proposing the
creation of a [
local
] 
special
 district for which an election is not required under Subsection
17B-1-214
(3)(d), (e), (f), or (g), a resolution approving the creation of the [
local
] 
special
district shall be adopted by:
(i) (A) the legislative body of a county whose unincorporated area is included within
the proposed [
local
] 
special
 district; and
(B) the legislative body of a municipality whose area is included within the proposed
[
local
] 
special
 district; or
(ii) the board of trustees of the initiating [
local
] 
special
 district.
(b) Each resolution adopted under Subsection (5)(a) shall:
(i) describe the area included in the [
local
] 
special
 district;
(ii) be accompanied by a map that shows the boundaries of the [
local
] 
special
 district;
(iii) describe the service to be provided by the [
local
] 
special
 district;
(iv) state the name of the [
local
] 
special
 district; and
(v) provide a process for the appointment of the members of the initial board of
trustees.
Section 45. Section 
17B-1-214
 is amended to read:
17B-1-214.
Election -- Exceptions.
(1) (a) Except as provided in Subsection (3) and in Subsection 
17B-1-213
(3)(a), an
election on the question of whether the [
local
] 
special
 district should be created shall be held
by:
(i) if the proposed [
local
] 
special
 district is located entirely within a single county, the
responsible clerk; or
(ii) except as provided under Subsection (1)(b), if the proposed [
local
] 
special
 district
is located within more than one county, the clerk of each county in which part of the proposed
[
local
] 
special
 district is located, in cooperation with the responsible clerk.
(b) Notwithstanding Subsection (1)(a)(ii), if the proposed [
local
] 
special
 district is
located within more than one county and the only area of a county that is included within the
proposed [
local
] 
special
 district is located within a single municipality, the election for that
area shall be held by the municipal clerk or recorder, in cooperation with the responsible clerk.
(2) Each election under Subsection (1) shall be held at the next special or regular
general election date that is:
(a) for an election pursuant to a property owner or registered voter petition, more than
45 days after certification of the petition under Subsection 
17B-1-209
(3)(a); or
(b) for an election pursuant to a resolution, more than 60 days after the latest hearing
required under Section 
17B-1-210
.
(3) The election requirement of Subsection (1) does not apply to:
(a) a petition filed under Subsection 
17B-1-203
(1)(a) if it contains the signatures of the
owners of private real property that:
(i) is located within the proposed [
local
] 
special
 district;
(ii) covers at least 67% of the total private land area within the proposed [
local
] 
special
district as a whole and within each applicable area; and
(iii) is equal in value to at least 50% of the value of all private real property within the
proposed [
local
] 
special
 district as a whole and within each applicable area;
(b) a petition filed under Subsection 
17B-1-203
(1)(b) if it contains the signatures of
registered voters residing within the proposed [
local
] 
special
 district as a whole and within each
applicable area, equal in number to at least 67% of the number of votes cast in the proposed
[
local
] 
special
 district as a whole and in each applicable area, respectively, for the office of
governor at the last general election prior to the filing of the petition;
(c) a groundwater right owner petition filed under Subsection 
17B-1-203
(1)(c) if the
petition contains the signatures of the owners of groundwater rights that:
(i) are diverted within the proposed [
local
] 
special
 district; and
(ii) cover at least 67% of the total amount of groundwater diverted in accordance with
groundwater rights within the proposed [
local
] 
special
 district as a whole and within each
applicable area;
(d) a resolution adopted under Subsection 
17B-1-203
(1)(d) on or after May 5, 2003,
that proposes the creation of a [
local
] 
special
 district to provide fire protection, paramedic, and
emergency services or law enforcement service, if the proposed [
local
] 
special
 district:
(i) includes the unincorporated area, whether in whole or in part, of one or more
counties; or
(ii) consists of an area that:
(A) has a boundary that is the same as the boundary of the municipality whose
legislative body adopts the resolution proposing the creation of the [
local
] 
special
 district;
(B) previously received fire protection, paramedic, and emergency services or law
enforcement service from another [
local
] 
special
 district; and
(C) may be withdrawn from the other [
local
] 
special
 district under Section 
17B-1-505
without an election because the withdrawal is pursuant to an agreement under Subsection
17B-1-505
(5)(a)(ii)(A) or (5)(b);
(e) a resolution adopted under Subsection 
17B-1-203
(1)(d) or (e) if the resolution
proposes the creation of a [
local
] 
special
 district that has no registered voters within its
boundaries;
(f) a resolution adopted under Subsection 
17B-1-203
(1)(d) on or after May 11, 2010,
that proposes the creation of a [
local
] 
special
 district described in Subsection
17B-1-202
(1)(a)(xiii); or
(g) a resolution adopted under Section 
17B-2a-1105
 to create a municipal services
district.
(4) (a) If the proposed [
local
] 
special
 district is located in more than one county, the
responsible clerk shall coordinate with the clerk of each other county and the clerk or recorder
of each municipality involved in an election under Subsection (1) so that the election is held on
the same date and in a consistent manner in each jurisdiction.
(b) The clerk of each county and the clerk or recorder of each municipality involved in
an election under Subsection (1) shall cooperate with the responsible clerk in holding the
election.
(c) Except as otherwise provided in this part, each election under Subsection (1) shall
be governed by Title 20A, Election Code.
Section 46. Section 
17B-1-215
 is amended to read:
17B-1-215.
Notice and plat to lieutenant governor -- Recording requirements --
Certificate of incorporation -- Special district incorporated as specialized special district
or basic special district -- Effective date.
(1) (a) Within the time specified in Subsection (1)(b), the responsible body shall 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
.
(b) The responsible body shall file the documents listed in Subsection (1)(a) with the
lieutenant governor within 10 days after:
(i) the canvass of an election under Section 
17B-1-214
, if a majority of those voting at
the election within the proposed [
local
] 
special
 district as a whole vote in favor of the creation
of a [
local
] 
special
 district;
(ii) certification of a petition as to which the election requirement of Subsection
17B-1-214
(1) does not apply because of Subsection 
17B-1-214
(3)(a), (b), or (c); or
(iii) adoption of a resolution, under Subsection 
17B-1-213
(5) approving the creation of
a [
local
] 
special
 district for which an election was not required under Subsection
17B-1-214
(3)(d), (e), (f), or (g) by the legislative body of each county whose unincorporated
area is included within and the legislative body of each municipality whose area is included
within the proposed [
local
] 
special
 district, or by the board of trustees of the initiating [
local
]
special
 district.
(2) Upon the lieutenant governor's issuance of a certificate of incorporation under
Section 
67-1a-6.5
, the responsible body shall:
(a) if the [
local
] 
special
 district is located within the boundary of a single county,
submit to the recorder of that county:
(i) the original:
(A) notice of an impending boundary action;
(B) certificate of incorporation; and
(C) approved final local entity plat; and
(ii) if applicable, a certified copy of each resolution adopted under Subsection
17B-1-213
(5); or
(b) if the [
local
] 
special
 district is located within the boundaries of more than a single
county:
(i) submit to the recorder of one of those counties:
(A) the original of the documents listed in Subsections (2)(a)(i)(A), (B), and (C); and
(B) if applicable, a certified copy of each resolution adopted under Subsection
17B-1-213
(5); and
(ii) submit to the recorder of each other county:
(A) a certified copy of the documents listed in Subsection (2)(a)(i)(A), (B), and (C);
and
(B) if applicable, a certified copy of each resolution adopted under Subsection
17B-1-213
(5).
(3) The area of each [
local
] 
special
 district consists of:
(a) if an election was held under Section 
17B-1-214
, the area of the new [
local
] 
special
district as approved at the election;
(b) if an election was not required because of Subsection 
17B-1-214
(3)(a), (b), or (c),
the area of the proposed [
local
] 
special
 district as described in the petition; or
(c) if an election was not required because of Subsection 
17B-1-214
(3)(d), (e), (f), or
(g), the area of the new [
local
] 
special
 district as described in the resolution adopted under
Subsection 
17B-1-213
(5).
(4) (a) Upon the lieutenant governor's issuance of the certificate of incorporation under
Section 
67-1a-6.5
, the [
local
] 
special
 district is created and incorporated as:
(i) the type of specialized [
local
] 
special
 district that was specified in the petition under
Subsection 
17B-1-203
(1)(a), (b), or (c) or resolution under Subsection 
17B-1-203
(1)(d) or (e),
if the petition or resolution proposed the creation of a specialized [
local
] 
special
 district; or
(ii) a basic [
local
] 
special
 district, if the petition or resolution did not propose the
creation of a specialized [
local
] 
special
 district.
(b) (i) The effective date of a [
local
] 
special
 district's incorporation for purposes of
assessing property within the [
local
] 
special
 district is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (2) are recorded in the office of the
recorder of each county in which the property is located, a newly incorporated [
local
] 
special
district may not:
(A) levy or collect a property tax on property within the [
local
] 
special
 district;
(B) levy or collect an assessment on property within the [
local
] 
special
 district; or
(C) charge or collect a fee for service provided to property within the [
local
] 
special
district.
Section 47. Section 
17B-1-216
 is amended to read:
17B-1-216.
Costs and expenses of creating a special district.
(1) Except as provided in Subsection (2), each county whose unincorporated area
includes and each municipality whose boundaries include some or all of the proposed [
local
]
special
 district shall bear their respective costs and expenses associated with the procedure
under this part for creating a [
local
] 
special
 district.
(2) Within a year after its creation, each [
local
] 
special
 district shall reimburse the costs
and expenses associated with the preparation, certification, and recording of the approved final
local entity plat of the [
local
] 
special
 district and accompanying documents under Section
17B-1-215
.
Section 48. Section 
17B-1-217
 is amended to read:
17B-1-217.
Activity required -- Dissolution -- Conclusive presumption regarding
creation and existence.
(1) A [
local
] 
special
 district that is not engaged in one or more of the following
activities, services, or duties is subject to dissolution in accordance with Subsections (5) and
(6):
(a) levying and collecting a tax;
(b) providing a commodity or service;
(c) collecting a fee or charging an assessment for a commodity, service, facility, or
improvement provided by the [
local
] 
special
 district;
(d) undertaking planning necessary for the provision of a commodity, service, facility,
or improvement as reflected in a written study or report;
(e) acquiring or maintaining property or an easement necessary for a service, facility, or
improvement to be provided by the [
local
] 
special
 district in accordance with a general or
master plan adopted by the district;
(f) constructing, installing, maintaining, owning, or operating infrastructure for the
provision of a commodity, service, facility, or improvement; or
(g) legally incurring debt, contracting, or otherwise being obligated to provide a
commodity, service, facility, or improvement within a reasonable period of time.
(2) For a [
local
] 
special
 district created after May 14, 2013, the [
local
] 
special
 district
shall file with the state auditor a written certification:
(a) declaring that the district is engaged in an activity, service, or duty described in
Subsection (1);
(b) identifying the activity in which the [
local
] 
special
 district is engaged; and
(c) no later than five years after the date on which a [
local
] 
special
 district is created as
reflected in the certificate of incorporation issued by the lieutenant governor under Section
67-1a-6.5
.
(3) (a) The state auditor shall send a deficiency notice in accordance with Subsection
(3)(c) if:
(i) a [
local
] 
special
 district fails to deliver a certification in accordance with Subsection
(2); or
(ii) the state auditor determines that, subject to Subsection (3)(b), a [
local
] 
special
district created after January 1, 2005, and before May 15, 2013, is not engaged in an activity,
service, or duty required under Subsection (1) within five years after the date on which the
[
local
] 
special
 district is created as reflected in the certificate of incorporation issued by the
lieutenant governor under Section 
67-1a-6.5
 or thereafter.
(b) The state auditor shall make a determination described in Subsection (3)(a)(ii)
based on:
(i) the [
local
] 
special
 district's failure to file a required annual financial report with the
state auditor in accordance with Section 
17B-1-639
; or
(ii) subject to Subsection (7), other credible information related to Subsection (1).
(c) (i) The state auditor shall send the deficiency notice to the [
local
] 
special
 district
and the Utah Association of Special Districts.
(ii) The deficiency notice shall state that the [
local
] 
special
 district is required to file
with the state auditor a written certification:
(A) declaring that the district was and continues to be engaged in an activity, service,
or duty described in Subsection (1) prior to the date of the deficiency notice; and
(B) identifying the activity, service, or duty in which the [
local
] 
special
 district is
engaged.
(4) If within four months of receiving a deficiency notice, a [
local
] 
special
 district fails
to file a written certification with the state auditor in accordance with Subsection (2) or
(3)(c)(ii), the state auditor shall, in writing:
(a) notify the lieutenant governor that the [
local
] 
special
 district has failed to meet the
requirements of this section and specify the reason for the district's failure; and
(b) request that the lieutenant governor dissolve the [
local
] 
special
 district in
accordance with Subsections (5) and (6).
(5) If the lieutenant governor receives a request to dissolve a [
local
] 
special
 district
from the state auditor in accordance with Subsection (4), the lieutenant governor shall:
(a) issue a certification of dissolution under Section 
67-1a-6.5
; and
(b) send a copy of the certification of dissolution to:
(i) the state auditor;
(ii) the State Tax Commission;
(iii) the recorder of the county in which the [
local
] 
special
 district is located, or, if the
[
local
] 
special
 district is located in more than one county, the recorder of each county in which
the [
local
] 
special
 district is located;
(iv) the last known address of the [
local
] 
special
 district; and
(v) the Utah Association of Special Districts.
(6) A [
local
] 
special
 district identified in a certification of dissolution is dissolved:
(a) upon recordation of the certification by the county recorder; or
(b) if the [
local
] 
special
 district is located within more than one county, upon
recordation of the certification by the county recorder of the last county to record.
(7) Notwithstanding any other provision of law, a [
local
] 
special
 district shall be
conclusively presumed to have been lawfully created, existing, and active if for two years
following the district's creation under Subsection 
17B-1-215
(4):
(a) the district has:
(i) levied and collected a tax; or
(ii) collected a fee, charge, or assessment for a commodity, service, facility, or
improvement provided by the district; and
(b) no challenge has been filed in court to the existence or creation of the district.
Section 49. Section 
17B-1-301
 is amended to read:
17B-1-301.
Board of trustees duties and powers.
(1) (a) Each [
local
] 
special
 district shall be governed by a board of trustees which shall
manage and conduct the business and affairs of the district and shall determine all questions of
district policy.
(b) All powers of a [
local
] 
special
 district are exercised through the board of trustees.
(2) The board of trustees may:
(a) fix the location of the [
local
] 
special
 district's principal place of business and the
location of all offices and departments, if any;
(b) fix the times of meetings of the board of trustees;
(c) select and use an official district seal;
(d) subject to Subsections (3) and (4), employ employees and agents, or delegate to
district officers power to employ employees and agents, for the operation of the [
local
] 
special
district and its properties and prescribe or delegate to district officers the power to prescribe the
duties, compensation, and terms and conditions of employment of those employees and agents;
(e) require district officers and employees charged with the handling of district funds to
provide surety bonds in an amount set by the board or provide a blanket surety bond to cover
officers and employees;
(f) contract for or employ professionals to perform work or services for the [
local
]
special
 district that cannot satisfactorily be performed by the officers or employees of the
district;
(g) through counsel, prosecute on behalf of or defend the [
local
] 
special
 district in all
court actions or other proceedings in which the district is a party or is otherwise involved;
(h) adopt bylaws for the orderly functioning of the board;
(i) adopt and enforce rules and regulations for the orderly operation of the [
local
]
special
 district or for carrying out the district's purposes;
(j) prescribe a system of civil service for district employees;
(k) on behalf of the [
local
] 
special
 district, enter into contracts that the board considers
to be for the benefit of the district;
(l) acquire, construct or cause to be constructed, operate, occupy, control, and use
buildings, works, or other facilities for carrying out the purposes of the [
local
] 
special
 district;
(m) on behalf of the [
local
] 
special
 district, acquire, use, hold, manage, occupy, and
possess property necessary to carry out the purposes of the district, dispose of property when
the board considers it appropriate, and institute and maintain in the name of the district any
action or proceeding to enforce, maintain, protect, or preserve rights or privileges associated
with district property;
(n) delegate to a district officer the exercise of a district duty; and
(o) exercise all powers and perform all functions in the operation of the [
local
] 
special
district and its properties as are ordinarily exercised by the governing body of a political
subdivision of the state and as are necessary to accomplish the purposes of the district.
(3) (a) As used in this Subsection (3), "interim vacancy period" means:
(i) if any member of the [
local
] 
special
 district board is elected, the period of time that:
(A) begins on the day on which an election is held to elect a [
local
] 
special
 district
board member; and
(B) ends on the day on which the [
local
] 
special
 district board member-elect begins the
member's term; or
(ii) if any member of the [
local
] 
special
 district board is appointed, the period of time
that:
(A) begins on the day on which an appointing authority posts a notice of vacancy in
accordance with Section 
17B-1-304
; and
(B) ends on the day on which the person who is appointed by the [
local
] 
special
 district
board to fill the vacancy begins the person's term.
(b) (i) The [
local
] 
special
 district may not hire during an interim vacancy period a
manager, a chief executive officer, a chief administrative officer, an executive director, or a
similar position to perform executive and administrative duties or functions.
(ii) Notwithstanding Subsection (3)(b)(i):
(A) the [
local
] 
special
 district may hire an interim manager, a chief executive officer, a
chief administrative officer, an executive director, or a similar position during an interim
vacancy period; and
(B) the interim manager's, chief executive officer's, chief administrative officer's, or
similar position's employment shall terminate once a new manager, chief executive officer,
chief administrative officer, or similar position is hired by the new [
local
] 
special
 district board
after the interim vacancy period has ended.
(c) Subsection (3)(b) does not apply if:
(i) all the elected [
local
] 
special
 district board members who held office on the day of
the election for the [
local
] 
special
 district board members, whose term of office was vacant for
the election are re-elected to the [
local
] 
special
 district board; and
(ii) all the appointed [
local
] 
special
 district board members who were appointed whose
term of appointment was expiring are re-appointed to the [
local
] 
special
 district board.
(4) A [
local
] 
special
 district board that hires an interim manager, a chief executive
officer, a chief administrative officer, an executive director, or a similar position in accordance
with this section may not, on or after May 10, 2011, enter into an employment contract that
contains an automatic renewal provision with the interim manager, chief executive officer,
chief administrative officer, executive director, or similar position.
Section 50. 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
] 
special
 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
] 
special
 district; and
(ii) if applicable, the boundaries of the division of the [
local
] 
special
 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
] 
special
 district;
(B) that receives service from the [
local
] 
special
 district; and
(C) whose owner does not reside permanently at the residence but may occupy the
residence on a temporary or seasonal basis.
(b) If over 50% of the residences within a [
local
] 
special
 district that receive service
from the [
local
] 
special
 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) receives service from the district; and
(ii) is located within the [
local
] 
special
 district and, if applicable, the division from
which the member is elected.
(3) (a) For a board of trustees member in a basic [
local
] 
special
 district, or in any other
type of [
local
] 
special
 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 a resident within the boundaries of the [
local
] 
special
 district, or that the
member be an owner of land within the [
local
] 
special
 district that receives 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
] 
special
 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
] 
special
 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
] 
special
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
] 
special
 district; or
(C) if the [
local
] 
special
 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
] 
special
 district in which there is a board vacancy.
(d) If it is necessary to reconstitute the board of trustees of a [
local
] 
special
 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
] 
special
 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
] 
special
 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
] 
special
 district has more than nine members, the
number of members may be odd or even.
(5) For a newly created [
local
] 
special
 district, the number of members of the initial
board of trustees shall be the number specified:
(a) for a [
local
] 
special
 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
] 
special
 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
] 
special
 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 51. Section 
17B-1-303
 is amended to read:
17B-1-303.
Term of board of trustees members -- Oath of office -- Bond -- Notice
of board member contact information.
(1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
member of a board of trustees begins at noon on the January 1 following the member's election
or appointment.
(b) The term of each member of the initial board of trustees of a newly created [
local
]
special
 district begins:
(i) upon appointment, for an appointed member; and
(ii) upon the member taking the oath of office after the canvass of the election at which
the member is elected, for an elected member.
(c) The term of each water conservancy district board member whom the governor
appoints in accordance with Subsection 
17B-2a-1005
(2)(c):
(i) begins on the later of the following:
(A) the date on which the Senate consents to the appointment; or
(B) the expiration date of the prior term; and
(ii) ends on the February 1 that is approximately four years after the date described in
Subsection (1)(c)(i)(A) or (B).
(d) The term of a member of a board of trustees whom an appointing authority appoints
in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
(e) If the member of the board of trustees fails to assume or qualify for office on
January 1 for any reason, the term begins on the date the member assumes or qualifies for
office.
(2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
and (iii), the term of each member of a board of trustees is four years, except that
approximately half the members of the initial board of trustees, chosen by lot, shall serve a
two-year term so that the term of approximately half the board members expires every two
years.
(ii) If the terms of members of the initial board of trustees of a newly created [
local
]
special
 district do not begin on January 1 because of application of Subsection (1)(b), the terms
of those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in
the terms of their successors complying with:
(A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
a member's election or appointment; and
(B) the requirement under Subsection (2)(a)(i) that terms be four years.
(iii) If the term of a member of a board of trustees does not begin on January 1 because
of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
complying with the requirement under Subsection (1)(a) that the successor member's term,
regardless of whether the incumbent is the successor, begins at noon on January 1 following the
successor member's election or appointment.
(iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
subtract more than a year from a member's term.
(b) Each board of trustees member shall serve until a successor is duly elected or
appointed and qualified, unless the member earlier is removed from office or resigns or
otherwise leaves office.
(c) If a member of a board of trustees no longer meets the qualifications of Subsection
17B-1-302
(1), (2), or (3), or if the member's term expires without a duly elected or appointed
successor:
(i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
(ii) the member may continue to serve until a successor is duly elected or appointed
and qualified.
(3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
(ii) A judge, county clerk, notary public, or the [
local
] 
special
 district clerk may
administer an oath of office.
(b) The member of the board of trustees taking the oath of office shall file the oath of
office with the clerk of the [
local
] 
special
 district.
(c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
does not invalidate any official act of that member.
(4) A board of trustees member may serve any number of terms.
(5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
trustees position is filled in accordance with Section 
20A-1-512
.
(b) When the number of members of a board of trustees increases in accordance with
Subsection 
17B-1-302
(6), the appointing authority may appoint an individual to fill a new
board of trustees position in accordance with Section 
17B-1-304
 or 
20A-1-512
.
(6) (a) [
For purposes of
] 
As used in
 this Subsection (6):
(i) "Appointed official" means a person who:
(A) is appointed as a member of a [
local
] 
special
 district board of trustees by a county
or municipality that is entitled to appoint a member to the board; and
(B) holds an elected position with the appointing county or municipality.
(ii) "Appointing entity" means the county or municipality that appointed the appointed
official to the board of trustees.
(b) The board of trustees shall declare a midterm vacancy for the board position held
by an appointed official if:
(i) during the appointed official's term on the board of trustees, the appointed official
ceases to hold the elected position with the appointing entity; and
(ii) the appointing entity submits a written request to the board to declare the vacancy.
(c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
appointing entity shall appoint another person to fill the remaining unexpired term on the board
of trustees.
(7) (a) A member of a board of trustees shall obtain a fidelity bond or obtain theft or
crime insurance for the faithful performance of the member's duties, in the amount and with the
sureties or with an insurance company that the board of trustees prescribes.
(b) The [
local
] 
special
 district:
(i) may assist the board of trustees in obtaining a fidelity bond or obtaining theft or
crime insurance as a group or for members individually; and
(ii) shall pay the cost of each fidelity bond or insurance coverage required under this
Subsection (7).
(8) (a) The lieutenant governor may extend the term of an elected district board
member by one year in order to compensate for a change in the election year under Subsection
17B-1-306
(14).
(b) When the number of members of a board of trustees increases in accordance with
Subsection 
17B-1-302
(6), to ensure that the term of approximately half of the board members
expires every two years in accordance with Subsection (2)(a):
(i) the board shall set shorter terms for approximately half of the new board members,
chosen by lot; and
(ii) the initial term of a new board member position may be less than two or four years.
(9) (a) A [
local
] 
special
 district shall:
(i) post on the Utah Public Notice Website created in Section 
63A-16-601
 the name,
phone number, and email address of each member of the [
local
] 
special
 district's board of
trustees;
(ii) update the information described in Subsection (9)(a)(i) when:
(A) the membership of the board of trustees changes; or
(B) a member of the board of trustees' phone number or email address changes; and
(iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
on which the change requiring the update occurs.
(b) This Subsection (9) applies regardless of whether the county or municipal
legislative body also serves as the board of trustees of the [
local
] 
special
 district.
Section 52. 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
] 
special
 district board by following the procedures established by this section.
(2) (a) In any calendar year when appointment of a new [
local
] 
special
 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
] 
special
 district at
least one month before the deadline for accepting nominees for appointment; and
(ii) post the notice of vacancy on the Utah Public Notice Website, created in Section
63A-16-601
, for five days before the deadline for accepting nominees for appointment.
(c) The appointing authority may bill the [
local
] 
special
 district for the cost of
preparing, printing, and publishing the notice.
(3) (a) After the appointing authority is notified of a vacancy and has satisfied the
requirements described in Subsection (2), 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
] 
special
 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
] 
special
 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 53. Section 
17B-1-305
 is amended to read:
17B-1-305.
Notice of offices to be filled.
On or before February 1 of each election year in which board members of a [
local
]
special
 district are elected, the board of each [
local
] 
special
 district required to participate in an
election that year shall prepare and transmit to the clerk of each county in which any part of the
district is located a written notice that:
(1) designates the offices to be filled at that year's election; and
(2) identifies the dates for filing a declaration of candidacy for those offices.
Section 54. Section 
17B-1-306
 is amended to read:
17B-1-306.
 Special 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
] 
special
 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
] 
special
 district board in consultation with
the county clerk for each county in which the [
local
] 
special
 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
] 
special
 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
] 
special
 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
] 
special
 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
] 
special
 district shall publish the notice described in
Subsection (3):
(a) by posting the notice on the Utah Public Notice Website created in Section
63A-16-601
, for 10 days before the first day for filing a declaration of candidacy;
(b) by posting the notice in at least five public places within the [
local
] 
special
 district
at least 10 days before the first day for filing a declaration of candidacy; and
(c) if the [
local
] 
special
 district has a website, on the [
local
] 
special
 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
] 
special
 district board position, an individual shall file a declaration of candidacy in
person with an official designated by the [
local
] 
special
 district within the candidate filing
period for the applicable election year in which the election for the [
local
] 
special
 district board
is held and:
(i) during the [
local
] 
special
 district's standard office hours, if the standard office hours
provide at least three consecutive office hours each day during the candidate filing period that
is not a holiday or weekend; or
(ii) if the standard office hours of a [
local
] 
special
 district do not provide at least three
consecutive office hours each day, a three-hour consecutive time period each day designated by
the [
local
] 
special
 district during the candidate filing period that is not a holiday or weekend.
(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
] 
special
 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
]
special
 district; and
(iii) the individual communicates with the official designated by the [
local
] 
special
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
] 
special
 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
]
special
 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
] 
special
 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
] 
special
 district clerk shall certify the
candidate names to the clerk of each county in which the [
local
] 
special
 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
] 
special
 district is located and the
[
local
] 
special
 district clerk shall coordinate the placement of the name of each candidate for
[
local
] 
special
 district office in the nonpartisan section of the ballot with the appropriate
election officer.
(ii) If consolidation of the [
local
] 
special
 district election ballot with the municipal
general election ballot or the regular general election ballot, as applicable, is not feasible, the
[
local
] 
special
 district board of trustees, in consultation with the county clerk, shall provide for
a separate [
local
] 
special
 district election ballot to be administered by poll workers at polling
places 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
] 
special
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
] 
special
 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
] 
special
 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
] 
special
 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
] 
special
 district shall
reimburse the county or municipality holding an election under this section for the costs of the
election attributable to that [
local
] 
special
 district.
(b) Each irrigation district shall bear the district's own costs of each election the district
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
] 
special
 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).
(15) (a) This Subsection (15) applies to a [
local
] 
special
 district if:
(i) the [
local
] 
special
 district's board members are elected by the owners of real
property, as provided in Subsection 
17B-1-1402
(1)(b); and
(ii) the [
local
] 
special
 district was created before January 1, 2020.
(b) The board of a [
local
] 
special
 district described in Subsection (15)(a) may conduct
an election:
(i) to fill a board member position that expires at the end of the term for that board
member's position; and
(ii) notwithstanding Subsection 
20A-1-512
(1)(a)(i), to fill a vacancy in an unexpired
term of a board member.
(c) An election under Subsection (15)(b) may be conducted as determined by the
[
local
] 
special
 district board, subject to Subsection (15)(d).
(d) (i) The [
local
] 
special
 district board shall provide to property owners eligible to
vote at the [
local
] 
special
 district election:
(A) notice of the election; and
(B) a form to nominate an eligible individual to be elected as a board member.
(ii) (A) The [
local
] 
special
 district board may establish a deadline for a property owner
to submit a nomination form.
(B) A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after
the board provides the notice and nomination form under Subsection (15)(d)(i).
(iii) (A) After the deadline for submitting nomination forms, the [
local
] 
special
 district
board shall provide a ballot to all property owners eligible to vote at the [
local
] 
special
 district
election.
(B) A [
local
] 
special
 district board shall allow at least five days for ballots to be
returned.
(iv) A [
local
] 
special
 district board shall certify the results of an election under this
Subsection (15) during an open meeting of the board.
Section 55. Section 
17B-1-306.5
 is amended to read:
17B-1-306.5.
Dividing a special district into divisions.
(1) Subject to Subsection (3), the board of trustees of a [
local
] 
special
 district that has
elected board members may, upon a vote of two-thirds of the members of the board, divide the
[
local
] 
special
 district, or the portion of the [
local
] 
special
 district represented by elected board
of trustees members, into divisions so that some or all of the elected members of the board of
trustees may be elected by division rather than at large.
(2) Subject to Subsection (3), the appointing authority of a [
local
] 
special
 district that
has appointed board members may, upon a vote of two-thirds of the members of the appointing
authority, divide the [
local
] 
special
 district, or the portion of the [
local
] 
special
 district
represented by appointed board members, into divisions so that some or all of the appointed
members of the board of trustees may be appointed by division rather than at large.
(3) Before dividing a [
local
] 
special
 district into divisions or before changing the
boundaries of divisions already established, the board of trustees under Subsection (1), or the
appointing authority, under Subsection (2), shall:
(a) prepare a proposal that describes the boundaries of the proposed divisions; and
(b) hold a public hearing at which any interested person may appear and speak for or
against the proposal.
(4) (a) The board of trustees or the appointing authority shall review the division
boundaries at least every 10 years.
(b) Except for changes in the divisions necessitated by annexations to or withdrawals
from the [
local
] 
special
 district, the boundaries of divisions established under Subsection (1) or
(2) may not be changed more often than every five years.
(c) Changes to the boundaries of divisions already established under Subsection (1) or
(2) are not subject to the two-thirds vote requirement of Subsection (1) or (2).
Section 56. Section 
17B-1-307
 is amended to read:
17B-1-307.
Annual compensation -- Per diem compensation -- Participation in
group insurance plan -- Reimbursement of expenses.
(1) (a) Except as provided in Subsection 
17B-1-308
(1)(e), a member of a board of
trustees may receive compensation for service on the board, as determined by the board of
trustees.
(b) The amount of compensation under this Subsection (1) may not exceed $5,000 per
year.
(c) (i) As determined by the board of trustees, a member of the board of trustees may
participate in a group insurance plan provided to employees of the [
local
] 
special
 district on the
same basis as employees of the [
local
] 
special
 district.
(ii) The amount that the [
local
] 
special
 district pays to provide a member with coverage
under a group insurance plan shall be included as part of the member's compensation for
purposes of Subsection (1)(b).
(d) The amount that a [
local
] 
special
 district pays employer-matching employment
taxes, if a member of the board of trustees is treated as an employee for federal tax purposes,
does not constitute compensation under Subsection (1).
(2) In addition to the compensation provided under Subsection (1), the board of
trustees may elect to allow a member to receive per diem and travel expenses for up to 12
meetings or activities per year in accordance with rules adopted by the board of trustees or
Section 
11-55-103
.
Section 57. Section 
17B-1-308
 is amended to read:
17B-1-308.
Boards of trustees composed of county or municipal legislative body
members.
(1) If a county or municipal legislative body also serves as the board of trustees of a
[
local
] 
special
 district:
(a) the board of trustees shall hold district meetings and keep district minutes,
accounts, and other records separate from those of the county or municipality;
(b) subject to Subsection (2), the board of trustees may use, respectively, existing
county or municipal facilities and personnel for district purposes;
(c) notwithstanding Subsections 
17B-1-303
(1) and (2), the term of office of each board
of trustees member coincides with the member's term as a county or municipal legislative body
member;
(d) each board of trustees member represents the district at large; and
(e) board members may not receive compensation for service as board members in
addition to compensation the board members receive as members of a county or municipal
legislative body.
(2) The county or municipal legislative body, as the case may be, shall charge the
[
local
] 
special
 district, and the [
local
] 
special
 district shall pay to the county or municipality, a
reasonable amount for:
(a) the county or municipal facilities that the district uses; and
(b) except for services that the county or municipal legislative body members render,
the services that the county or municipality renders to the [
local
] 
special
 district.
Section 58. Section 
17B-1-310
 is amended to read:
17B-1-310.
Quorum of board of trustees -- Meetings of the board.
(1) (a) (i) Except as provided in Subsection (1)(b), a majority of the board of trustees
constitutes a quorum for the transaction of board business, and action by a majority of a
quorum constitutes action of the board.
(ii) Except as otherwise required by law, an otherwise valid action of the board is not
made invalid because of the method chosen by the board to take or memorialize the action.
(b) (i) Subject to Subsection (1)(b)(ii), a board may adopt bylaws or other rules that
require more than a majority to constitute a quorum or that require action by more than a
majority of a quorum to constitute action by the board.
(ii) A board with five or more members may not adopt bylaws or rules that require a
vote of more than two-thirds of the board to constitute board action except for a board action to
dispose of real property owned by the [
local
] 
special
 district.
(2) The board of trustees shall hold such regular and special meetings as the board
determines at a location that the board determines.
(3) (a) Each meeting of the board of trustees shall comply with Title 52, Chapter 4,
Open and Public Meetings Act.
(b) Subject to Subsection (3)(c), a board of trustees shall:
(i) adopt rules of order and procedure to govern a public meeting of the board of
trustees;
(ii) conduct a public meeting in accordance with the rules of order and procedure
described in Subsection (3)(b)(i); and
(iii) make the rules of order and procedure described in Subsection (3)(b)(i) available
to the public:
(A) at each meeting of the board of trustees; and
(B) on the [
local
] 
special
 district's public website, if available.
(c) Subsection (3)(b) does not affect the board of trustees' duty to comply with Title 52,
Chapter 4, Open and Public Meetings Act.
Section 59. Section 
17B-1-311
 is amended to read:
17B-1-311.
Board member prohibited from district employment -- Exception.
(1) No elected or appointed member of the board of trustees of a [
local
] 
special
 district
may, while serving on the board, be employed by the district, whether as an employee or under
a contract.
(2) No person employed by a [
local
] 
special
 district, whether as an employee or under a
contract, may serve on the board of that [
local
] 
special
 district.
(3) A [
local
] 
special
 district is not in violation of a prohibition described in Subsection
(1) or (2) if the [
local
] 
special
 district:
(a) treats a member of a board of trustees as an employee for income tax purposes; and
(b) complies with the compensation limits of Section 
17B-1-307
 for purposes of that
member.
(4) This section does not apply to a [
local
] 
special
 district if:
(a) fewer than 3,000 people in the state live within 40 miles of the [
local
] 
special
district's boundaries or primary place of employment, measured over all weather public roads;
and
(b) with respect to the employment of a board of trustees member under Subsection
(1):
(i) the job opening has had reasonable public notice; and
(ii) the person employed is the best qualified candidate for the position.
(5) This section does not apply to a board of trustees of a large public transit district as
described in Chapter 2a, Part 8, Public Transit District Act.
Section 60. Section 
17B-1-312
 is amended to read:
17B-1-312.
Training for board members.
(1) (a) Each member of a board of trustees of a [
local
] 
special
 district shall, within one
year after taking office, complete the training described in Subsection (2).
(b) For the purposes of Subsection (1)(a), a member of a board of trustees of a [
local
]
special
 district takes office each time the member is elected or appointed to a new term,
including an appointment to fill a midterm vacancy in accordance with Subsection
17B-1-303
(5) or (6).
(2) In conjunction with the Utah Association of Special Districts, the state auditor
shall:
(a) develop a training curriculum for the members of [
local
] 
special
 district boards;
(b) with the assistance of other state offices and departments the state auditor considers
appropriate and at times and locations established by the state auditor, carry out the training of
members of [
local
] 
special
 district boards; and
(c) ensure that any training required under this Subsection (2) complies with Title 63G,
Chapter 22, State Training and Certification Requirements.
(3) (a) A [
local
] 
special
 district board of trustees may compensate each member of the
board for each day of training described in Subsection (2) that the member completes, in
accordance with Section 
11-55-103
.
(b) The compensation authorized under Subsection (3)(a) is in addition to all other
amounts of compensation and expense reimbursement authorized under this chapter.
(c) A board of trustees may not pay compensation under Subsection (3)(a) to any board
member more than once per year.
(4) The state auditor shall issue a certificate of completion to each board member that
completes the training described in Subsection (2).
Section 61. 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
] 
special
 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 posted on the Utah Public Notice Website created in Section 
63A-16-601
.
(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 62. Section 
17B-1-314
 is amended to read:
17B-1-314.
Compelling attendance at board meetings.
The board of trustees of a [
local
] 
special
 district may:
(1) compel the attendance of its own members at its meetings; and
(2) provide penalties it considers necessary for the failure to attend.
Section 63. Section 
17B-1-401
 is amended to read:
17B-1-401.
Definitions.
[
For purposes of
] 
As used in
 this part:
(1) "Applicable area" means:
(a) for a county, the unincorporated area of the county that is included within the area
proposed for annexation; or
(b) for a municipality, the area of the municipality that is included within the area
proposed for annexation.
(2) "Retail" means, with respect to a service provided by a municipality or [
local
]
special
 district, that the service is provided directly to the ultimate user.
(3) "Wholesale" means, with respect to a service provided by a [
local
] 
special
 district,
that the service is not provided directly to the ultimate user but is provided to a retail provider.
Section 64. Section 
17B-1-402
 is amended to read:
17B-1-402.
Annexation of area outside special district.
(1) An area outside the boundaries of a [
local
] 
special
 district may be annexed to the
[
local
] 
special
 district, as provided in this part, in order to provide to the area a service that the
[
local
] 
special
 district provides.
(2) The area proposed to be annexed:
(a) may consist of one or more noncontiguous areas; and
(b) need not be adjacent to the boundaries of the proposed annexing [
local
] 
special
district.
(3) With respect to a [
local
] 
special
 district in the creation of which an election was not
required under Subsection 
17B-1-214
(3)(d):
(a) an unincorporated area of a county may not be annexed to the [
local
] 
special
 district
unless, after annexation, at least a majority of the unincorporated area of the county will be
included in the [
local
] 
special
 district; and
(b) the annexation of any part of an area within a municipality shall include all of the
area within the municipality.
(4) A [
local
] 
special
 district may not annex an area located within a project area
described in a project area plan adopted by the military installation development authority
under Title 63H, Chapter 1, Military Installation Development Authority Act, without the
authority's approval.
Section 65. Section 
17B-1-403
 is amended to read:
17B-1-403.
Initiation of annexation process -- Petition and resolution.
(1) Except as provided in Sections 
17B-1-415
, 
17B-1-416
, and 
17B-1-417
, the process
to annex an area to a [
local
] 
special
 district may be initiated by:
(a) (i) for a district whose board of trustees is elected by electors based on the acre-feet
of water allotted to the land owned by the elector and subject to Subsection (2), a petition
signed by the owners of all of the acre-feet of water allotted to the land proposed for
annexation; or
(ii) for all other districts:
(A) a petition signed by:
(I) the owners of private real property that:
(Aa) is located within the area proposed to be annexed;
(Bb) covers at least 10% of the total private land area within the entire area proposed to
be annexed and within each applicable area; and
(Cc) is equal in assessed value to at least 10% of the assessed value of all private real
property within the entire area proposed to be annexed and within each applicable area; or
(II) the owner of all the publicly owned real property, if all the real property within the
area proposed for annexation is owned by a public entity other than the federal government; or
(B) a petition signed by registered voters residing within the entire area proposed to be
annexed and within each applicable area equal in number to at least 10% of the number of
votes cast within the entire area proposed to be annexed and within each applicable area,
respectively, for the office of governor at the last regular general election before the filing of
the petition;
(b) a resolution adopted by the legislative body of each county whose unincorporated
area includes and each municipality whose boundaries include any of the area proposed to be
annexed; or
(c) a resolution adopted by the board of trustees of the proposed annexing [
local
]
special
 district if, for at least 12 consecutive months immediately preceding adoption of the
resolution, the [
local
] 
special
 district has provided:
(i) retail service to the area; or
(ii) a wholesale service to a provider of the same service that has provided that service
on a retail basis to the area.
(2) If an association representing all acre-feet of water allotted to the land that is
proposed to be annexed to a [
local
] 
special
 district signs a petition under Subsection (1)(a)(i),
pursuant to a proper exercise of authority as provided in the bylaws or other rules governing the
association, the petition shall be considered to have been signed by the owners of all of the
acre-feet of water allotted to the land proposed for annexation, even though less than all of the
owners within the association consented to the association signing the petition.
(3) Each petition and resolution under Subsection (1) shall:
(a) describe the area proposed to be annexed; and
(b) be accompanied by a map of the boundaries of the area proposed to be annexed.
(4) The legislative body of each county and municipality that adopts a resolution under
Subsection (1)(b) shall, within five days after adopting the resolution, mail or deliver a copy of
the resolution to the board of trustees of the proposed annexing [
local
] 
special
 district.
Section 66. Section 
17B-1-404
 is amended to read:
17B-1-404.
Petition requirements.
(1) Each petition under Subsection 
17B-1-403
(1)(a) shall:
(a) indicate the typed or printed name and current residence address of each person
signing the petition;
(b) separately group signatures by county and municipality, so that all signatures of the
owners of real property located within or of registered voters residing within each county
whose unincorporated area includes and each municipality whose boundaries include part of
the area proposed for annexation are grouped separately;
(c) if it is a petition under Subsection 
17B-1-403
(1)(a)(i) or (ii)(A), indicate the address
of the property as to which the owner is signing the petition;
(d) designate up to three signers of the petition as sponsors, one of whom shall be
designated the contact sponsor, with the mailing address and telephone number of each;
(e) be filed with the board of trustees of the proposed annexing [
local
] 
special
 district;
and
(f) for a petition under Subsection 
17B-1-403
(1)(a)(i), state the proposed method of
supplying water to the area proposed to be annexed.
(2) By submitting a written withdrawal or reinstatement with the board of trustees of
the proposed annexing [
local
] 
special
 district, a signer of a petition may withdraw, or once
withdrawn, reinstate the signer's signature at any time:
(a) before the public hearing under Section 
17B-1-409
 is held; or
(b) if a hearing is not held because of Subsection 
17B-1-413
(1) or because no hearing
is requested under Subsection 
17B-1-413
(2)(a)(ii)(B), until 20 days after the [
local
] 
special
district provides notice under Subsection 
17B-1-413
(2)(a)(i).
Section 67. Section 
17B-1-405
 is amended to read:
17B-1-405.
Petition certification.
(1) Within 30 days after the filing of a petition under Subsection 
17B-1-403
(1)(a)(i) or
(ii) or within the time that the [
local
] 
special
 district and each petition sponsor designate by
written agreement, the board of trustees of the proposed annexing [
local
] 
special
 district shall:
(a) with the assistance of officers of the county in which the area proposed to be
annexed is located from whom the board requests assistance, determine whether the petition
meets the requirements of Subsection 
17B-1-403
(1)(a)(i) or (ii), as the case may be, Subsection
17B-1-403
(3), and Subsection 
17B-1-404
(1); and
(b) (i) if the board determines that the petition complies with the requirements, certify
the petition and mail or deliver written notification of the certification to the contact sponsor;
or
(ii) if the board determines that the petition fails to comply with any of the
requirements, reject the petition and mail or deliver written notification of the rejection and the
reasons for the rejection to the contact sponsor.
(2) (a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be
amended to correct the deficiencies for which it was rejected and then refiled.
(b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
used toward fulfilling the applicable signature requirement of the petition as amended under
Subsection (2)(a).
(3) The board shall process an amended petition filed under Subsection (2)(a) in the
same manner as an original petition under Subsection (1).
Section 68. Section 
17B-1-406
 is amended to read:
17B-1-406.
Notice to county and municipality -- Exception.
(1) Except as provided in Subsection (2), within 10 days after certifying a petition
under Subsection 
17B-1-405
(1)(b) the board of trustees of the proposed annexing [
local
]
special
 district shall mail or deliver a written notice of the proposed annexation, with a copy of
the certification and a copy of the petition, to the legislative body of each:
(a) county in whose unincorporated area any part of the area proposed for annexation is
located; and
(b) municipality in which any part of the area proposed for annexation is located.
(2) The board is not required to send a notice under Subsection (1) to:
(a) a county or municipality that does not provide the service proposed to be provided
by the [
local
] 
special
 district; or
(b) a county or municipality whose legislative body has adopted an ordinance or
resolution waiving the notice requirement as to:
(i) the proposed annexing [
local
] 
special
 district; or
(ii) the service that the proposed annexing [
local
] 
special
 district provides.
(3) For purposes of this section, an area proposed to be annexed to a municipality in a
petition under Section 
10-2-403
 filed before and still pending at the time of the filing of a
petition under Subsection 
17B-1-403
(1)(a) and an area included within a municipality's
annexation policy plan under Section 
10-2-401.5
 shall be considered to be part of that
municipality.
Section 69. Section 
17B-1-407
 is amended to read:
17B-1-407.
Notice of intent to consider providing service -- Public hearing
requirements.
(1) (a) If the legislative body of a county or municipality whose applicable area is
proposed to be annexed to a [
local
] 
special
 district in a petition under Subsection
17B-1-403
(1)(a) intends to consider having the county or municipality, respectively, provide to
the applicable area the service that the proposed annexing [
local
] 
special
 district provides, the
legislative body shall, within 30 days after receiving the notice under Subsection 
17B-1-406
(1),
mail or deliver a written notice to the board of trustees of the proposed annexing [
local
] 
special
district indicating that intent.
(b) (i) A notice of intent under Subsection (1)(a) suspends the [
local
] 
special
 district's
annexation proceeding as to the applicable area of the county or municipality that submits the
notice of intent until the county or municipality:
(A) adopts a resolution under Subsection 
17B-1-408
(1) declining to provide the service
proposed to be provided by the proposed annexing [
local
] 
special
 district; or
(B) is considered under Subsection 
17B-1-408
(2) or (3) to have declined to provide the
service.
(ii) The suspension of an annexation proceeding under Subsection (1)(b)(i) as to an
applicable area does not prevent the [
local
] 
special
 district from continuing to pursue the
annexation proceeding with respect to other applicable areas for which no notice of intent was
submitted.
(c) If a legislative body does not mail or deliver a notice of intent within the time
required under Subsection (1)(a), the legislative body shall be considered to have declined to
provide the service.
(2) Each legislative body that mails or delivers a notice under Subsection (1)(a) shall
hold a public hearing or a set of public hearings, sufficient in number and location to ensure
that no substantial group of residents of the area proposed for annexation need travel an
unreasonable distance to attend a public hearing.
(3) Each public hearing under Subsection (2) shall be held:
(a) no later than 45 days after the legislative body sends notice under Subsection (1);
(b) except as provided in Subsections (6) and (7), within the applicable area; and
(c) for the purpose of allowing public input on:
(i) whether the service is needed in the area proposed for annexation;
(ii) whether the service should be provided by the county or municipality or the
proposed annexing [
local
] 
special
 district; and
(iii) all other matters relating to the issue of providing the service or the proposed
annexation.
(4) A quorum of the legislative body of each county or municipal legislative body
holding a public hearing under this section shall be present throughout each hearing held by
that county or municipal legislative body.
(5) Each hearing under this section shall be held on a weekday evening other than a
holiday beginning no earlier than 6 p.m.
(6) Two or more county or municipal legislative bodies may jointly hold a hearing or
set of hearings required under this section if all the requirements of this section, other than the
requirements of Subsection (3)(b), are met as to each hearing.
(7) Notwithstanding Subsection (3)(b), a county or municipal legislative body may
hold a public hearing or set of public hearings outside the applicable area if:
(a) there is no reasonable place to hold a public hearing within the applicable area; and
(b) the public hearing or set of public hearings is held as close to the applicable area as
reasonably possible.
(8) Before holding a public hearing or set of public hearings under this section, the
legislative body of each county or municipality that receives a request for service shall provide
notice of the hearing or set of hearings as provided in Section 
17B-1-211
.
Section 70. Section 
17B-1-408
 is amended to read:
17B-1-408.
Resolution indicating whether the requested service will be provided.
(1) Within 30 days after the last hearing required under Section 
17B-1-407
 is held, the
legislative body of each county and municipality that sent a notice of intent under Subsection
17B-1-407
(1) shall adopt a resolution indicating whether the county or municipality will
provide to the area proposed for annexation within its boundaries the service proposed to be
provided by the proposed annexing [
local
] 
special
 district.
(2) If the county or municipal legislative body fails to adopt a resolution within the
time provided under Subsection (1), the county or municipality shall be considered to have
declined to provide the service.
(3) If a county or municipal legislative body adopts a resolution under Subsection (1)
indicating that the county or municipality will provide the service but the county or
municipality does not, within 120 days after the adoption of that resolution, take substantial
measures to provide the service, the county or municipality shall be considered to have
declined to provide the service.
(4) Each county or municipality whose legislative body adopts a resolution under
Subsection (1) indicating that the county or municipality will provide the service shall
diligently proceed to take all measures necessary to provide the service.
(5) If a county or municipal legislative body adopts a resolution under Subsection (1)
indicating that the county or municipality will provide the service and the county or
municipality takes substantial measures within the time provided in Subsection (3) to provide
the service, the [
local
] 
special
 district's annexation proceeding as to the applicable area of that
county or municipality is terminated and that applicable area is considered deleted from the
area proposed to be annexed in a petition under Subsection 
17B-1-403
(1)(a).
Section 71. Section 
17B-1-409
 is amended to read:
17B-1-409.
Public hearing on proposed annexation.
(1) Except as provided in Sections 
17B-1-413
 and 
17B-1-415
, the board of trustees of
each [
local
] 
special
 district that certifies a petition that was filed under Subsection
17B-1-403
(1)(a)(ii)(A) or (B), receives a resolution adopted under Subsection
17B-1-403
(1)(b), or adopts a resolution under Subsection 
17B-1-403
(1)(c) shall hold a public
hearing on the proposed annexation and provide notice of the hearing as provided in Section
17B-1-410
.
(2) Each public hearing under Subsection (1) shall be held:
(a) within 45 days after:
(i) if no notice to a county or municipal legislative body is required under Section
17B-1-406
, petition certification under Section 
17B-1-405
; or
(ii) if notice is required under Section 
17B-1-406
, but no notice of intent is submitted
by the deadline:
(A) expiration of the deadline under Subsection 
17B-1-407
(1) to submit a notice of
intent; or
(B) termination of a suspension of the annexation proceeding under Subsection
17B-1-407
(1)(b);
(b) (i) for a [
local
] 
special
 district located entirely within a single county:
(A) within or as close as practicable to the area proposed to be annexed; or
(B) at the [
local
] 
special
 district office; or
(ii) for a [
local
] 
special
 district located in more than one county:
(A) (I) within the county in which the area proposed to be annexed is located; and
(II) within or as close as practicable to the area proposed to be annexed; or
(B) if the [
local
] 
special
 district office is reasonably accessible to all residents within
the area proposed to be annexed, at the [
local
] 
special
 district office;
(c) on a weekday evening other than a holiday beginning no earlier than 6 p.m.; and
(d) for the purpose of allowing:
(i) the public to ask questions and obtain further information about the proposed
annexation and issues raised by it; and
(ii) any interested person to address the board regarding the proposed annexation.
(3) A quorum of the board of trustees of the proposed annexing [
local
] 
special
 district
shall be present throughout each public hearing held under this section.
(4) (a) After holding a public hearing under this section or, if no hearing is held
because of application of Subsection 
17B-1-413
(2)(a)(ii), after expiration of the time under
Subsection 
17B-1-413
(2)(a)(ii)(B) for requesting a hearing, the board of trustees may by
resolution deny the annexation and terminate the annexation procedure if:
(i) for a proposed annexation initiated by a petition under Subsection
17B-1-403
(1)(a)(i) or (ii), the board determines that:
(A) it is not feasible for the [
local
] 
special
 district to provide service to the area
proposed to be annexed; or
(B) annexing the area proposed to be annexed would be inequitable to the owners of
real property or residents already within the [
local
] 
special
 district; or
(ii) for a proposed annexation initiated by resolution under Subsection 
17B-1-403
(1)(b)
or (c), the board determines not to pursue annexation.
(b) In each resolution adopted under Subsection (4)(a), the board shall set forth its
reasons for denying the annexation.
Section 72. Section 
17B-1-410
 is amended to read:
17B-1-410.
Notice of public hearing.
(1) Before holding a public hearing required under Section 
17B-1-409
, the board of
trustees of each proposed annexing [
local
] 
special
 district shall:
(a) mail notice of the public hearing and the proposed annexation to:
(i) if the [
local
] 
special
 district is funded predominantly by revenues from a property
tax, each owner of private real property located within the area proposed to be annexed, as
shown upon the county assessment roll last equalized as of the previous December 31; or
(ii) if the [
local
] 
special
 district is not funded predominantly by revenues from a
property tax, each registered voter residing within the area proposed to be annexed, as
determined by the voter registration list maintained by the county clerk as of a date selected by
the board of trustees that is at least 20 but not more than 60 days before the public hearing; and
(b) post notice of the public hearing and the proposed annexation in at least four
conspicuous places within the area proposed to be annexed, no less than 10 and no more than
30 days before the public hearing.
(2) Each notice required under Subsection (1) shall:
(a) describe the area proposed to be annexed;
(b) identify the proposed annexing [
local
] 
special
 district;
(c) state the date, time, and location of the public hearing;
(d) provide a [
local
] 
special
 district telephone number where additional information
about the proposed annexation may be obtained;
(e) specify the estimated financial impact, in terms of taxes and fees, upon the typical
resident and upon the typical property owner within the area proposed to be annexed if the
proposed annexation is completed; and
(f) except for a proposed annexation under a petition that meets the requirements of
Subsection 
17B-1-413
(1), explain that property owners and registered voters within the area
proposed to be annexed may protest the annexation by filing a written protest with the [
local
]
special
 district board of trustees within 30 days after the public hearing.
Section 73. Section 
17B-1-411
 is amended to read:
17B-1-411.
Modifications to area proposed for annexation -- Limitations.
(1) (a) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30
days after the public hearing under Section 
17B-1-409
, or, if no public hearing is held, within
30 days after the board provides notice under Subsection 
17B-1-413
(2)(a)(i), modify the area
proposed for annexation to include land not previously included in that area or to exclude land
from that area if the modification enhances the feasibility of the proposed annexation.
(b) A modification under Subsection (1)(a) may consist of the exclusion of all the land
within an applicable area if:
(i) the entire area proposed to be annexed consists of more than that applicable area;
(ii) sufficient protests under Section 
17B-1-412
 are filed with respect to that applicable
area that an election would have been required under Subsection 
17B-1-412
(3) if that
applicable area were the entire area proposed to be annexed; and
(iii) the other requirements of Subsection (1)(a) are met.
(2) A board of trustees may not add property under Subsection (1) to the area proposed
for annexation without the consent of the owner of that property.
(3) Except as provided in Subsection (1)(b), a modification under Subsection (1) may
not avoid the requirement for an election under Subsection 
17B-1-412
(3) if, before the
modification, the election was required because of protests filed under Section 
17B-1-412
.
(4) If the annexation is proposed by a petition under Subsection 
17B-1-403
(1)(a)(ii)(A)
or (B), a modification may not be made unless the requirements of Subsection
17B-1-403
(1)(a)(ii)(A) or (B) are met after the modification as to the area proposed to be
annexed.
(5) If the petition meets the requirements of Subsection 
17B-1-413
(1) before a
modification under this section but fails to meet those requirements after modification:
(a) the [
local
] 
special
 district board shall give notice as provided in Section 
17B-1-410
and hold a public hearing as provided in Section 
17B-1-409
 on the proposed annexation; and
(b) the petition shall be considered in all respects as one that does not meet the
requirements of Subsection 
17B-1-413
(1).
Section 74. Section 
17B-1-412
 is amended to read:
17B-1-412.
Protests -- Election.
(1) (a) An owner of private real property located within or a registered voter residing
within an area proposed to be annexed may protest an annexation by filing a written protest
with the board of trustees of the proposed annexing [
local
] 
special
 district, except:
(i) as provided in Section 
17B-1-413
;
(ii) for an annexation under Section 
17B-1-415
; and
(iii) for an annexation proposed by a [
local
] 
special
 district that receives sales and use
tax funds from the counties, cities, and towns within the [
local
] 
special
 district that impose a
sales and use tax under Section 
59-12-2213
.
(b) A protest of a boundary adjustment is not governed by this section but is governed
by Section 
17B-1-417
.
(2) Each protest under Subsection (1)(a) shall be filed within 30 days after the date of
the public hearing under Section 
17B-1-409
.
(3) (a) Except as provided in Subsection (4), the [
local
] 
special
 district shall hold an
election on the proposed annexation if:
(i) timely protests are filed by:
(A) the owners of private real property that:
(I) is located within the area proposed to be annexed;
(II) covers at least 10% of the total private land area within the entire area proposed to
be annexed and within each applicable area; and
(III) is equal in assessed value to at least 10% of the assessed value of all private real
property within the entire area proposed to be annexed and within each applicable area; or
(B) registered voters residing within the entire area proposed to be annexed and within
each applicable area equal in number to at least 10% of the number of votes cast within the
entire area proposed for annexation and within each applicable area, respectively, for the office
of governor at the last regular general election before the filing of the petition; or
(ii) the proposed annexing [
local
] 
special
 district is one that receives sales and use tax
funds from the counties, cities, and towns within the [
local
] 
special
 district that impose a sales
and use tax under Section 
59-12-2213
.
(b) (i) At each election held under Subsection (3)(a)(ii), the ballot question shall be
phrased to indicate that a voter's casting a vote for or against the annexation includes also a
vote for or against the imposition of the sales and use tax as provided in Section 
59-12-2213
.
(ii) Except as otherwise provided in this part, each election under Subsection (3)(a)
shall be governed by Title 20A, Election Code.
(c) If a majority of registered voters residing within the area proposed to be annexed
and voting on the proposal vote:
(i) in favor of annexation, the board of trustees shall, subject to Subsections
17B-1-414
(1)(b), (2), and (3), complete the annexation by adopting a resolution approving
annexation of the area; or
(ii) against annexation, the annexation process is terminated, the board may not adopt a
resolution approving annexation of the area, and the area proposed to be annexed may not for
two years be the subject of an effort under this part to annex to the same [
local
] 
special
 district.
(4) If sufficient protests are filed under this section to require an election for a
proposed annexation to which the protest provisions of this section are applicable, a board of
trustees may, notwithstanding Subsection (3), adopt a resolution rejecting the annexation and
terminating the annexation process without holding an election.
Section 75. Section 
17B-1-413
 is amended to read:
17B-1-413.
Hearing, notice, and protest provisions do not apply for certain
petitions.
(1) Section 
17B-1-412
 does not apply, and, except as provided in Subsection (2)(a),
Sections 
17B-1-409
 and 
17B-1-410
 do not apply:
(a) if the process to annex an area to a [
local
] 
special
 district was initiated by:
(i) a petition under Subsection 
17B-1-403
(1)(a)(i);
(ii) a petition under Subsection 
17B-1-403
(1)(a)(ii)(A) that was signed by the owners
of private real property that:
(A) is located within the area proposed to be annexed;
(B) covers at least 75% of the total private land area within the entire area proposed to
be annexed and within each applicable area; and
(C) is equal in assessed value to at least 75% of the assessed value of all private real
property within the entire area proposed to be annexed and within each applicable area; or
(iii) a petition under Subsection 
17B-1-403
(1)(a)(ii)(B) that was signed by registered
voters residing within the entire area proposed to be annexed and within each applicable area
equal in number to at least 75% of the number of votes cast within the entire area proposed to
be annexed and within each applicable area, respectively, for the office of governor at the last
regular general election before the filing of the petition;
(b) to an annexation under Section 
17B-1-415
; or
(c) to a boundary adjustment under Section 
17B-1-417
.
(2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
Section 
17B-1-405
, the [
local
] 
special
 district board:
(i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
and
(ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
17B-1-409
 after giving notice of the public hearing as provided in Subsection (2)(b); and
(B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
hold a public hearing as provided in Section 
17B-1-409
 if a written request to do so is
submitted, within 20 days after the [
local
] 
special
 district provides notice under Subsection
(2)(a)(i), to the [
local
] 
special
 district board by an owner of property that is located within or a
registered voter residing within the area proposed to be annexed who did not sign the
annexation petition.
(b) The notice required under Subsections (2)(a)(i) and (ii) shall:
(i) be given:
(A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
certification; or
(II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
than 30 days before the public hearing; and
(B) by:
(I) posting written notice at the [
local
] 
special
 district's principal office and in one or
more other locations within or proximate to the area proposed to be annexed as are reasonable
under the circumstances, considering the number of parcels included in that area, the size of the
area, the population of the area, and the contiguousness of the area; and
(II) providing written notice:
(Aa) to at least one newspaper of general circulation, if there is one, within the area
proposed to be annexed or to a local media correspondent; and
(Bb) on the Utah Public Notice Website created in Section 
63A-16-601
; and
(ii) contain a brief explanation of the proposed annexation and include the name of the
[
local
] 
special
 district, the service provided by the [
local
] 
special
 district, a description or map
of the area proposed to be annexed, a [
local
] 
special
 district telephone number where additional
information about the proposed annexation may be obtained, and, for a notice under Subsection
(2)(a)(i), an explanation of the right of a property owner or registered voter to request a public
hearing as provided in Subsection (2)(a)(ii)(B).
(c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
required for a public hearing under Subsection (2)(a)(ii)(A).
Section 76. Section 
17B-1-414
 is amended to read:
17B-1-414.
Resolution approving an annexation -- Filing of notice and plat with
lieutenant governor -- Recording requirements -- Effective date.
(1) (a) Subject to Subsection (1)(b), the [
local
] 
special
 district board shall adopt a
resolution approving the annexation of the area proposed to be annexed or rejecting the
proposed annexation within 90 days after:
(i) expiration of the protest period under Subsection 
17B-1-412
(2), if sufficient protests
to require an election are not filed;
(ii) for a petition that meets the requirements of Subsection 
17B-1-413
(1):
(A) a public hearing under Section 
17B-1-409
 is held, if the board chooses or is
required to hold a public hearing under Subsection 
17B-1-413
(2)(a)(ii); or
(B) expiration of the time for submitting a request for public hearing under Subsection
17B-1-413
(2)(a)(ii)(B), if no request is submitted and the board chooses not to hold a public
hearing.
(b) If the [
local
] 
special
 district has entered into an agreement with the United States
that requires the consent of the United States for an annexation of territory to the district, a
resolution approving annexation under this part may not be adopted until the written consent of
the United States is obtained and filed with the board of trustees.
(2) (a) (i) Within the time specified under Subsection (2)(a)(ii), the board shall file with
the lieutenant governor:
(A) a copy of a notice of an impending boundary action, as defined in Section
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5
(3) and, if applicable,
Subsection (2)(b); and
(B) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
.
(ii) The board shall file the documents listed in Subsection (2)(a)(i) with the lieutenant
governor:
(A) within 30 days after adoption of a resolution under Subsection (1), Subsection
17B-1-412
(3)(c)(i), or Section 
17B-1-415
; and
(B) as soon as practicable after receiving the notice under Subsection 
10-2-425
(2) of a
municipal annexation that causes an automatic annexation to a [
local
] 
special
 district under
Section 
17B-1-416
.
(b) For an automatic annexation to a [
local
] 
special
 district under Section 
17B-1-416
,
the notice of an impending boundary action required under Subsection (2)(a) shall state that an
area outside the boundaries of the [
local
] 
special
 district is being automatically annexed to the
[
local
] 
special
 district under Section 
17B-1-416
 because of a municipal annexation under Title
10, Chapter 2, Part 4, Annexation.
(c) Upon the lieutenant governor's issuance of a certificate of annexation under Section
67-1a-6.5
, the board shall:
(i) if the annexed 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 annexation; and
(III) approved final local entity plat; and
(B) a certified copy of the annexation resolution; or
(ii) if the annexed 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 (2)(c)(i)(A)(I), (II), and (III); and
(II) a certified copy of the annexation resolution; and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsection (2)(c)(i)(A)(I), (II), and (III);
and
(II) a certified copy of the annexation resolution.
(3) (a) As used in this Subsection (3), "fire district annexation" means an annexation
under this part of an area located in a county of the first class to a [
local
] 
special
 district:
(i) created to provide fire protection, paramedic, and emergency services; and
(ii) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(d).
(b) An annexation under this part is complete and becomes effective:
(i) (A) on July 1 for a fire district annexation, if the lieutenant governor issues the
certificate of annexation under Section 
67-1a-6.5
 from January 1 through June 30; or
(B) on January 1 for a fire district annexation, if the lieutenant governor issues the
certificate of annexation under Section 
67-1a-6.5
 from July 1 through December 31; or
(ii) upon the lieutenant governor's issuance of the certificate of annexation under
Section 
67-1a-6.5
, for any other annexation.
(c) (i) The effective date of a [
local
] 
special
 district annexation for purposes of
assessing property within the annexed area is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (2)(c) are recorded in the office of the
recorder of each county in which the property is located, a [
local
] 
special
 district may not:
(A) levy or collect a property tax on property within the annexed area;
(B) levy or collect an assessment on property within the annexed area; or
(C) charge or collect a fee for service provided to property within the annexed area.
(iii) Subsection (3)(c)(ii)(C):
(A) may not be construed to limit a [
local
] 
special
 district's ability before annexation to
charge and collect a fee for service provided to property that is outside the [
local
] 
special
district's boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (3)(b), of the
[
local
] 
special
 district's annexation, with respect to a fee that the [
local
] 
special
 district was
charging for service provided to property within the annexed area immediately before the area
was annexed to the [
local
] 
special
 district.
Section 77. Section 
17B-1-415
 is amended to read:
17B-1-415.
Annexation of wholesale district through expansion of retail provider
-- Annexation of a special district that provides transportation services.
(1) (a) A [
local
] 
special
 district that provides a wholesale service may adopt a
resolution approving the annexation of an area outside the [
local
] 
special
 district's boundaries
if:
(i) the area is annexed by or otherwise added to, or is added to the retail service area of,
a municipality or another [
local
] 
special
 district that:
(A) acquires the wholesale service from the [
local
] 
special
 district and provides it as a
retail service;
(B) is, before the annexation or other addition, located at least partly within the [
local
]
special
 district; and
(C) after the annexation or other addition will provide to the annexed or added area the
same retail service that the [
local
] 
special
 district provides as a wholesale service to the
municipality or other [
local
] 
special
 district; and
(ii) except as provided in Subsection (2), no part of the area is within the boundaries of 
another [
local
] 
special
 district that provides the same wholesale service as the proposed
annexing [
local
] 
special
 district.
(b) For purposes of this section:
(i) a [
local
] 
special
 district providing public transportation service shall be considered
to be providing a wholesale service; and
(ii) a municipality included within the boundaries of the [
local
] 
special
 district
providing public transportation service shall be considered to be acquiring that wholesale
service from the [
local
] 
special
 district and providing it as a retail service and to be providing
that retail service after the annexation or other addition to the annexed or added area, even
though the municipality does not in fact provide that service.
(2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a [
local
]
special
 district providing a wholesale service and located partly or entirely within the
boundaries of another [
local
] 
special
 district that provides the same wholesale service may be
annexed to the [
local
] 
special
 district if:
(a) the conditions under Subsection (1)(a)(i) are present; and
(b) the proposed annexing [
local
] 
special
 district and the other [
local
] 
special
 district
follow the same procedure as is required for a boundary adjustment under Section 
17B-1-417
,
including both district boards adopting a resolution approving the annexation of the area to the
proposed annexing [
local
] 
special
 district and the withdrawal of that area from the other
district.
(3) A [
local
] 
special
 district that provides transportation services may adopt a
resolution approving the annexation of the area outside of the [
local
] 
special
 district's
boundaries if:
(a) the area is within a county that has levied a sales and use tax under Section
59-12-2216
; and
(b) the county legislative body has adopted a resolution approving the annexation of
the areas outside of the [
local
] 
special
 district.
(4) Upon the adoption of an annexation resolution under this section, the board of the
annexing [
local
] 
special
 district shall comply with the requirements of Subsection
17B-1-414
(2), and the lieutenant governor shall issue a certificate of annexation and send a
copy of notice as provided in Section 
67-1a-6.5
.
(5) Subsections 
17B-1-414
(2) and (3) apply to an annexation under this section.
Section 78. Section 
17B-1-416
 is amended to read:
17B-1-416.
Automatic annexation to a district providing fire protection,
paramedic, and emergency services or law enforcement service.
(1) An area outside the boundaries of a [
local
] 
special
 district that is annexed to a
municipality or added to a municipality by a boundary adjustment under Title 10, Chapter 2,
Part 4, Annexation, is automatically annexed to the [
local
] 
special
 district if:
(a) the [
local
] 
special
 district provides:
(i) fire protection, paramedic, and emergency services; or
(ii) law enforcement service;
(b) an election for the creation of the [
local
] 
special
 district was not required because of
Subsection 
17B-1-214
(3)(d); and
(c) before the municipal annexation or boundary adjustment, the entire municipality
that is annexing the area or adding the area by boundary adjustment was included within the
[
local
] 
special
 district.
(2) The effective date of an annexation under this section is governed by Subsection
17B-1-414
(3)(b).
Section 79. 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
] 
special
 district that will be removed from that [
local
] 
special
 district
and included within the boundaries of another [
local
] 
special
 district because of a boundary
adjustment under this section.
(2) The boards of trustees of two or more [
local
] 
special
 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
] 
special
 district intending to adjust a
boundary that is common with another [
local
] 
special
 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) post notice:
(I) in at least four conspicuous places within the [
local
] 
special
 district at least two
weeks before the public hearing; and
(II) on the Utah Public Notice Website created in Section 
63A-16-601
, 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
] 
special
 district has adopted a resolution
indicating the board's intent to adjust a boundary that the [
local
] 
special
 district has in common
with another [
local
] 
special
 district that provides the same service as the [
local
] 
special
 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
] 
special
 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 boards of trustees of the [
local
] 
special
 districts whose boundaries are being
adjusted may jointly:
(i) 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
] 
special
 district whose boundaries are being adjusted has adopted a resolution under
Subsection (4).
(6) The board of the [
local
] 
special
 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
] 
special
 district whose
boundaries are being adjusted to include the affected area, and the affected area is withdrawn
from the [
local
] 
special
 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
] 
special
 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
] 
special
 district's ability before a boundary
adjustment to charge and collect a fee for service provided to property that is outside the [
local
]
special
 district's boundary; and
(B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
[
local
] 
special
 district's boundary adjustment, with respect to a fee that the [
local
] 
special
district was charging for service provided to property within the area affected by the boundary
adjustment immediately before the boundary adjustment.
Section 80. Section 
17B-1-418
 is amended to read:
17B-1-418.
Annexed area subject to fees and taxes.
When an annexation under Section 
17B-1-414
 or 
17B-1-415
 or a boundary adjustment
under Section 
17B-1-417
 is complete, the annexed area or the area affected by the boundary
adjustment shall be subject to user fees imposed by and property, sales, and other taxes levied
by or for the benefit of the [
local
] 
special
 district.
Section 81. Section 
17B-1-501
 is amended to read:
17B-1-501.
Definition.
As used in this part, "receiving entity" means the entity that will, after the withdrawal of
an area from a [
local
] 
special
 district, provide to the withdrawn area the service that the [
local
]
special
 district previously provided to the area.
Section 82. Section 
17B-1-502
 is amended to read:
17B-1-502.
Withdrawal of area from special district -- Automatic withdrawal in
certain circumstances.
(1) (a) An area within the boundaries of a [
local
] 
special
 district may be withdrawn
from the [
local
] 
special
 district only as provided in this part or, if applicable, as provided in
Chapter 2a, Part 11, Municipal Services District Act.
(b) Except as provided in Subsections (2) and (3), the inclusion of an area of a [
local
]
special
 district within a municipality because of a municipal incorporation under Title 10,
Chapter 2a, Municipal Incorporation, or a municipal annexation or boundary adjustment under
Title 10, Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the
process of withdrawing that area from the [
local
] 
special
 district.
(2) (a) An area within the boundaries of a [
local
] 
special
 district is automatically
withdrawn from the [
local
] 
special
 district by the annexation of the area to a municipality or the
adding of the area to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4,
Annexation, if:
(i) the [
local
] 
special
 district provides:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service;
(ii) an election for the creation of the [
local
] 
special
 district was not required because
of Subsection 
17B-1-214
(3)(d) or (g); and
(iii) before annexation or boundary adjustment, the boundaries of the [
local
] 
special
district do not include any of the annexing municipality.
(b) The effective date of a withdrawal under this Subsection (2) is governed by
Subsection 
17B-1-512
(2)(b).
(3) (a) Except as provided in Subsection (3)(c) or (d), an area within the boundaries of
a [
local
] 
special
 district located in a county of the first class is automatically withdrawn from
the [
local
] 
special
 district by the incorporation of a municipality whose boundaries include the
area if:
(i) the [
local
] 
special
 district provides municipal services, as defined in Section
17B-2a-1102
, excluding fire protection, paramedic, emergency, and law enforcement services;
(ii) an election for the creation of the [
local
] 
special
 district was not required because
of Subsection 
17B-1-214
(3) (g); and
(iii) the legislative body of the newly incorporated municipality:
(A) for a city or town incorporated under Title 10, Chapter 2a, Part 4, Incorporation of
Metro Townships and Unincorporated Islands in a County of the First Class on and after May
12, 2015, complies with the feasibility study requirements of Section 
17B-2a-1110
;
(B) adopts a resolution no later than 180 days after the effective date of incorporation
approving the withdrawal that includes the legal description of the area to be withdrawn; and
(C) delivers a copy of the resolution to the board of trustees of the [
local
] 
special
district.
(b) The effective date of a withdrawal under this Subsection (3) is governed by
Subsection 
17B-1-512
(2)(a).
(c) Section 
17B-1-505
 shall govern the withdrawal of an incorporated area within a
county of the first class if:
(i) the [
local
] 
special
 district from which the area is withdrawn provides:
(A) fire protection, paramedic, and emergency services;
(B) law enforcement service; or
(C) municipal services, as defined in Section 
17B-2a-1102
;
(ii) an election for the creation of the [
local
] 
special
 district was not required under
Subsection 
17B-1-214
(3)(d) or (g); and
(iii) for a [
local
] 
special
 district that provides municipal services, as defined in Section
17B-2a-1102
, excluding fire protection, paramedic, emergency, and law enforcement services,
the 180-day period described in Subsection (3)(a)(iii)(B) is expired.
(d) An area may not be withdrawn from a [
local
] 
special
 district that provides
municipal services, as defined in Section 
17B-2a-1102
, excluding fire protection, paramedic,
emergency, and law enforcement services, if:
(i) the area is incorporated as a metro township; and
(ii) at the election to incorporate as a metro township, the residents of the area chose to
be included in a municipal services district.
Section 83. Section 
17B-1-503
 is amended to read:
17B-1-503.
Withdrawal or boundary adjustment with municipal approval.
(1) A municipality and a [
local
] 
special
 district whose boundaries adjoin or overlap
may adjust the boundary of the [
local
] 
special
 district to include more or less of the
municipality, including the expansion area identified in the annexation policy plan adopted by
the municipality under Section 
10-2-401.5
, in the [
local
] 
special
 district by following the same
procedural requirements as set forth in Section 
17B-1-417
 for boundary adjustments between
adjoining [
local
] 
special
 districts.
(2) (a) Notwithstanding any other provision of this title, a municipality annexing all or
part of an unincorporated island or peninsula under Title 10, Chapter 2, Classification,
Boundaries, Consolidation, and Dissolution of Municipalities, that overlaps a municipal
services district organized under Chapter 2a, Part 11, Municipal Services District Act, may
petition to withdraw the area from the municipal services district in accordance with this
Subsection (2).
(b) For a valid withdrawal described in Subsection (2)(a):
(i) the annexation petition under Section 
10-2-403
 or a separate consent, signed by
owners of at least 60% of the total private land area, shall state that the signers request the area
to be withdrawn from the municipal services district; and
(ii) the legislative body of the municipality shall adopt a resolution, which may be the
resolution adopted in accordance with Subsection 
10-2-418
(5)(a), stating the municipal
legislative body's intent to withdraw the area from the municipal services district.
(c) The board of trustees of the municipal services district shall consider the
municipality's petition to withdraw the area from the municipal services district within 90 days
after the day on which the municipal services district receives the petition.
(d) The board of trustees of the municipal services district:
(i) may hold a public hearing in accordance with the notice and public hearing
provisions of Section 
17B-1-508
;
(ii) shall consider information that includes any factual data presented by the
municipality and any owner of private real property who signed a petition or other form of
consent described in Subsection (2)(b)(i); and
(iii) identify in writing the information upon which the board of trustees relies in
approving or rejecting the withdrawal.
(e) The board of trustees of the municipal services district shall approve the
withdrawal, effective upon the annexation of the area into the municipality or, if the
municipality has already annexed the area, as soon as possible in the reasonable course of
events, if the board of trustees makes a finding that:
(i) (A) the loss of revenue to the municipal services district due to a withdrawal of the
area will be offset by savings associated with no longer providing municipal-type services to
the area; or
(B) if the loss of revenue will not be offset by savings resulting from no longer
providing municipal-type services to the area, the municipality agreeing to terms and
conditions, which may include terms and conditions described in Subsection 
17B-1-510
(5), can
mitigate or eliminate the loss of revenue;
(ii) the annexation petition under Section 
10-2-403
, or a separate petition meeting the
same signature requirements, states that the signers request the area to be withdrawn from the
municipal services district; or
(iii) the following have consented in writing to the withdrawal:
(A) owners of more than 60% of the total private land area; or
(B) owners of private land equal in assessed value to more than 60% of the assessed
value of all private real property within the area proposed for withdrawal have consented in
writing to the withdrawal.
(f) If the board of trustees of the municipal services district does not make any of the
findings described in Subsection (2)(e), the board of trustees may approve or reject the
withdrawal based upon information upon which the board of trustees relies and that the board
of trustees identifies in writing.
(g) (i) If a municipality annexes an island or a part of an island before May 14, 2019,
the legislative body of the municipality may initiate the withdrawal of the area from the
municipal services district by adopting a resolution that:
(A) requests that the area be withdrawn from the municipal services district; and
(B) a final local entity plat accompanies, identifying the area proposed to be withdrawn
from the municipal services district.
(ii) (A) Upon receipt of the resolution and except as provided in Subsection
(2)(g)(ii)(B), the board of trustees of the municipal services district shall approve the
withdrawal.
(B) The board of trustees of the municipal services district may reject the withdrawal if
the rejection is based upon a good faith finding that lost revenues due to the withdrawal will
exceed expected cost savings resulting from no longer serving the area.
(h) (i) Based upon a finding described in Subsection (e) or (f):
(A) the board of trustees of the municipal services district shall adopt a resolution
approving the withdrawal; and
(B) the chair of the board shall sign a notice of impending boundary action, as defined
in Section 
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5
(3).
(ii) The annexing municipality shall deliver the following to the lieutenant governor:
(A) the resolution and notice of impending boundary action described in Subsection
(2)(g)(i);
(B) a copy of an approved final local entity plat as defined in Section 
67-1a-6.5
; and
(C) any other documentation required by law.
(i) (i) Once the lieutenant governor has issued an applicable certificate as defined in
Section 
67-1a-6.5
, the municipality shall deliver the certificate, the resolution and notice of
impending boundary action described in Subsection (2)(h)(i), the final local entity plat as
defined in Section 
67-1a-6.5
, and any other document required by law, to the recorder of the
county in which the area is located.
(ii) After the municipality makes the delivery described in Subsection (2)(i)(i), the
area, for all purposes, is no longer part of the municipal services district.
(j) The annexing municipality and the municipal services district may enter into an
interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, stating:
(i) the municipality's and the district's duties and responsibilities in conducting a
withdrawal under this Subsection (2); and
(ii) any other matter respecting an unincorporated island that the municipality
surrounds on all sides.
(3) After a boundary adjustment under Subsection (1) or a withdrawal under
Subsection (2) is complete:
(a) the [
local
] 
special
 district shall, without interruption, provide the same service to
any area added to the [
local
] 
special
 district as provided to other areas within the [
local
] 
special
district; and
(b) the municipality shall, without interruption, provide the same service that the
[
local
] 
special
 district previously provided to any area withdrawn from the [
local
] 
special
district.
(4) No area within a municipality may be added to the area of a [
local
] 
special
 district
under this section if the area is part of a [
local
] 
special
 district that provides the same wholesale
or retail service as the first [
local
] 
special
 district.
Section 84. Section 
17B-1-504
 is amended to read:
17B-1-504.
Initiation of withdrawal process -- Notice of petition.
(1) Except as provided in Section 
17B-1-505
, the process to withdraw an area from a
[
local
] 
special
 district may be initiated:
(a) for a [
local
] 
special
 district funded predominantly by revenues from property taxes
or service charges other than those based upon acre-feet of water:
(i) by a petition signed by the owners of private real property that:
(A) is located within the area proposed to be withdrawn;
(B) covers at least 51% of the total private land within the area proposed to be
withdrawn; and
(C) is equal in taxable value to at least 51% of the taxable value of all private real
property within the area proposed to be withdrawn;
(ii) by a petition signed by registered voters residing within the area proposed to be
withdrawn equal in number to at least 67% of the number of votes cast in the same area for the
office of governor at the last regular general election before the filing of the petition;
(iii) by a resolution adopted by the board of trustees of the [
local
] 
special
 district in
which the area proposed to be withdrawn is located, which:
(A) states the reasons for withdrawal; and
(B) is accompanied by a general description of the area proposed to be withdrawn; or
(iv) by a resolution to file a petition with the [
local
] 
special
 district to withdraw from
the [
local
] 
special
 district all or a specified portion of the area within a municipality or county,
adopted by the governing body of a municipality that has within its boundaries an area located
within the boundaries of a [
local
] 
special
 district, or by the governing body of a county that has
within its boundaries an area located within the boundaries of a [
local
] 
special
 district that is
located in more than one county, which petition of the governing body shall be filed with the
board of trustees only if a written request to petition the board of trustees to withdraw an area
from the [
local
] 
special
 district has been filed with the governing body of the municipality, or
county, and the request has been signed by registered voters residing within the boundaries of
the area proposed for withdrawal equal in number to at least 51% of the number of votes cast in
the same area for the office of governor at the last regular general election before the filing of
the petition;
(b) for a [
local
] 
special
 district whose board of trustees is elected by electors based on
the acre-feet of water allotted to the land owned by the elector:
(i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or
(ii) by a petition signed by the owners of at least 67% of the acre-feet of water allotted
to the land proposed to be withdrawn; or
(c) for a [
local
] 
special
 district funded predominantly by revenues other than property
taxes, service charges, or assessments based upon an allotment of acre-feet of water:
(i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or
(ii) by a petition signed by the registered voters residing within the entire area proposed
to be withdrawn, which area shall be comprised of an entire unincorporated area within the
[
local
] 
special
 district or an entire municipality within a [
local
] 
special
 district, or a
combination thereof, equal in number to at least 67% of the number of votes cast within the
entire area proposed to be withdrawn for the office of governor at the last regular general
election before the filing of the petition.
(2) Prior to soliciting any signatures on a petition under Subsection (1), the sponsors of
the petition shall:
(a) notify the [
local
] 
special
 district board with which the petition is intended to be
filed that the sponsors will be soliciting signatures for a petition; and
(b) mail a copy of the petition to the [
local
] 
special
 district board.
Section 85. Section 
17B-1-505
 is amended to read:
17B-1-505.
Withdrawal of municipality from certain districts providing fire
protection, paramedic, and emergency services or law enforcement service or municipal
services.
(1) As used in this section, "first responder district" means a [
local
] 
special
 district,
other than a municipal services district, that provides:
(a) fire protection, paramedic, and emergency services; or
(b) law enforcement service.
(2) This section applies to the withdrawal of a municipality that is entirely within the
boundary of a first responder district or municipal services district that was created without the
necessity of an election because of Subsection 
17B-1-214
(3)(d) or (g).
(3) (a) The process to withdraw a municipality from a first responder district or
municipal services district may be initiated by a resolution adopted by the legislative body of
the municipality, subject to Subsection (3)(b).
(b) The legislative body of a municipality that is within a municipal services district
may not adopt a resolution under Subsection (3)(a) to withdraw from the municipal services
district unless the municipality has conducted a feasibility study in accordance with Section
17B-2a-1110
.
(c) Within 10 days after adopting a resolution under Subsection (3)(a), the municipal
legislative body shall submit to the board of trustees of the first responder district or municipal
services district written notice of the adoption of the resolution, accompanied by a copy of the
resolution.
(4) If a resolution is adopted under Subsection (3)(a) by the legislative body of a
municipality within a municipal services district, the municipal legislative body shall hold an
election at the next municipal general election that is more than 60 days after adoption of the
resolution on the question of whether the municipality should withdraw from the municipal
services district.
(5) (a) A municipality shall be withdrawn from a first responder district if:
(i) the legislative body of the municipality adopts a resolution initiating the withdrawal
under Subsection (3)(a); and
(ii) (A) whether before or after the effective date of this section, the municipality and
first responder district agree in writing to the withdrawal; or
(B) except as provided in Subsection (5)(b) and subject to Subsection (6), the voters of
the municipality approve the withdrawal at an election held for that purpose.
(b) An election under Subsection (5)(a)(ii)(B) is not required if, after a feasibility study
is conducted under Section 
17B-1-505.5
 and a public hearing is held under Subsection
17B-1-505.5
(14), the municipality and first responder district agree in writing to the
withdrawal.
(6) An election under Subsection (5)(a)(ii)(B) may not be held unless:
(a) a feasibility study is conducted under Section 
17B-1-505.5
; and
(b) (i) the feasibility study concludes that the withdrawal is functionally and financially
feasible for the municipality and the first responder district; or
(ii) (A) the feasibility study concludes that the withdrawal would be functionally and
financially feasible for the municipality and the first responder district if conditions specified in
the feasibility study are met; and
(B) the legislative body of the municipality adopts a resolution irrevocably committing
the municipality to satisfying the conditions specified in the feasibility study, if the withdrawal
is approved by the municipality's voters.
(7) If a majority of those voting on the question of withdrawal at an election held under
Subsection (4) or (5)(a)(ii)(B) vote in favor of withdrawal, the municipality shall be
withdrawn from the [
local
] 
special
 district.
(8) (a) Within 10 days after the canvass of an election at which a withdrawal under this
section is submitted to voters, the municipal legislative body shall send written notice to the
board of the first responder district or municipal services district from which the municipality
is proposed to withdraw.
(b) Each notice under Subsection (8)(a) shall:
(i) state the results of the withdrawal election; and
(ii) if the withdrawal was approved by voters, be accompanied by a copy of an
approved final local entity plat, as defined in Section 
67-1a-6.5
.
(9) The effective date of a withdrawal under this section is governed by Subsection
17B-1-512
(2)(a).
Section 86. Section 
17B-1-505.5
 is amended to read:
17B-1-505.5.
Feasibility study for a municipality's withdrawal from a special
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
] 
special
 district.
(c) "First responder district" means a [
local
] 
special
 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
] 
special
 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
] 
special
 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) on the Utah Public Notice Website created in Section
63A-16-601
, 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 87. Section 
17B-1-506
 is amended to read:
17B-1-506.
Withdrawal petition requirements.
(1) Each petition under Section 
17B-1-504
 shall:
(a) indicate the typed or printed name and current address of each owner of acre-feet of
water, property owner, registered voter, or authorized representative of the governing body
signing the petition;
(b) separately group signatures by municipality and, in the case of unincorporated
areas, by county;
(c) if it is a petition signed by the owners of land, the assessment of which is based on
acre-feet of water, indicate the address of the property and the property tax identification parcel
number of the property as to which the owner is signing the request;
(d) designate up to three signers of the petition as sponsors, or in the case of a petition
filed under Subsection 
17B-1-504
(1)(a)(iv), designate a governmental representative as a
sponsor, and in each case, designate one sponsor as the contact sponsor with the mailing
address and telephone number of each;
(e) state the reasons for withdrawal; and
(f) when the petition is filed with the [
local
] 
special
 district board of trustees, be
accompanied by a map generally depicting the boundaries of the area proposed to be withdrawn
and a legal description of the area proposed to be withdrawn.
(2) (a) The [
local
] 
special
 district may prepare an itemized list of expenses, other than
attorney expenses, that will necessarily be incurred by the [
local
] 
special
 district in the
withdrawal proceeding. The itemized list of expenses may be submitted to the contact sponsor. 
If the list of expenses is submitted to the contact sponsor within 21 days after receipt of the
petition, the contact sponsor on behalf of the petitioners shall be required to pay the expenses
to the [
local
] 
special
 district within 90 days of receipt. Until funds to cover the expenses are
delivered to the [
local
] 
special
 district, the district will have no obligation to proceed with the
withdrawal and the time limits on the district stated in this part will be tolled. If the expenses
are not paid within the 90 days, or within 90 days from the conclusion of any arbitration under
Subsection (2)(b), the petition requesting the withdrawal shall be considered to have been
withdrawn.
(b) If there is no agreement between the board of trustees of the [
local
] 
special
 district
and the contact sponsor on the amount of expenses that will necessarily be incurred by the
[
local
] 
special
 district in the withdrawal proceeding, either the board of trustees or the contact
sponsor may submit the matter to binding arbitration in accordance with Title 78B, Chapter 6,
Part 2, Alternative Dispute Resolution Act; provided that, if the parties cannot agree upon an
arbitrator and the rules and procedures that will control the arbitration, either party may pursue
arbitration under Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(3) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
signature at any time before the public hearing under Section 
17B-1-508
 by submitting a
written withdrawal or reinstatement with the board of trustees of the [
local
] 
special
 district in
which the area proposed to be withdrawn is located.
(4) If it reasonably appears that, if the withdrawal which is the subject of a petition
filed under Subsection 
17B-1-504
(1)(a)(i) or (ii) is granted, it will be necessary for a
municipality to provide to the withdrawn area the service previously supplied by the [
local
]
special
 district, the board of trustees of the [
local
] 
special
 district may, within 21 days after
receiving the petition, notify the contact sponsor in writing that, before it will be considered by
the board of trustees, the petition shall be presented to and approved by the governing body of
the municipality as provided in Subsection 
17B-1-504
(1)(a)(iv) before it will be considered by
the [
local
] 
special
 district board of trustees. If the notice is timely given to the contact sponsor,
the petition shall be considered to have been withdrawn until the municipality files a petition
with the [
local
] 
special
 district under Subsection 
17B-1-504
(1)(a)(iv).
(5) (a) After receiving the notice required by Subsection 
17B-1-504
(2), unless
specifically allowed by law, a public entity may not make expenditures from public funds to
support or oppose the gathering of signatures on a petition for withdrawal.
(b) Nothing in this section prohibits a public entity from providing factual information
and analysis regarding a withdrawal petition to the public, so long as the information grants
equal access to both the opponents and proponents of the petition for withdrawal.
(c) Nothing in this section prohibits a public official from speaking, campaigning,
contributing personal money, or otherwise exercising the public official's constitutional rights.
Section 88. Section 
17B-1-507
 is amended to read:
17B-1-507.
Withdrawal petition certification -- Amended petition.
(1) Within 30 days after the filing of a petition under Sections 
17B-1-504
 and
17B-1-506
, the board of trustees of the [
local
] 
special
 district in which the area proposed to be
withdrawn is located shall:
(a) with the assistance of officers of the county in which the area proposed to be
withdrawn is located, determine whether the petition meets the requirements of Sections
17B-1-504
 and 
17B-1-506
; and
(b) (i) if the petition complies with the requirements set forth in Sections 
17B-1-504
and 
17B-1-506
, certify the petition and mail or deliver written notification of the certification
to the contact sponsor; or
(ii) if the petition fails to comply with any of the requirements set forth in Sections
17B-1-504
 and 
17B-1-506
, reject the petition as insufficient and mail or deliver written
notification of the rejection and the reasons for the rejection to the contact sponsor.
(2) (a) If the board rejects the petition under Subsection (1)(b)(ii), the petition may be
amended to correct the deficiencies for which it was rejected and then refiled within 60 days
after notice of the rejection.
(b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
used toward fulfilling the applicable signature requirement for an amended petition refiled
under Subsection (2)(a).
(3) The board of trustees shall process an amended petition refiled under Subsection
(2)(a) in the same manner as an original petition under Subsection (1). If an amended petition
is rejected for failure to comply with the requirements of Sections 
17B-1-504
 and 
17B-1-506
,
the board of trustees shall issue a final rejection of the petition for insufficiency and mail or
deliver written notice of the final rejection to the contact sponsor.
(4) (a) A signer of a petition for which there has been a final rejection under Subsection
(3) for insufficiency may seek judicial review of the board of trustees' final decision to reject
the petition as insufficient.
(b) Judicial review under Subsection (4)(a) shall be initiated by filing an action in state
district court in the county in which a majority of the area proposed to be withdrawn is located.
(c) The court in which an action is filed under this Subsection (4) may not overturn the
board of trustees' decision to reject the petition unless the court finds that:
(i) the board of trustees' decision was arbitrary or capricious; or
(ii) the petition materially complies with the requirements set forth in Sections
17B-1-504
 and 
17B-1-506
.
(d) The court may award costs and expenses of an action under this section, including
reasonable attorney fees, to the prevailing party.
Section 89. Section 
17B-1-508
 is amended to read:
17B-1-508.
Public hearing -- Quorum of board required to be present.
(1) A public hearing on the proposed withdrawal shall be held by the board of trustees
of a [
local
] 
special
 district that:
(a) certifies a petition under Subsection 
17B-1-507
(1)(b)(i) unless the petition was
signed by all of the owners of private land within the area proposed to be withdrawn or all of
the registered voters residing within the area proposed to be withdrawn; or
(b) adopts a resolution under Subsection 
17B-1-504
(1)(a)(iii) unless another [
local
]
special
 district provides to the area proposed to be withdrawn the same retail or wholesale
service as provided by the [
local
] 
special
 district that adopted the resolution.
(2) The public hearing required by Subsection (1) for a petition certified by the board
of trustees of a [
local
] 
special
 district under Subsection 
17B-1-507
(1)(b)(i), other than a
petition filed in accordance with Subsection 
17B-1-504
(1)(a)(iv), may be held as an agenda
item of a meeting of the board of trustees of the [
local
] 
special
 district without complying with
the requirements of Subsection (3)(b), (3)(c), or Section 
17B-1-509
.
(3) Except as provided in Subsection (2), the public hearing required by Subsection (1)
shall be held:
(a) no later than 90 days after:
(i) certification of the petition under Subsection 
17B-1-507
(1)(b)(i); or
(ii) adoption of a resolution under Subsection 
17B-1-504
(1)(a)(iii);
(b) (i) for a [
local
] 
special
 district located entirely within a single county:
(A) within or as close as practicable to the area proposed to be withdrawn; or
(B) at the [
local
] 
special
 district office; or
(ii) for a [
local
] 
special
 district located in more than one county:
(A) (I) within the county in which the area proposed to be withdrawn is located; and
(II) within or as close as practicable to the area proposed to be withdrawn; or
(B) if the [
local
] 
special
 district office is reasonably accessible to all residents within
the area proposed to be annexed, at the [
local
] 
special
 district office;
(c) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.; and
(d) for the purpose of allowing:
(i) the public to ask questions and obtain further information about the proposed
withdrawal and issues raised by it; and
(ii) any interested person to address the board of trustees concerning the proposed
withdrawal.
(4) A quorum of the board of trustees of the [
local
] 
special
 district shall be present
throughout the public hearing provided for under this section.
(5) A public hearing under this section may be postponed or continued to a new time,
date, and place without further notice by a resolution of the board of trustees adopted at the
public hearing held at the time, date, and place specified in the published notice; provided,
however, that the public hearing may not be postponed or continued to a date later than 15 days
after the 90-day period under Subsection (3).
Section 90. Section 
17B-1-509
 is amended to read:
17B-1-509.
Notice of hearing and withdrawal.
(1) Unless it is held as an agenda item of a meeting of the board of trustees of a [
local
]
special
 district as allowed by Subsection 
17B-1-508
(2), before holding a public hearing under
Section 
17B-1-508
, the board of trustees of the [
local
] 
special
 district shall:
(a) mail notice of the public hearing and of the proposed withdrawal to:
(i) if the [
local
] 
special
 district is funded predominantly by revenues from a property
tax, each owner of private real property located within the area proposed to be withdrawn, as
shown upon the county assessment roll last equalized as of the previous December 31;
(ii) if the [
local
] 
special
 district is funded by fees based upon an allotment of acre-feet
of water, each owner of private real property with an allotment of water located within the area
proposed to be withdrawn, as shown upon the district's records; or
(iii) if the [
local
] 
special
 district is not funded predominantly by revenues from a
property tax or fees based upon an allotment of acre-feet of water, each registered voter
residing within the area proposed to be withdrawn, as determined by the voter registration list
maintained by the county clerk as of a date selected by the board of trustees that is at least 20
but not more than 60 days before the public hearing; and
(b) post notice of the public hearing and of the proposed withdrawal in at least four
conspicuous places within the area proposed to be withdrawn, no less than five nor more than
30 days before the public hearing.
(2) Each notice required under Subsection (1) shall:
(a) describe the area proposed to be withdrawn;
(b) identify the [
local
] 
special
 district in which the area proposed to be withdrawn is
located;
(c) state the date, time, and location of the public hearing;
(d) state that the petition or resolution may be examined during specified times and at a
specified place in the [
local
] 
special
 district; and
(e) state that any person interested in presenting comments or other information for or
against the petition or resolution may:
(i) prior to the hearing, submit relevant comments and other information in writing to
the board of trustees at a specified address in the [
local
] 
special
 district; or
(ii) at the hearing, present relevant comments and other information in writing and may
also present comments and information orally.
Section 91. Section 
17B-1-510
 is amended to read:
17B-1-510.
Resolution approving or rejecting withdrawal -- Criteria for approval
or rejection -- Terms and conditions.
(1) (a) No later than 90 days after the public hearing under Section 
17B-1-508
, or, if no
hearing is held, within 90 days after the filing of a petition under Section 
17B-1-504
, the board
of trustees of the [
local
] 
special
 district in which the area proposed to be withdrawn is located
shall adopt a resolution:
(i) approving the withdrawal of some or all of the area from the [
local
] 
special
 district;
or
(ii) rejecting the withdrawal.
(b) Each resolution approving a withdrawal shall:
(i) include a legal description of the area proposed to be withdrawn;
(ii) state the effective date of the withdrawal; and
(iii) set forth the terms and conditions under Subsection (5), if any, of the withdrawal.
(c) Each resolution rejecting a withdrawal shall include a detailed explanation of the
board of trustees' reasons for the rejection.
(2) Unless denial of the petition is required under Subsection (3), the board of trustees
shall adopt a resolution approving the withdrawal of some or all of the area from the [
local
]
special
 district if the board of trustees determines that:
(a) the area to be withdrawn does not and will not require the service that the [
local
]
special
 district provides;
(b) the [
local
] 
special
 district will not be able to provide service to the area to be
withdrawn for the reasonably foreseeable future; or
(c) the area to be withdrawn has obtained the same service that is provided by the
[
local
] 
special
 district or a commitment to provide the same service that is provided by the
[
local
] 
special
 district from another source.
(3) The board of trustees shall adopt a resolution denying the withdrawal if it
determines that the proposed withdrawal would:
(a) result in a breach or default by the [
local
] 
special
 district under:
(i) any of its notes, bonds, or other debt or revenue obligations;
(ii) any of its agreements with entities which have insured, guaranteed, or otherwise
credit-enhanced any debt or revenue obligations of the [
local
] 
special
 district; or
(iii) any of its agreements with the United States or any agency of the United States;
provided, however, that, if the [
local
] 
special
 district has entered into an agreement with the
United States that requires the consent of the United States for a withdrawal of territory from
the district, a withdrawal under this part may occur if the written consent of the United States is
obtained and filed with the board of trustees;
(b) adversely affect the ability of the [
local
] 
special
 district to make any payments or
perform any other material obligations under:
(i) any of its agreements with the United States or any agency of the United States;
(ii) any of its notes, bonds, or other debt or revenue obligations; or
(iii) any of its agreements with entities which have insured, guaranteed, or otherwise
credit-enhanced any debt or revenue obligations of the [
local
] 
special
 district;
(c) result in the reduction or withdrawal of any rating on an outstanding note, bond, or
other debt or revenue obligation of the [
local
] 
special
 district;
(d) create an island or peninsula of nondistrict territory within the [
local
] 
special
district or of district territory within nondistrict territory that has a material adverse affect on
the [
local
] 
special
 district's ability to provide service or materially increases the cost of
providing service to the remainder of the [
local
] 
special
 district;
(e) materially impair the operations of the remaining [
local
] 
special
 district; or
(f) require the [
local
] 
special
 district to materially increase the fees it charges or
property taxes or other taxes it levies in order to provide to the remainder of the district the
same level and quality of service that was provided before the withdrawal.
(4) In determining whether the withdrawal would have any of the results described in
Subsection (3), the board of trustees may consider the cumulative impact that multiple
withdrawals over a specified period of time would have on the [
local
] 
special
 district.
(5) (a) Despite the presence of one or more of the conditions listed in Subsection (3),
the board of trustees may approve a resolution withdrawing an area from the [
local
] 
special
district imposing terms or conditions that mitigate or eliminate the conditions listed in
Subsection (3), including:
(i) a requirement that the owners of property located within the area proposed to be
withdrawn or residents within that area pay their proportionate share of any outstanding district
bond or other obligation as determined pursuant to Subsection (5)(b);
(ii) a requirement that the owners of property located within the area proposed to be
withdrawn or residents within that area make one or more payments in lieu of taxes, fees, or
assessments;
(iii) a requirement that the board of trustees and the receiving entity agree to reasonable
payment and other terms in accordance with Subsections (5)(f) through (g) regarding the
transfer to the receiving entity of district assets that the district used before withdrawal to
provide service to the withdrawn area but no longer needs because of the withdrawal; provided
that, if those district assets are allocated in accordance with Subsections (5)(f) through (g), the
district shall immediately transfer to the receiving entity on the effective date of the
withdrawal, all title to and possession of district assets allocated to the receiving entity; or
(iv) any other reasonable requirement considered to be necessary by the board of
trustees.
(b) Other than as provided for in Subsection 
17B-1-511
(2), and except as provided in
Subsection (5)(e), in determining the proportionate share of outstanding bonded indebtedness
or other obligations under Subsection (5)(a)(i) and for purposes of determining the allocation
and transfer of district assets under Subsection (5)(a)(iii), the board of trustees and the
receiving entity, or in cases where there is no receiving entity, the board and the sponsors of the
petition shall:
(i) engage engineering and accounting consultants chosen by the procedure provided in
Subsection (5)(d); provided however, that if the withdrawn area is not receiving service, an
engineering consultant need not be engaged; and
(ii) require the engineering and accounting consultants engaged under Subsection
(5)(b)(i) to communicate in writing to the board of trustees and the receiving entity, or in cases
where there is no receiving entity, the board and the sponsors of the petition the information
required by Subsections (5)(f) through (h).
(c) For purposes of this Subsection (5):
(i) "accounting consultant" means a certified public accountant or a firm of certified
public accountants with the expertise necessary to make the determinations required under
Subsection (5)(h); and
(ii) "engineering consultant" means a person or firm that has the expertise in the
engineering aspects of the type of system by which the withdrawn area is receiving service that
is necessary to make the determination required under Subsections (5)(f) and (g).
(d) (i) Unless the board of trustees and the receiving entity, or in cases where there is
no receiving entity, the board and the sponsors of the petition agree on an engineering
consultant and an accounting consultant, each consultant shall be chosen from a list of
consultants provided by the Consulting Engineers Council of Utah and the Utah Association of
Certified Public Accountants, respectively, as provided in this Subsection (5)(d).
(ii) A list under Subsection (5)(d)(i) may not include a consultant who has had a
contract for services with the district or the receiving entity during the two-year period
immediately before the list is provided to the [
local
] 
special
 district.
(iii) Within 20 days of receiving the lists described in Subsection (5)(d)(i), the board of
trustees shall eliminate the name of one engineering consultant from the list of engineering
consultants and the name of one accounting consultant from the list of accounting consultants
and shall notify the receiving entity, or in cases where there is no receiving entity, the sponsors
of the petition in writing of the eliminations.
(iv) Within three days of receiving notification under Subsection (5)(d), the receiving
entity, or in cases where there is no receiving entity, the sponsors of the petition shall eliminate
another name of an engineering consultant from the list of engineering consultants and another
name of an accounting consultant from the list of accounting consultants and shall notify the
board of trustees in writing of the eliminations.
(v) The board of trustees and the receiving entity, or in cases where there is no
receiving entity, the board and the sponsors of the petition shall continue to alternate between
them, each eliminating the name of one engineering consultant from the list of engineering
consultants and the name of one accounting consultant from the list of accounting consultants
and providing written notification of the eliminations within three days of receiving
notification of the previous notification, until the name of only one engineering consultant
remains on the list of engineering consultants and the name of only one accounting consultant
remains on the list of accounting consultants.
(e) The requirement under Subsection (5)(b) to engage engineering and accounting
consultants does not apply if the board of trustees and the receiving entity, or in cases where
there is no receiving entity, the board and the sponsors of the petition agree on the allocations
that are the engineering consultant's responsibility under Subsection (5)(f) or the
determinations that are the accounting consultant's responsibility under Subsection (5)(h);
provided however, that if engineering and accounting consultants are engaged, the district and
the receiving entity, or in cases where there is no receiving entity, the district and the sponsors
of the petition shall equally share the cost of the engineering and accounting consultants.
(f) (i) The engineering consultant shall allocate the district assets between the district
and the receiving entity as provided in this Subsection (5)(f).
(ii) The engineering consultant shall allocate:
(A) to the district those assets reasonably needed by the district to provide to the area
of the district remaining after withdrawal the kind, level, and quality of service that was
provided before withdrawal; and
(B) to the receiving entity those assets reasonably needed by the receiving entity to
provide to the withdrawn area the kind and quality of service that was provided before
withdrawal.
(iii) If the engineering consultant determines that both the [
local
] 
special
 district and
the receiving entity reasonably need a district asset to provide to their respective areas the kind
and quality of service provided before withdrawal, the engineering consultant shall:
(A) allocate the asset between the [
local
] 
special
 district and the receiving entity
according to their relative needs, if the asset is reasonably susceptible of division; or
(B) allocate the asset to the [
local
] 
special
 district, if the asset is not reasonably
susceptible of division.
(g) All district assets remaining after application of Subsection (5)(f) shall be allocated
to the [
local
] 
special
 district.
(h) (i) The accounting consultant shall determine the withdrawn area's proportionate
share of any redemption premium and the principal of and interest on:
(A) the [
local
] 
special
 district's revenue bonds that were outstanding at the time the
petition was filed;
(B) the [
local
] 
special
 district's general obligation bonds that were outstanding at the
time the petition was filed; and
(C) the [
local
] 
special
 district's general obligation bonds that:
(I) were outstanding at the time the petition was filed; and
(II) are treated as revenue bonds under Subsection (5)(i); and
(D) the district's bonds that were issued prior to the date the petition was filed to refund
the district's revenue bonds, general obligation bonds, or general obligation bonds treated as
revenue bonds.
(ii) For purposes of Subsection (5)(h)(i), the withdrawn area's proportionate share of
redemption premium, principal, and interest shall be the amount that bears the same
relationship to the total redemption premium, principal, and interest for the entire district that
the average annual gross revenues from the withdrawn area during the three most recent
complete fiscal years before the filing of the petition bears to the average annual gross revenues
from the entire district for the same period.
(i) For purposes of Subsection (5)(h)(i), a district general obligation bond shall be
treated as a revenue bond if:
(i) the bond is outstanding on the date the petition was filed; and
(ii) the principal of and interest on the bond, as of the date the petition was filed, had
been paid entirely from [
local
] 
special
 district revenues and not from a levy of ad valorem tax.
(j) (i) Before the board of trustees of the [
local
] 
special
 district files a resolution
approving a withdrawal, the receiving entity, or in cases where there is no receiving entity, the
sponsors of the petition shall irrevocably deposit government obligations, as defined in
Subsection 
11-27-2
(6), into an escrow trust fund the principal of and interest on which are
sufficient to provide for the timely payment of the amount determined by the accounting
consultant under Subsection (5)(h) or in an amount mutually agreeable to the board of trustees
of the [
local
] 
special
 district and the receiving entity, or in cases where there is no receiving
entity, the board and the sponsors of the petition. Notwithstanding Subsection 
17B-1-512
(1),
the board of trustees may not be required to file a resolution approving a withdrawal until the
requirements for establishing and funding an escrow trust fund in this Subsection (5)(j)(i) have
been met; provided that, if the escrow trust fund has not been established and funded within
180 days after the board of trustees passes a resolution approving a withdrawal, the resolution
approving the withdrawal shall be void.
(ii) Concurrently with the creation of the escrow, the receiving entity, or in cases where
there is no receiving entity, the sponsors of the petition shall provide to the board of trustees of
the [
local
] 
special
 district:
(A) a written opinion of an attorney experienced in the tax-exempt status of municipal
bonds stating that the establishment and use of the escrow to pay the proportionate share of the
district's outstanding revenue bonds and general obligation bonds that are treated as revenue
bonds will not adversely affect the tax-exempt status of the bonds; and
(B) a written opinion of an independent certified public accountant verifying that the
principal of and interest on the deposited government obligations are sufficient to provide for
the payment of the withdrawn area's proportionate share of the bonds as provided in Subsection
(5)(h).
(iii) The receiving entity, or in cases where there is no receiving entity, the sponsors of
the petition shall bear all expenses of the escrow and the redemption of the bonds.
(iv) The receiving entity may issue bonds under Title 11, Chapter 14, Local
Government Bonding Act, and Title 11, Chapter 27, Utah Refunding Bond Act, to fund the
escrow.
(6) A requirement imposed by the board of trustees as a condition to withdrawal under
Subsection (5) shall, in addition to being expressed in the resolution, be reduced to a duly
authorized and executed written agreement between the parties to the withdrawal.
(7) An area that is the subject of a withdrawal petition under Section 
17B-1-504
 that
results in a board of trustees resolution denying the proposed withdrawal may not be the
subject of another withdrawal petition under Section 
17B-1-504
 for two years after the date of
the board of trustees resolution denying the withdrawal.
Section 92. Section 
17B-1-511
 is amended to read:
17B-1-511.
Continuation of tax levy after withdrawal to pay for proportionate
share of district bonds.
(1) Other than as provided in Subsection (2), and unless an escrow trust fund is
established and funded pursuant to Subsection 
17B-1-510
(5)(j), property within the withdrawn
area shall continue after withdrawal to be taxable by the [
local
] 
special
 district:
(a) for the purpose of paying the withdrawn area's just proportion of the [
local
] 
special
district's general obligation bonds or lease obligations payable from property taxes with respect
to lease revenue bonds issued by a local building authority on behalf of the [
local
] 
special
district, other than those bonds treated as revenue bonds under Subsection 
17B-1-510
(5)(i),
until the bonded indebtedness has been satisfied; and
(b) to the extent and for the years necessary to generate sufficient revenue that, when
combined with the revenues from the district remaining after withdrawal, is sufficient to
provide for the payment of principal and interest on the district's general obligation bonds that
are treated as revenue bonds under Subsection 
17B-1-510
(5)(i).
(2) For a [
local
] 
special
 district funded predominately by revenues other than property
taxes, service charges, or assessments based upon an allotment of acre-feet of water, property
within the withdrawn area shall continue to be taxable by the [
local
] 
special
 district for
purposes of paying the withdrawn area's proportionate share of bonded indebtedness or
judgments against the [
local
] 
special
 district incurred prior to the date the petition was filed.
(3) Except as provided in Subsections (1) and (2), upon withdrawal, the withdrawing
area is relieved of all other taxes, assessments, and charges levied by the district, including
taxes and charges for the payment of revenue bonds and maintenance and operation cost of the
[
local
] 
special
 district.
Section 93. Section 
17B-1-512
 is amended to read:
17B-1-512.
Filing of notice and plat -- Recording requirements -- Contest period
-- Judicial review.
(1) (a) Within the time specified in Subsection (1)(b), the board of trustees shall 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
.
(b) The board of trustees shall file the documents listed in Subsection (1)(a):
(i) within 10 days after adopting a resolution approving a withdrawal under Section
17B-1-510
;
(ii) on or before January 31 of the year following the board of trustees' receipt of a
notice or copy described in Subsection (1)(c), if the board of trustees receives the notice or
copy between July 1 and December 31; or
(iii) on or before the July 31 following the board of trustees' receipt of a notice or copy
described in Subsection (1)(c), if the board of trustees receives the notice or copy between
January 1 and June 30.
(c) The board of trustees shall comply with the requirements described in Subsection
(1)(b)(ii) or (iii) after:
(i) receiving:
(A) a notice under Subsection 
10-2-425
(2) of an automatic withdrawal under
Subsection 
17B-1-502
(2);
(B) a copy of the municipal legislative body's resolution approving an automatic
withdrawal under Subsection 
17B-1-502
(3)(a); or
(C) notice of a withdrawal of a municipality from a [
local
] 
special
 district under
Section 
17B-1-502
; or
(ii) entering into an agreement with a municipality under Subsection
17B-1-505
(5)(a)(ii)(A) or (5)(b).
(d) Upon the lieutenant governor's issuance of a certificate of withdrawal under Section
67-1a-6.5
, the board shall:
(i) if the withdrawn 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 withdrawal; and
(III) approved final local entity plat; and
(B) if applicable, a certified copy of the resolution or notice referred to in Subsection
(1)(b); or
(ii) if the withdrawn area is located within the boundaries of more than a single county,
submit:
(A) the original of the documents listed in Subsections (1)(d)(i)(A)(I), (II), and (III)
and, if applicable, a certified copy of the resolution or notice referred to in Subsection (1)(b) to
one of those counties; and
(B) a certified copy of the documents listed in Subsections (1)(d)(i)(A)(I), (II), and (III)
and a certified copy of the resolution or notice referred to in Subsection (1)(b) to each other
county.
(2) (a) Upon the lieutenant governor's issuance of the certificate of withdrawal under
Section 
67-1a-6.5
 for a withdrawal under Section 
17B-1-510
, for an automatic withdrawal
under Subsection 
17B-1-502
(3), or for the withdrawal of a municipality from a [
local
] 
special
district under Section 
17B-1-505
, the withdrawal shall be effective, subject to the conditions of
the withdrawal resolution, if applicable.
(b) An automatic withdrawal under Subsection 
17B-1-502
(3) shall be effective upon
the lieutenant governor's issuance of a certificate of withdrawal under Section 
67-1a-6.5
.
(3) (a) The [
local
] 
special
 district may provide for the publication of any resolution
approving or denying the withdrawal of an area:
(i) in a newspaper of general circulation in the area proposed for withdrawal; and
(ii) as required in Section 
45-1-101
.
(b) In lieu of publishing the entire resolution, the [
local
] 
special
 district may publish a
notice of withdrawal or denial of withdrawal, containing:
(i) the name of the [
local
] 
special
 district;
(ii) a description of the area proposed for withdrawal;
(iii) a brief explanation of the grounds on which the board of trustees determined to
approve or deny the withdrawal; and
(iv) the times and place where a copy of the resolution may be examined, which shall
be at the place of business of the [
local
] 
special
 district, identified in the notice, during regular
business hours of the [
local
] 
special
 district as described in the notice and for a period of at
least 30 days after the publication of the notice.
(4) Any sponsor of the petition or receiving entity may contest the board's decision to
deny a withdrawal of an area from the [
local
] 
special
 district by submitting a request, within 60
days after the resolution is adopted under Section 
17B-1-510
, to the board of trustees,
suggesting terms or conditions to mitigate or eliminate the conditions upon which the board of
trustees based its decision to deny the withdrawal.
(5) Within 60 days after the request under Subsection (4) is submitted to the board of
trustees, the board may consider the suggestions for mitigation and adopt a resolution
approving or denying the request in the same manner as provided in Section 
17B-1-510
 with
respect to the original resolution denying the withdrawal and file a notice of the action as
provided in Subsection (1).
(6) (a) Any person in interest may seek judicial review of:
(i) the board of trustees' decision to withdraw an area from the [
local
] 
special
 district;
(ii) the terms and conditions of a withdrawal; or
(iii) the board's decision to deny a withdrawal.
(b) Judicial review under this Subsection (6) shall be initiated by filing an action in the
district court in the county in which a majority of the area proposed to be withdrawn is located:
(i) if the resolution approving or denying the withdrawal is published under Subsection
(3), within 60 days after the publication or after the board of trustees' denial of the request
under Subsection (5);
(ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
the resolution approving or denying the withdrawal is adopted; or
(iii) if a request is submitted to the board of trustees of a [
local
] 
special
 district under
Subsection (4), and the board adopts a resolution under Subsection (5), within 60 days after the
board adopts a resolution under Subsection (5) unless the resolution is published under
Subsection (3), in which event the action shall be filed within 60 days after the publication.
(c) A court in which an action is filed under this Subsection (6) may not overturn, in
whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
(i) the court finds the board of trustees' decision to be arbitrary or capricious; or
(ii) the court finds that the board materially failed to follow the procedures set forth in
this part.
(d) A court may award costs and expenses of an action under this section, including
reasonable attorney fees, to the prevailing party.
(7) After the applicable contest period under Subsection (4) or (6), no person may
contest the board of trustees' approval or denial of withdrawal for any cause.
Section 94. Section 
17B-1-513
 is amended to read:
17B-1-513.
Termination of terms of trustees representing withdrawn areas.
(1) Except as provided in Subsection (4), on the effective date of withdrawal of an area
from a [
local
] 
special
 district, any trustee residing in the withdrawn area shall cease to be a
member of the board of trustees of the [
local
] 
special
 district.
(2) Except as provided in Subsection (4), if the [
local
] 
special
 district has been divided
into divisions for the purpose of electing or appointing trustees and the area withdrawn from a
district constitutes all or substantially all of the area in a division of the [
local
] 
special
 district
that is represented by a member of the board of trustees, on the effective date of the
withdrawal, the trustee representing the division shall cease to be a member of the board of
trustees of the [
local
] 
special
 district.
(3) In the event of a vacancy on the board of trustees as a result of an area being
withdrawn from the [
local
] 
special
 district:
(a) the board of trustees shall reduce the number of trustees of the [
local
] 
special
district as provided by law; or
(b) the trustee vacancy shall be filled as provided by law.
(4) Subsections (1) and (2) apply only to a trustee who is required by law to be a
resident of the [
local
] 
special
 district or of a particular division within the [
local
] 
special
district.
Section 95. Section 
17B-1-601
 is amended to read:
Part 6. Fiscal Procedures for Special Districts
17B-1-601.
Definitions.
As used in this part:
(1) "Appropriation" means an allocation of money by the board of trustees for a
specific purpose.
(2) "Budget" means a plan of financial operations for a fiscal year which embodies
estimates of proposed expenditures for given purposes and the proposed means of financing
them, and may refer to the budget of a particular fund for which a budget is required by law or
it may refer collectively to the budgets for all such funds.
(3) "Budget officer" means the person appointed by the [
local
] 
special
 district board of
trustees to prepare the budget for the district.
(4) "Budget year" means the fiscal year for which a budget is prepared.
(5) "Calendar year entity" means a [
local
] 
special
 district whose fiscal year begins
January 1 and ends December 31 of each calendar year as described in Section 
17B-1-602
.
(6) "Current year" means the fiscal year in which a budget is prepared and adopted,
which is the fiscal year next preceding the budget year.
(7) "Deficit" has the meaning given under generally accepted accounting principles as
reflected in the Uniform Accounting Manual for [
Local
] 
Special
 Districts.
(8) "Estimated revenue" means the amount of revenue estimated to be received from all
sources during the budget year in each fund for which a budget is being prepared.
(9) "Financial officer" means the official under Section 
17B-1-642
.
(10) "Fiscal year" means the annual period for accounting for fiscal operations in each
district.
(11) "Fiscal year entity" means a [
local
] 
special
 district whose fiscal year begins July 1
of each year and ends on June 30 of the following year as described in Section 
17B-1-602
.
(12) "Fund" has the meaning given under generally accepted accounting principles as
reflected in the Uniform Accounting Manual for [
Local
] 
Special
 Districts.
(13) "Fund balance" has the meaning given under generally accepted accounting
principles as reflected in the Uniform Accounting Manual for [
Local
] 
Special
 Districts.
(14) "General fund" is as defined by the Governmental Accounting Standards Board as
reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office
of the Utah State Auditor.
(15) "Governmental funds" means the general fund, special revenue fund, debt service
fund, and capital projects fund of a [
local
] 
special
 district.
(16) "Interfund loan" means a loan of cash from one fund to another, subject to future
repayment.
(17) "Last completed fiscal year" means the fiscal year next preceding the current fiscal
year.
[
(18) "Local district general fund" means the general fund used by a local district.
]
[
(19)
] 
(18)
 "Proprietary funds" means enterprise funds and the internal service funds of
a [
local
] 
special
 district.
[
(20)
] 
(19)
 "Public funds" means any money or payment collected or received by an
officer or employee of a [
local
] 
special
 district acting in an official capacity and includes
money or payment to the officer or employee for services or goods provided by the district, or
the officer or employee while acting within the scope of employment or duty.
[
(21)
] 
(20)
 "Retained earnings" has the meaning given under generally accepted
accounting principles as reflected in the Uniform Accounting Manual for [
Local
] 
Special
Districts.
(21) "Special district general fund" means the general fund used by a special district.
(22) "Special fund" means any [
local
] 
special
 district fund other than the [
local
] 
special
district's general fund.
Section 96. Section 
17B-1-602
 is amended to read:
17B-1-602.
Fiscal year.
The fiscal year of each [
local
] 
special
 district shall be, as determined by the board of
trustees:
(1) the calendar year; or
(2) the period from July 1 to the following June 30.
Section 97. Section 
17B-1-603
 is amended to read:
17B-1-603.
Uniform accounting system.
The accounting records of each [
local
] 
special
 district shall be established and
maintained, and financial statements prepared from those records, in conformance with
generally accepted accounting principles promulgated from time to time by authoritative bodies
in the United States. 
Section 98. Section 
17B-1-604
 is amended to read:
17B-1-604.
Funds and account groups maintained.
Each district shall maintain, according to its own accounting needs, some or all of the
funds and account groups in its system of accounts, as prescribed in the Uniform Accounting
Manual for [
Local
] 
Special
 Districts.
Section 99. Section 
17B-1-605
 is amended to read:
17B-1-605.
Budget required for certain funds -- Capital projects fund.
(1) The budget officer of each [
local
] 
special
 district shall prepare for each budget year
a budget for each of the following funds:
(a) the General Fund;
(b) special revenue funds;
(c) debt service funds;
(d) capital projects funds;
(e) proprietary funds, in accordance with Section 
17B-1-629
;
(f) if the [
local
] 
special
 district has a local fund, as defined in Section 
53-2a-602
, the
local fund; and
(g) any other fund or funds for which a budget is required by the uniform system of
budgeting, accounting, and reporting.
(2) (a) Major capital improvements financed by general obligation bonds, capital
grants, or interfund transfers shall use a capital projects fund budget unless the improvements
financed are to be used for proprietary type activities.
(b) The [
local
] 
special
 district shall prepare a separate budget for the term of the
projects as well as the annual budget required under Subsection (1).
Section 100. Section 
17B-1-606
 is amended to read:
17B-1-606.
Total of revenues to equal expenditures.
(1) The budget for each fund under Section 
17B-1-605
 shall provide a financial plan
for the budget year.
(2) Each budget shall specify in tabular form:
(a) estimates of all anticipated revenues, classified by the account titles prescribed in
the Uniform Accounting Manual for [
Local
] 
Special
 Districts; and
(b) all appropriations for expenditures, classified by the account titles prescribed in the
Uniform Accounting Manual for [
Local
] 
Special
 Districts.
(3) The total of the anticipated revenues shall equal the total of appropriated
expenditures.
Section 101. Section 
17B-1-607
 is amended to read:
17B-1-607.
Tentative budget to be prepared -- Review by governing body.
(1) On or before the first regularly scheduled meeting of the board of trustees in
November for a calendar year entity and May for a fiscal year entity, the budget officer of each
[
local
] 
special
 district shall prepare for the ensuing year, in a format prescribed by the state
auditor, and file with the board of trustees a tentative budget for each fund for which a budget
is required.
(2) (a) Each tentative budget under Subsection (1) shall provide in tabular form:
(i) actual revenues and expenditures for the last completed fiscal year;
(ii) estimated total revenues and expenditures for the current fiscal year; and
(iii) the budget officer's estimates of revenues and expenditures for the budget year.
(b) The budget officer shall estimate the amount of revenue available to serve the needs
of each fund, estimate the portion to be derived from all sources other than general property
taxes, and estimate the portion that shall be derived from general property taxes.
(3) The tentative budget, when filed by the budget officer with the board of trustees,
shall contain the estimates of expenditures together with specific work programs and any other
supporting data required by this part or requested by the board.
(4) The board of trustees shall review, consider, and tentatively adopt the tentative
budget in any regular meeting or special meeting called for that purpose and may amend or
revise the tentative budget in any manner that the board considers advisable prior to public
hearings, but no appropriation required for debt retirement and interest or reduction of any
existing deficits under Section 
17B-1-613
, or otherwise required by law, may be reduced below
the minimums so required.
(5) When a new district is created, the board of trustees shall:
(a) prepare a budget covering the period from the date of incorporation to the end of
the fiscal year;
(b) substantially comply with all other provisions of this part with respect to notices
and hearings; and
(c) pass the budget as soon after incorporation as feasible.
Section 102. Section 
17B-1-608
 is amended to read:
17B-1-608.
Tentative budget and data -- Public records.
(1) The tentative budget adopted by the board of trustees and all supporting schedules
and data are public records.
(2) At least seven days before adopting a final budget in a public meeting, the [
local
]
special
 district shall:
(a) make the tentative budget available for public inspection at the [
local
] 
special
district's principal place of business during regular business hours;
(b) if the [
local
] 
special
 district has a website, publish the tentative budget on the
[
local
] 
special
 district's website; and
(c) in accordance with Section 
63A-16-601
, do one of the following:
(i) publish the tentative budget on the Utah Public Notice Website; or
(ii) publish on the Utah Public Notice Website a link to a website on which the
tentative budget is published.
Section 103. 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) 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 
63A-16-601
.
(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
] 
special
 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
] 
special
district; and
(b) posting the notice in three public places within the district.
Section 104. Section 
17B-1-612
 is amended to read:
17B-1-612.
Accumulated fund balances -- Limitations -- Excess balances --
Unanticipated excess of revenues -- Reserves for capital projects.
(1) (a) A [
local
] 
special
 district may accumulate retained earnings or fund balances, as
appropriate, in any fund.
(b) For the general fund only, a [
local
] 
special
 district may only use an accumulated
fund balance to:
(i) provide working capital to finance expenditures from the beginning of the budget
year until general property taxes or other applicable revenues are collected, subject to
Subsection (1)(c);
(ii) provide a resource to meet emergency expenditures under Section 
17B-1-623
; and
(iii) cover a pending year-end excess of expenditures over revenues from an
unavoidable shortfall in revenues, subject to Subsection (1)(d).
(c) Subsection (1)(b)(i) does not authorize a [
local
] 
special
 district to appropriate a
fund balance for budgeting purposes, except as provided in Subsection (4).
(d) Subsection (1)(b)(iii) does not authorize a [
local
] 
special
 district to appropriate a
fund balance to avoid an operating deficit during a budget year except:
(i) as provided under Subsection (4); or
(ii) for emergency purposes under Section 
17B-1-623
.
(2) (a) Except as provided in Subsection (2)(b), the accumulation of a fund balance in
the general fund may not exceed the most recently adopted general fund budget, plus 100% of
the current year's property tax.
(b) Notwithstanding Subsection (2)(a), a [
local
] 
special
 district may accumulate in the
general fund mineral lease revenue that the [
local
] 
special
 district receives from the United
States under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 181 et seq., through a distribution
under:
(i) Title 35A, Chapter 8, Part 3, Community Impact Fund Act; or
(ii) Title 59, Chapter 21, Mineral Lease Funds.
(3) If the fund balance at the close of any fiscal year exceeds the amount permitted
under Subsection (2), the district shall appropriate the excess in accordance with Section
17B-1-613
.
(4) A [
local
] 
special
 district may utilize any fund balance in excess of 5% of the total
revenues of the general fund for budget purposes.
(5) (a) Within a capital projects fund, the board of trustees may, in any budget year,
appropriate from estimated revenue or fund balance to a reserve for capital projects for the
purpose of financing future specific capital projects, including new construction, capital
repairs, replacement, and maintenance, under a formal long-range capital plan that the board of
trustees adopts.
(b) A [
local
] 
special
 district may allow a reserve amount under Subsection (5)(a) to
accumulate from year to year until the accumulated total is sufficient to permit economical
expenditure for the specified purposes.
(c) A [
local
] 
special
 district may disburse from a reserve account under Subsection
(5)(a) only by a budget appropriation that the [
local
] 
special
 district adopts in accordance with
this part.
(d) A [
local
] 
special
 district shall ensure that the expenditures from the appropriation
budget accounts described in this Subsection (5) conform to all requirements of this part
relating to execution and control of budgets.
Section 105. Section 
17B-1-613
 is amended to read:
17B-1-613.
Appropriations not to exceed estimated expendable revenue --
Appropriations for existing deficits.
(1) The board of trustees of a [
local
] 
special
 district may not make any appropriation in
the final budget of any fund in excess of the estimated expendable revenue for the budget year
of the fund.
(2) If there is a deficit fund balance in a fund at the close of the last completed fiscal
year, the board of trustees of a [
local
] 
special
 district shall include an item of appropriation for
the deficit in the current budget of the fund equal to:
(a) at least 5% of the total revenue of the fund in the last completed fiscal year; or
(b) if the deficit is equal to less than 5% of the total revenue of the fund in the last
completed fiscal year, the entire amount of the deficit.
(3) The provisions of this section do not require a [
local
] 
special
 district to add revenue
to a fund that is used for debt service of a limited obligation, unless the revenue is pledged
toward the limited obligation.
Section 106. Section 
17B-1-614
 is amended to read:
17B-1-614.
Adoption of final budget -- Certification and filing.
(1) The board of trustees of each [
local
] 
special
 district shall by resolution adopt a
budget for the ensuing fiscal year for each fund for which a budget is required under this part
prior to the beginning of the fiscal year, except as provided in Sections 
59-2-919
 through
59-2-923
.
(2) The [
local
] 
special
 district's budget officer shall certify a copy of the final budget
for each fund and file it with the state auditor within 30 days after adoption.
Section 107. Section 
17B-1-615
 is amended to read:
17B-1-615.
Budgets in effect for budget year.
(1) Upon final adoption, each budget shall be in effect for the budget year, subject to
amendment as provided in this part.
(2) A certified copy of the adopted budgets shall be filed in the 
special
 district office
and shall be available to the public during regular business hours.
Section 108. Section 
17B-1-617
 is amended to read:
17B-1-617.
Fund expenditures -- Budget officer's duties.
(1) The budget officer of each [
local
] 
special
 district shall require all expenditures
within each fund to conform with the fund budget.
(2) No appropriation may be encumbered and no expenditure may be made against any
fund appropriation unless there is sufficient unencumbered balance in the fund's appropriation,
except in cases of emergency as provided in Section 
17B-1-623
.
Section 109. Section 
17B-1-618
 is amended to read:
17B-1-618.
Purchasing procedures.
All purchases or encumbrances by a [
local
] 
special
 district shall be made or incurred
according to the purchasing procedures established for each district by the district's rulemaking
authority, as that term is defined in Section 
63G-6a-103
, and only on an order or approval of
the person or persons duly authorized.
Section 110. Section 
17B-1-619
 is amended to read:
17B-1-619.
Expenditures or encumbrances in excess of appropriations prohibited
-- Processing claims.
(1) A [
local
] 
special
 district may not make or incur expenditures or encumbrances in
excess of total appropriations in the budget as adopted or as subsequently amended.
(2) An obligation contracted by any officer in excess of total appropriations in the
budget is not enforceable against the district.
(3) No check or warrant to cover a claim against an appropriation may be drawn until
the claim has been processed as provided by this part.
Section 111. Section 
17B-1-620
 is amended to read:
17B-1-620.
Transfer of appropriation balance between accounts in same fund.
(1) The board of trustees of each [
local
] 
special
 district shall establish policies for the
transfer of any unencumbered or unexpended appropriation balance or portion of the balance
from one account in a fund to another account within the same fund, subject to Subsection (2).
(2) An appropriation for debt retirement and interest, reduction of deficit, or other
appropriation required by law or covenant may not be reduced below the minimums required.
Section 112. Section 
17B-1-621
 is amended to read:
17B-1-621.
Review of individual governmental fund budgets -- Hearing.
(1) The board of trustees of a [
local
] 
special
 district may, at any time during the budget
year, review the individual budgets of the governmental funds for the purpose of determining if
the total of any of them should be increased.
(2) If the board of trustees decides that the budget total of one or more of these funds
should be increased, it shall follow the procedures established in Sections 
17B-1-609
 and
17B-1-610
 for holding a public hearing.
Section 113. Section 
17B-1-623
 is amended to read:
17B-1-623.
Emergency expenditures.
The board of trustees of a [
local
] 
special
 district may, by resolution, amend a budget
and authorize an expenditure of money that results in a deficit in the district's general fund
balance if:
(1) the board determines that:
(a) an emergency exists; and
(b) the expenditure is reasonably necessary to meet the emergency; and
(2) the expenditure is used to meet the emergency.
Section 114. Section 
17B-1-626
 is amended to read:
17B-1-626.
Loans by one fund to another.
(1) Subject to this section, restrictions imposed by bond covenants, restrictions in
Section 
53-2a-605
, or other controlling regulations, the board of trustees of a [
local
] 
special
district may authorize an interfund loan from one fund to another.
(2) An interfund loan under Subsection (1) shall be in writing and specify the terms
and conditions of the loan, including the:
(a) effective date of the loan;
(b) name of the fund loaning the money;
(c) name of the fund receiving the money;
(d) amount of the loan;
(e) subject to Subsection (3), term of and repayment schedule for the loan;
(f) subject to Subsection (4), interest rate of the loan;
(g) method of calculating interest applicable to the loan;
(h) procedures for:
(i) applying interest to the loan; and
(ii) paying interest on the loan; and
(i) other terms and conditions the board of trustees determines applicable.
(3) The term and repayment schedule specified under Subsection (2)(e) may not exceed
10 years.
(4) (a) In determining the interest rate of the loan specified under Subsection (2)(f), the
board of trustees shall apply an interest rate that reflects the rate of potential gain had the funds
been deposited or invested in a comparable investment.
(b) Notwithstanding Subsection (4)(a), the interest rate of the loan specified under
Subsection (2)(f):
(i) if the term of the loan under Subsection (2)(e) is one year or less, may not be less
than the rate offered by the Public Treasurers' Investment Fund that was created for public
funds transferred to the state treasurer in accordance with Section 
51-7-5
; or
(ii) if the term of the loan under Subsection (2)(e) is more than one year, may not be
less than the greater of the rate offered by:
(A) the Public Treasurers' Investment Fund that was created for public funds
transferred to the state treasurer in accordance with Section 
51-7-5
; or
(B) a United States Treasury note of a comparable term.
(5) (a) For an interfund loan under Subsection (1), the board of trustees shall:
(i) hold a public hearing;
(ii) prepare a written notice of the date, time, place, and purpose of the hearing, and the
proposed terms and conditions of the interfund loan under Subsection (2);
(iii) provide notice of the public hearing in the same manner as required under Section
17B-1-609
 as if the hearing were a budget hearing; and
(iv) authorize the interfund loan by resolution in a public meeting.
(b) The notice and hearing requirements in Subsection (5)(a) are satisfied if the
interfund loan is included in an original budget or in a subsequent budget amendment
previously approved by the board of trustees for the current fiscal year.
(6) Subsections (2) through (5) do not apply to an interfund loan if the interfund loan
is:
(a) a loan from the [
local
] 
special
 district general fund to any other fund of the [
local
]
special
 district; or
(b) a short-term advance from the [
local
] 
special
 district's cash and investment pool to
individual funds that are repaid by the end of the fiscal year.
Section 115. Section 
17B-1-627
 is amended to read:
17B-1-627.
Property tax levy -- Time for setting -- Computation of total levy --
Apportionment of proceeds -- Maximum levy.
(1) The board of trustees of each [
local
] 
special
 district authorized to levy a property
tax, at a regular meeting or special meeting called for that purpose, shall, by resolution, set the
real and personal property tax rate for various district purposes by the date set under Section
59-2-912
, but the rate may be set at an appropriate later date in accordance with Sections
59-2-919
 through 
59-2-923
.
(2) In its computation of the total levy, the board of trustees shall determine the
requirements of each fund for which property taxes are to be levied and shall specify in its
resolution adopting the tax rate the amount apportioned to each fund.
(3) The proceeds of the levy apportioned for general fund purposes shall be credited as
revenue in the general fund.
(4) The proceeds of the levy apportioned for special fund purposes shall be credited to
the appropriate accounts in the applicable special funds.
(5) The combined levies for each district for all purposes in any year, excluding the
retirement of general obligation bonds and the payment of any interest on the bonds, and any
taxes expressly authorized by law to be levied in addition, may not exceed the limit enumerated
by the laws governing each district.
Section 116. Section 
17B-1-629
 is amended to read:
17B-1-629.
Operating and capital budgets.
(1) (a) As used in this section, "operating and capital budget" means a plan of financial
operation for a proprietary or other required special fund, embodying estimates of operating
resources and expenses and other outlays for a fiscal year.
(b) Except as otherwise expressly provided, the reference to "budget" or "budgets" and
the procedures and controls relating to them in other sections of this part do not apply or refer
to the "operating and capital budgets" provided for in this section.
(2) On or before the time the board of trustees adopts budgets for the governmental
funds under Section 
17B-1-605
, it shall adopt for the ensuing year an operating and capital
budget for each proprietary fund and shall adopt the type of budget for other special funds
which is required by the Uniform Accounting Manual for [
Local
] 
Special
 Districts.
(3) Operating and capital budgets shall be adopted and administered in the following
manner:
(a) (i) On or before the first regularly scheduled meeting of the board of trustees, in
November for calendar year entities and May for fiscal year entities, the budget officer shall
prepare for the ensuing fiscal year, and file with the board of trustees, a tentative operating and
capital budget for each proprietary fund and for other required special funds, together with
specific work programs and any other supporting data required by the board.
(ii) If, within any proprietary fund, allocations or transfers that are not reasonable
allocations of costs between funds are included in a tentative budget, a written notice of the
date, time, place, and purpose of the hearing shall be mailed to utility fund customers at least
seven days before the hearing.
(iii) The purpose portion of the notice required under Subsection (3)(a)(ii) shall
identify:
(A) the enterprise utility fund from which money is being transferred;
(B) the amount being transferred; and
(C) the fund to which the money is being transferred.
(b) (i) The board of trustees shall review and consider the tentative budgets at any
regular meeting or special meeting called for that purpose.
(ii) The board of trustees may make any changes in the tentative budgets that it
considers advisable.
(c) Budgets for proprietary or other required special funds shall comply with the public
hearing requirements established in Sections 
17B-1-609
 and 
17B-1-610
.
(d) (i) The board of trustees shall adopt an operating and capital budget for each
proprietary fund for the ensuing fiscal year before the beginning of each fiscal year, except as
provided in Sections 
59-2-919
 through 
59-2-923
.
(ii) A copy of the budget as finally adopted for each proprietary fund shall be certified
by the budget officer and filed by the officer in the district office and shall be available to the
public during regular business hours.
(iii) A copy of the budget shall also be filed with the state auditor within 30 days after
adoption.
(e) (i) Upon final adoption, the operating and capital budget is in effect for the budget
year, subject to later amendment.
(ii) During the budget year, the board of trustees may, in any regular meeting or special
meeting called for that purpose, review any one or more of the operating and capital budgets
for the purpose of determining if the total of any of them should be increased.
(iii) If the board of trustees decides that the budget total of one or more of these
proprietary funds should be increased, the board shall follow the procedures established in
Section 
17B-1-630
.
(f) Expenditures from operating and capital budgets shall conform to the requirements
relating to budgets specified in Sections 
17B-1-617
 through 
17B-1-620
.
Section 117. Section 
17B-1-631
 is amended to read:
17B-1-631.
District clerk -- Meetings and records.
(1) The board of trustees of each [
local
] 
special
 district shall appoint a district clerk.
(2) If required, the clerk may be chosen from among the members of the board of
trustees, except the chair.
(3) The district clerk or other appointed person shall attend the meetings and keep a
record of the proceedings of the board of trustees.
Section 118. Section 
17B-1-632
 is amended to read:
17B-1-632.
District clerk -- Bookkeeping duties.
The district clerk or other designated person not performing treasurer duties shall
maintain the financial records for each fund of the [
local
] 
special
 district and all related
subsidiary records, including a list of the outstanding bonds, their purpose, amount, terms, date,
and place payable.
Section 119. Section 
17B-1-633
 is amended to read:
17B-1-633.
District treasurer -- Duties generally.
(1) (a) The board of trustees of each [
local
] 
special
 district shall appoint a district
treasurer.
(b) (i) If required, the treasurer may be chosen from among the members of the board
of trustees, except that the board chair may not be district treasurer.
(ii) The district clerk may not also be the district treasurer.
(2) The district treasurer is custodian of all money, bonds, or other securities of the
district.
(3) The district treasurer shall:
(a) determine the cash requirements of the district and provide for the deposit and
investment of all money by following the procedures and requirements of Title 51, Chapter 7,
State Money Management Act;
(b) receive all public funds and money payable to the district within three business days
after collection, including all taxes, licenses, fines, and intergovernmental revenue;
(c) keep an accurate detailed account of all money received under Subsection (3)(b) in
the manner provided in this part and as directed by the district's board of trustees by resolution;
and
(d) collect all special taxes and assessments as provided by law and ordinance.
Section 120. Section 
17B-1-635
 is amended to read:
17B-1-635.
Duties with respect to issuance of checks.
(1) The district clerk or other designated person not performing treasurer duties shall
prepare the necessary checks after having determined that:
(a) the claim was authorized by:
(i) the board of trustees; or
(ii) the [
local
] 
special
 district financial officer, if the financial officer is not the clerk, in
accordance with Section 
17B-1-642
;
(b) the claim does not overexpend the appropriate departmental budget established by
the board of trustees; and
(c) the expenditure was approved in advance by the board of trustees or its designee.
(2) (a) (i) The treasurer or any other person appointed by the board of trustees shall
sign all checks.
(ii) The person maintaining the financial records may not sign any single signature
check.
(b) In a [
local
] 
special
 district with an expenditure budget of less than $50,000 per
year, a member of the board of trustees shall also sign all checks.
(c) Before affixing a signature, the treasurer or other designated person shall determine
that a sufficient amount is on deposit in the appropriate bank account of the district to honor
the check.
Section 121. Section 
17B-1-639
 is amended to read:
17B-1-639.
Annual financial reports -- Audit reports.
(1) Within 180 days after the close of each fiscal year, the district shall prepare an
annual financial report in conformity with generally accepted accounting principles as
prescribed in the Uniform Accounting Manual for [
Local
] 
Special
 Districts.
(2) The requirement under Subsection (1) to prepare an annual financial report may be
satisfied by presentation of the audit report furnished by the auditor.
(3) Copies of the annual financial report or the audit report furnished by the auditor
shall be filed with the state auditor and shall be filed as a public document in the district office.
Section 122. Section 
17B-1-640
 is amended to read:
17B-1-640.
Audits required.
(1) An audit of each [
local
] 
special
 district is required to be performed in conformity
with Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
Organizations, and Other Local Entities Act.
(2) The board of trustees shall appoint an auditor for the purpose of complying with the
requirements of this section and with Title 51, Chapter 2a, Accounting Reports from Political
Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Section 123. Section 
17B-1-641
 is amended to read:
17B-1-641.
Special district may expand uniform procedures -- Limitation.
(1) Subject to Subsection (2), a [
local
] 
special
 district may expand the uniform
accounting, budgeting, and reporting procedure prescribed in the Uniform Accounting Manual
for [
Local
] 
Special
 Districts prepared by the state auditor under Subsection 
67-3-1
(16), to
better serve the needs of the district.
(2) A [
local
] 
special
 district may not deviate from or alter the basic prescribed
classification systems for the identity of funds and accounts set forth in the Uniform
Accounting Manual for [
Local
] 
Special
 Districts.
Section 124. Section 
17B-1-642
 is amended to read:
17B-1-642.
Approval of district expenditures.
(1) The board of trustees of each [
local
] 
special
 district shall approve all expenditures
of the district except as otherwise provided in this section.
(2) The board of trustees may authorize the district manager or other official approved
by the board to act as the financial officer for the purpose of approving:
(a) payroll checks, if the checks are prepared in accordance with a schedule approved
by the board; and
(b) routine expenditures, such as utility bills, payroll-related expenses, supplies, and
materials.
(3) Notwithstanding Subsection (2), the board of trustees shall, at least quarterly,
review all expenditures authorized by the financial officer.
(4) The board of trustees shall set a maximum sum over which all purchases may not
be made without the board's approval.
Section 125. Section 
17B-1-643
 is amended to read:
17B-1-643.
Imposing or increasing a fee for service provided by special district.
(1) (a) Before imposing a new fee or increasing an existing fee for a service provided
by a [
local
] 
special
 district, each [
local
] 
special
 district board of trustees shall first hold a public
hearing at which:
(i) the [
local
] 
special
 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
] 
special
 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
] 
special
 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 [
local
] 
special
 district board shall:
(i) post the notice required under Subsection (2)(a) on the Utah Public Notice Website,
created in Section 
63A-16-601
; and
(ii) post at least one of the notices required under Subsection (2)(a) per 1,000
population within the [
local
] 
special
 district, at places within the [
local
] 
special
 district that are
most likely to provide actual notice to residents within the [
local
] 
special
 district, subject to a
maximum of 10 notices.
(c) The notice described in Subsection (2)(b) shall state that the [
local
] 
special
 district
board intends to impose or increase a fee for a service provided by the [
local
] 
special
 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
] 
special
 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).
(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 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
] 
special
 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 126. Section 
17B-1-644
 is amended to read:
17B-1-644.
Definitions -- Electronic payments -- Fee.
(1) As used in this section:
(a) "Electronic payment" means the payment of money to a [
local
] 
special
 district by
electronic means, including by means of a credit card, charge card, debit card, prepaid or stored
value card or similar device, or automatic clearinghouse transaction.
(b) "Electronic payment fee" means an amount of money to defray the discount fee,
processing fee, or other fee charged by a credit card company or processing agent to process an
electronic payment.
(c) "Processing agent" means a bank, transaction clearinghouse, or other third party
that charges a fee to process an electronic payment.
(2) A [
local
] 
special
 district may accept an electronic payment for the payment of funds
which the [
local
] 
special
 district could have received through another payment method.
(3) A [
local
] 
special
 district that accepts an electronic payment may charge an
electronic payment fee.
Section 127. Section 
17B-1-645
 is amended to read:
17B-1-645.
Residential fee credit.
(1) A [
local
] 
special
 district may create a fee structure under this title that permits:
(a) a home owner or residential tenant to file for a fee credit for a fee charged by the
[
local
] 
special
 district, if the credit is based on:
(i) the home owner's annual income; or
(ii) the residential tenant's annual income; or
(b) an owner of federally subsidized housing to file for a credit for a fee charged by the
[
local
] 
special
 district.
(2) If a [
local
] 
special
 district permits a person to file for a fee credit under Subsection
(1)(a), the [
local
] 
special
 district shall make the credit available to:
(a) a home owner; and
(b) a residential tenant.
Section 128. Section 
17B-1-701
 is amended to read:
Part 7. Special District Budgets and Audit Reports
17B-1-701.
Definitions.
As used in this part:
(1) "Audit reports" means the reports of any independent audit of the district performed
by:
(a) an independent auditor as required by Title 51, Chapter 2a, Accounting Reports
from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
(b) the state auditor; or
(c) the legislative auditor.
(2) "Board" means the [
local
] 
special
 district board of trustees.
(3) "Budget" means a plan of financial operations for a fiscal year that includes:
(a) estimates of proposed expenditures for given purposes and the proposed means of
financing them;
(b) the source and amount of estimated revenue for the district for the fiscal year;
(c) fund balance in each fund at the beginning of the fiscal year and the projected fund
balance for each fund at the end of the fiscal year; and
(d) capital projects or budgets for proposed construction or improvement to capital
facilities within the district.
(4) "Constituent entity" means any county, city, or town that levies property taxes
within the boundaries of the district.
(5) (a) "Customer agencies" means those governmental entities, except school districts,
institutions of higher education, and federal government agencies that purchase or obtain
services from the [
local
] 
special
 district.
(b) "Customer agencies" for purposes of state agencies means the state auditor.
Section 129. Section 
17B-1-702
 is amended to read:
17B-1-702.
Special districts to submit budgets.
(1) (a) Except as provided in Subsection (1)(b), within 30 days after it is approved by
the board, and at least 30 days before the board adopts a final budget, the board of each [
local
]
special
 district with an annual budget of $50,000 or more shall send a copy of its tentative
budget and notice of the time and place for its budget hearing to:
(i) each of its constituent entities that has in writing requested a copy; and
(ii) to each of its customer agencies that has in writing requested a copy.
(b) Within 30 days after it is approved by the board, and at least 30 days before the
board adopts a final budget, the board of trustees of a large public transit district as defined in
Section 
17B-2a-802
 shall send a copy of its tentative budget and notice of the time and place
for its budget hearing to:
(i) each of its constituent entities;
(ii) each of its customer agencies that has in writing requested a copy;
(iii) the governor; and
(iv) the Legislature.
(c) The [
local
] 
special
 district shall include with the tentative budget a signature sheet
that includes:
(i) language that the constituent entity or customer agency received the tentative budget
and has no objection to it; and
(ii) a place for the chairperson or other designee of the constituent entity or customer
agency to sign.
(2) Each constituent entity and each customer agency that receives the tentative budget
shall review the tentative budget submitted by the district and either:
(a) sign the signature sheet and return it to the district; or
(b) attend the budget hearing or other meeting scheduled by the district to discuss the
objections to the proposed budget.
(3) (a) If any constituent entity or customer agency that received the tentative budget
has not returned the signature sheet to the [
local
] 
special
 district within 15 calendar days after
the tentative budget was mailed, the [
local
] 
special
 district shall send a written notice of the
budget hearing to each constituent entity or customer agency that did not return a signature
sheet and invite them to attend that hearing.
(b) If requested to do so by any constituent entity or customer agency, the [
local
]
special
 district shall schedule a meeting to discuss the budget with the constituent entities and
customer agencies.
(c) At the budget hearing, the [
local
] 
special
 district board shall:
(i) explain its budget and answer any questions about it;
(ii) specifically address any questions or objections raised by the constituent entity,
customer agency, or those attending the meeting; and
(iii) seek to resolve the objections.
(4) Nothing in this part prevents a [
local
] 
special
 district board from approving or
implementing a budget over any or all constituent entity's or customer agency's protests,
objections, or failure to respond.
Section 130. Section 
17B-1-703
 is amended to read:
17B-1-703.
Special districts to submit audit reports.
(1) (a) Except as provided in Subsection (1)(b), within 30 days after it is presented to
the board, the board of each [
local
] 
special
 district with an annual budget of $50,000 or more
shall send a copy of any audit report to:
(i) each of its constituent entities that has in writing requested a copy; and
(ii) each of its customer agencies that has in writing requested a copy.
(b) Within 30 days after it is presented to the board, the board of a large public transit
district as defined in Section 
17B-2a-802
 shall send a copy of its annual audit report to:
(i) each of its constituent entities; and
(ii) each of its customer agencies that has in writing requested a copy.
(2) Each constituent entity and each customer agency that received the audit report
shall review the audit report submitted by the district and, if necessary, request a meeting with
the district board to discuss the audit report.
(3) At the meeting, the [
local
] 
special
 district board shall:
(a) answer any questions about the audit report; and
(b) discuss their plans to implement suggestions made by the auditor.
Section 131. Section 
17B-1-801
 is amended to read:
Part 8. Special District Personnel Management
17B-1-801.
Establishment of special district merit system.
(1) A merit system of personnel administration for the [
local
] 
special
 districts of the
state, their departments, offices, and agencies, except as otherwise specifically provided, is
established.
(2) This part does not apply to a [
local
] 
special
 district with annual revenues less than
$50,000.
Section 132. Section 
17B-1-802
 is amended to read:
17B-1-802.
Review of personnel policies.
Each [
local
] 
special
 district that has full or part-time employees shall annually review
its personnel policies to ensure that they conform to the requirements of state and federal law.
Section 133. Section 
17B-1-803
 is amended to read:
17B-1-803.
Merit principles.
A [
local
] 
special
 district may establish a personnel system administered in a manner
that will provide for the effective implementation of merit principles that provide for:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial
appointment;
(2) providing equitable and adequate compensation;
(3) training employees as needed to assure high-quality performance;
(4) retaining employees on the basis of the adequacy of their performance, and
separation of employees whose inadequate performance cannot be corrected;
(5) fair treatment of applicants and employees in all aspects of personnel
administration without regard to race, color, religion, sex, national origin, political affiliation,
age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
(6) providing information to employees regarding their political rights and prohibited
practices under the Hatch Political Activities Act, 5 U.S.C. Sec. 1501 through 1508 et seq.; and
(7) providing a formal procedure for processing the appeals and grievances of
employees without discrimination, coercion, restraint, or reprisal.
Section 134. Section 
17B-1-804
 is amended to read:
17B-1-804.
Compliance with Labor Code requirements.
Each [
local
] 
special
 district shall comply with the requirements of Section 
34-32-1.1
.
Section 135. Section 
17B-1-805
 is amended to read:
17B-1-805.
Human resource management requirement.
(1) As used in this section:
(a) "Governing body" means the same as that term is defined in Section 
17B-1-201
.
(b) "Human resource management duties" means the exercise of human resource
management functions and responsibilities, including:
(i) complying with federal and state employment law;
(ii) administering compensation and benefits; and
(iii) ensuring employee safety.
(c) "Human resource management training" means a program designed to instruct an
individual on the performance of human resource management duties.
(2) If a [
local
] 
special
 district has full or part-time employees, the governing body
shall:
(a) adopt human resource management policies;
(b) assign human resource management duties to one of the district's employees or
another person; and
(c) ensure that the employee or person assigned under Subsection (2)(b) receives
human resource management training.
Section 136. Section 
17B-1-901
 is amended to read:
17B-1-901.
Providing and billing for multiple commodities, services, or facilities
-- Suspending service to a delinquent customer.
(1) If a [
local
] 
special
 district provides more than one commodity, service, or facility,
the district may bill for the fees and charges for all commodities, services, and facilities in a
single bill.
(2) Regardless of the number of commodities, services, or facilities furnished by a
[
local
] 
special
 district, the [
local
] 
special
 district may suspend furnishing any commodity,
service, or facility to a customer if the customer fails to pay all fees and charges when due.
(3) (a) Notwithstanding Subsection (2) and except as provided in Subsection (3)(b), a
[
local
] 
special
 district may not suspend furnishing any commodity, service, or facility to a
customer if discontinuance of the service is requested by a private third party, including an
individual, a private business, or a nonprofit organization, that is not the customer.
(b) (i) An owner of land or the owner's agent may request that service be temporarily
discontinued for maintenance-related activities.
(ii) An owner of land or the owner's agent may not request temporary discontinuance of
service under Subsection (3)(b)(i) if the request is for the purpose of debt collection, eviction,
or any other unlawful purpose.
Section 137. Section 
17B-1-902
 is amended to read:
17B-1-902.
Lien for past due service fees -- Notice -- Partial payment allocation.
(1) (a) A [
local
] 
special
 district may hold a lien on a customer's property for past due
fees for commodities, services, or facilities that the district has provided to the customer's
property by certifying, subject to Subsection (3), to the treasurer of the county in which the
customer's property is located the amount of past due fees, including, subject to Section
17B-1-902.1
, applicable interest and administrative costs.
(b) (i) Upon certification under Subsection (1)(a), the past due fees, and if applicable,
interest and administrative costs, become a political subdivision lien that is a nonrecurring tax
notice charge, as those terms are defined in Section 
11-60-102
, on the customer's property to
which the commodities, services, or facilities were provided in accordance with Title 11,
Chapter 60, Political Subdivision Lien Authority.
(ii) A lien described in this Subsection (1) has the same priority as, but is separate and
distinct from, a property tax lien.
(2) (a) If a [
local
] 
special
 district certifies past due fees under Subsection (1)(a), the
treasurer of the county shall provide a notice, in accordance with this Subsection (2), to the
owner of the property for which the [
local
] 
special
 district has incurred the past due fees.
(b) In providing the notice required in Subsection (2)(a), the treasurer of the county
shall:
(i) include the amount of past due fees that a [
local
] 
special
 district has certified on or
before July 15 of the current year;
(ii) provide contact information, including a phone number, for the property owner to
contact the [
local
] 
special
 district to obtain more information regarding the amount described in
Subsection (2)(b)(i); and
(iii) notify the property owner that:
(A) if the amount described in Subsection (2)(b)(i) is not paid in full by September 15
of the current year, any unpaid amount will be included on the property tax notice required by
Section 
59-2-1317
; and
(B) the failure to pay the amount described in Subsection (2)(b)(i) has resulted in a lien
on the property in accordance with Subsection (1)(b).
(c) The treasurer of the county shall provide the notice required by this Subsection (2)
to a property owner on or before August 1.
(3) (a) If a [
local
] 
special
 district certifies an unpaid amount in accordance with
Subsection (1)(a), the county treasurer shall include the unpaid amount on a property tax notice
issued in accordance with Section 
59-2-1317
.
(b) If an unpaid fee, administrative cost, or interest is included on a property tax notice
in accordance with Subsection (3)(a), the county treasurer shall on the property tax notice:
(i) clearly state that the unpaid fee, administrative cost, or interest is for a service
provided by the [
local
] 
special
 district; and
(ii) itemize the unpaid fee, administrative cost, or interest separate from any other tax,
fee, interest, or penalty that is included on the property tax notice in accordance with Section
59-2-1317
.
(4) A lien under Subsection (1) is not valid if the [
local
] 
special
 district makes
certification under Subsection (1)(a) after the filing for record of a document conveying title of
the customer's property to a new owner.
(5) Nothing in this section may be construed to:
(a) waive or release the customer's obligation to pay fees that the district has imposed;
(b) preclude the certification of a lien under Subsection (1) with respect to past due
fees for commodities, services, or facilities provided after the date that title to the property is
transferred to a new owner; or
(c) nullify or terminate a valid lien.
(6) After all amounts owing under a lien established as provided in this section have
been paid, the [
local
] 
special
 district shall file for record in the county recorder's office a
release of the lien.
Section 138. Section 
17B-1-902.1
 is amended to read:
17B-1-902.1.
Interest -- Collection of administrative costs.
(1) (a) A [
local
] 
special
 district may charge interest on a past due fee or past due
charge.
(b) If a [
local
] 
special
 district charges interest as described in Subsection (1)(b), the
[
local
] 
special
 district shall calculate the interest rate for a calendar year:
(i) based on the federal short-term rate determined by the secretary of the treasury
under Section 6621, Internal Revenue Code, in effect for the preceding fourth calendar quarter;
and
(ii) as simple interest at the rate of eighteen percentage points above the federal
short-term rate.
(c) If a [
local
] 
special
 district charges interest on a past due fee collected by the [
local
]
special
 district, regardless of whether the fee is certified, the [
local
] 
special
 district may charge
the interest monthly but may not compound the interest more frequently than annually.
(2) (a) A [
local
] 
special
 district may charge and collect only one of the following:
(i) a one-time penalty charge not to exceed 8% for a past-due fee; or
(ii) an administrative cost for some or all of the following:
(A) the collection cost of a past due fee or charge;
(B) reasonable attorney fees actually incurred for collection and foreclosure costs, if
applicable; and
(C) any other cost.
(b) A [
local
] 
special
 district may not charge interest on an administrative cost.
Section 139. Section 
17B-1-903
 is amended to read:
17B-1-903.
Authority to require written application for water or sewer service
and to terminate for failure to pay -- Limitations.
(1) A [
local
] 
special
 district that owns or controls a system for furnishing water or
providing sewer service or both may:
(a) before furnishing water or providing sewer service to a property, require the
property owner or an authorized agent to submit a written application, signed by the owner or
an authorized agent, agreeing to pay for all water furnished or sewer service provided to the
property, whether occupied by the owner or by a tenant or other occupant, according to the
rules and regulations adopted by the [
local
] 
special
 district; and
(b) if a customer fails to pay for water furnished or sewer service provided to the
customer's property, discontinue furnishing water or providing sewer service to the property
until all amounts for water furnished or sewer service provided are paid, subject to Subsection
(2).
(2) Unless a valid lien has been established as provided in Section 
17B-1-902
, has not
been satisfied, and has not been terminated by a sale as provided in Section 
17B-1-902
, a
[
local
] 
special
 district may not:
(a) use a customer's failure to pay for water furnished or sewer service provided to the
customer's property as a basis for not furnishing water or providing sewer service to the
property after ownership of the property is transferred to a subsequent owner; or
(b) require an owner to pay for water that was furnished or sewer service that was
provided to the property before the owner's ownership.
Section 140. Section 
17B-1-904
 is amended to read:
17B-1-904.
Collection of service fees.
(1) As used in this section:
(a) "Collection costs" means an amount, not to exceed $20, to reimburse a [
local
]
special
 district for expenses associated with its efforts to collect past due service fees from a
customer.
(b) "Customer" means the owner of real property to which a [
local
] 
special
 district has
provided a service for which the [
local
] 
special
 district charges a service fee.
(c) "Damages" means an amount equal to the greater of:
(i) $100; and
(ii) triple the past due service fees.
(d) "Default date" means the date on which payment for service fees becomes past due.
(e) "Past due service fees" means service fees that on or after the default date have not
been paid.
(f) "Prelitigation damages" means an amount that is equal to the greater of:
(i) $50; and
(ii) triple the past due service fees.
(g) "Service fee" means an amount charged by a [
local
] 
special
 district to a customer
for a service, including furnishing water, providing sewer service, and providing garbage
collection service, that the district provides to the customer's property.
(2) A customer is liable to a [
local
] 
special
 district for past due service fees and
collection costs if:
(a) the customer has not paid service fees before the default date;
(b) the [
local
] 
special
 district mails the customer notice as provided in Subsection (4);
and
(c) the past due service fees remain unpaid 15 days after the [
local
] 
special
 district has
mailed notice.
(3) If a customer has not paid the [
local
] 
special
 district the past due service fees and
collection costs within 30 days after the [
local
] 
special
 district mails notice, the [
local
] 
special
district may make an offer to the customer that the [
local
] 
special
 district will forego filing a
civil action under Subsection (5) if the customer pays the [
local
] 
special
 district an amount that:
(a) consists of the past due service fees, collection costs, prelitigation damages, and, if
the [
local
] 
special
 district retains an attorney to recover the past due service fees, a reasonable
attorney fee not to exceed $50; and
(b) if the customer's property is residential, may not exceed $100.
(4) (a) Each notice under Subsection (2)(b) shall:
(i) be in writing;
(ii) be mailed to the customer by the United States mail, postage prepaid;
(iii) notify the customer that:
(A) if the past due service fees are not paid within 15 days after the day on which the
[
local
] 
special
 district mailed notice, the customer is liable for the past due service fees and
collection costs; and
(B) the [
local
] 
special
 district may file civil action if the customer does not pay to the
[
local
] 
special
 district the past due service fees and collection costs within 30 calendar days
from the day on which the [
local
] 
special
 district mailed notice; and
(iv) be in substantially the following form:
Date:_____________________________________
To: ______________________________________
Service address: ____________________________
Account or invoice number(s): _________________
Date(s) of service: ___________________________
Amount past due: ____________________________
You are hereby notified that water or sewer service fees (or both) owed by you are in
default. In accordance with Section 
17B-1-902
, Utah Code Annotated, if you do not pay the
past due amount within 15 days from the day on which this notice was mailed to you, you are
liable for the past due amount together with collection costs of $20.
You are further notified that if you do not pay the past due amount and the $20
collection costs within 30 calendar days from the day on which this notice was mailed to you,
an appropriate civil legal action may be filed against you for the past due amount, interest,
court costs, attorney fees, and damages in an amount equal to the greater of $100 or triple the
past due amounts, but the combined total of all these amounts may not exceed $200 if your
property is residential.
(Signed) _______________________________________
Name of [
local
] 
special
 district _____________________________
Address of [
local
] 
special
 district ___________________________
Telephone number of [
local
] 
special
 district ___________________
(b) Written notice under this section is conclusively presumed to have been given if the
notice is:
(i) properly deposited in the United States mail, postage prepaid, by certified or
registered mail, return receipt requested; and
(ii) addressed to the customer at the customer's:
(A) address as it appears in the records of the [
local
] 
special
 district; or
(B) last-known address.
(5) (a) A [
local
] 
special
 district may file a civil action against the customer if the
customer fails to pay the past due service fees and collection costs within 30 calendar days
from the date on which the [
local
] 
special
 district mailed notice under Subsection (2)(b).
(b) (i) In a civil action under this Subsection (5), a customer is liable to the [
local
]
special
 district for an amount that:
(A) consists of past due service fees, collection costs, interest, court costs, a reasonable
attorney fee, and damages; and
(B) if the customer's property is residential, may not exceed $200.
(ii) Notwithstanding Subsection (5)(b)(i), a court may, upon a finding of good cause,
waive interest, court costs, the attorney fee, and damages, or any combination of them.
(c) If a [
local
] 
special
 district files a civil action under this Subsection (5) before 31
calendar days after the day on which the [
local
] 
special
 district mailed notice under Subsection
(2)(b), a customer may not be held liable for an amount in excess of past due service fees.
(d) A [
local
] 
special
 district may not file a civil action under this Subsection (5) unless
the customer has failed to pay the past due service fees and collection costs within 30 days
from the day on which the [
local
] 
special
 district mailed notice under Subsection (2)(b).
(6) (a) All amounts charged or collected as prelitigation damages or as damages shall
be paid to and be the property of the [
local
] 
special
 district that furnished water or provided
sewer service and may not be retained by a person who is not that [
local
] 
special
 district.
(b) A [
local
] 
special
 district may not contract for a person to retain any amounts
charged or collected as prelitigation damages or as damages.
(7) This section may not be construed to limit a [
local
] 
special
 district from obtaining
relief to which it may be entitled under other applicable statute or cause of action.
Section 141. Section 
17B-1-905
 is amended to read:
17B-1-905.
Right of entry on premises of water user.
A person authorized by a [
local
] 
special
 district that provides a service from a water
system or sewer system may enter upon a premise furnished with or provided that water service
or sewer service to:
(1) examine an apparatus related to or used by the water system or sewer system;
(2) examine the amount of water used or wastewater discharged by the water system or
sewer system and the manner of use or discharge; or
(3) make a necessary shutoff for vacancy, delinquency, or a violation of a [
local
]
special
 district rule or regulation relating to the water service or sewer service.
Section 142. Section 
17B-1-906
 is amended to read:
17B-1-906.
Extraterritorial supply of surplus.
If a [
local
] 
special
 district runs a surplus product or surplus capacity of a service that the
[
local
] 
special
 district is authorized to provide under Section 
17B-1-202
, the [
local
] 
special
district may sell or deliver the product or service to others beyond the [
local
] 
special
 district
boundaries.
Section 143. Section 
17B-1-1001
 is amended to read:
Part 10. Special District Property Tax Levy
17B-1-1001.
Provisions applicable to property tax levy.
(1) Each [
local
] 
special
 district that levies and collects property taxes shall levy and
collect them according to the provisions of Title 59, Chapter 2, Property Tax Act.
(2) As used in this section:
(a) "Appointed board of trustees" means a board of trustees of a [
local
] 
special
 district
that includes a member who is appointed to the board of trustees in accordance with Section
17B-1-304
, Subsection 
17B-1-303
(5), Subsection 
17B-1-306
(5)(h), or any of the applicable
provisions in [
Title 17B, Chapter 2a, Provisions Applicable to Different Types of Local
Districts
] 
Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special Districts
.
(b) "Elected board of trustees" means a board of trustees of a [
local
] 
special
 district that
consists entirely of members who are elected to the board of trustees in accordance with
Subsection (4), Section 
17B-1-306
, or any of the applicable provisions in [
Title 17B, Chapter
2a, Provisions Applicable to Different Types of Local Districts
] 
Title 17B, Chapter 2a,
Provisions Applicable to Different Types of Special Districts
.
(3) (a) For a taxable year beginning on or after January 1, 2018, a [
local
] 
special
 district
may not levy or collect property tax revenue that exceeds the certified tax rate unless:
(i) to the extent that the revenue from the property tax was pledged before January 1,
2018, the [
local
] 
special
 district pledges the property tax revenue to pay for bonds or other
obligations of the [
local
] 
special
 district; or
(ii) the proposed tax or increase in the property tax rate has been approved by:
(A) an elected board of trustees;
(B) subject to Subsection (3)(b), an appointed board of trustees;
(C) a majority of the registered voters within the [
local
] 
special
 district who vote in an
election held for that purpose on a date specified in Section 
20A-1-204
;
(D) the legislative body of the appointing authority; or
(E) the legislative body of:
(I) a majority of the municipalities partially or completely included within the
boundary of the specified [
local
] 
special
 district; or
(II) the county in which the specified [
local
] 
special
 district is located, if the county has
some or all of its unincorporated area included within the boundary of the specified [
local
]
special
 district.
(b) For a [
local
] 
special
 district with an appointed board of trustees, each appointed
member of the board of trustees shall comply with the trustee reporting requirements described
in Section 
17B-1-1003
 before the [
local
] 
special
 district may impose a property tax levy that
exceeds the certified tax rate.
(4) (a) Notwithstanding provisions to the contrary in [
Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Local Districts
] 
Title 17B, Chapter 2a, Provisions Applicable
to Different Types of Special Districts
, and subject to Subsection (4)(b), members of the board
of trustees of a [
local
] 
special
 district shall be elected, if:
(i) two-thirds of all members of the board of trustees of the [
local
] 
special
 district vote
in favor of changing to an elected board of trustees; and
(ii) the legislative body of each municipality or county that appoints a member to the
board of trustees adopts a resolution approving the change to an elected board of trustees.
(b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
the term of any member of the board of trustees serving at the time of the change.
(5) Subsections (2), (3), and (4) do not apply to:
(a) Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
(b) Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; or
(c) a [
local
] 
special
 district in which:
(i) the board of trustees consists solely of:
(A) land owners or the land owners' agents; or
(B) as described in Subsection 
17B-1-302
(3), land owners or the land owners' agents or
officers; and
(ii) there are no residents within the [
local
] 
special
 district at the time a property tax is
levied.
Section 144. Section 
17B-1-1002
 is amended to read:
17B-1-1002.
Limit on special district property tax levy -- Exclusions.
(1) The rate at which a [
local
] 
special
 district levies a property tax for district operation
and maintenance expenses on the taxable value of taxable property within the district may not
exceed:
(a) .0008, for a basic [
local
] 
special
 district;
(b) .0004, for a cemetery maintenance district;
(c) .0004, for a drainage district;
(d) .0008, for a fire protection district;
(e) .0008, for an improvement district;
(f) .0005, for a metropolitan water district;
(g) .0004, for a mosquito abatement district;
(h) .0004, for a public transit district;
(i) (i) .0023, for a service area that:
(A) is located in a county of the first or second class; and
(B) (I) provides fire protection, paramedic, and emergency services; or
(II) subject to Subsection (3), provides law enforcement services; or
(ii) .0014, for each other service area;
(j) the rates provided in Section 
17B-2a-1006
, for a water conservancy district; or
(k) .0008 for a municipal services district.
(2) Property taxes levied by a [
local
] 
special
 district are excluded from the limit
applicable to that district under Subsection (1) if the taxes are:
(a) levied under Section 
17B-1-1103
 by a [
local
] 
special
 district, other than a water
conservancy district, to pay principal of and interest on general obligation bonds issued by the
district;
(b) levied to pay debt and interest owed to the United States; or
(c) levied to pay assessments or other amounts due to a water users association or other
public cooperative or private entity from which the district procures water.
(3) A service area described in Subsection (1)(i)(i)(B)(II) may not collect a tax
described in Subsection (1)(i)(i) if a municipality or a county having a right to appoint a
member to the board of trustees of the service area under Subsection 
17B-2a-905
(2) assesses
on or after November 30 in the year in which the tax is first collected and each subsequent year
that the tax is collected:
(a) a generally assessed fee imposed under Section 
17B-1-643
 for law enforcement
services; or
(b) any other generally assessed fee for law enforcement services.
Section 145. Section 
17B-1-1003
 is amended to read:
17B-1-1003.
Trustee reporting requirement.
(1) As used in this section:
(a) "Appointed board of trustees" means a board of trustees of a [
local
] 
special
 district
that includes a member who is appointed to the board of trustees in accordance with Section
17B-1-304
, Subsection 
17B-1-303
(5), Subsection 
17B-1-306
(5)(h), or any of the applicable
provisions in [
Title 17B, Chapter 2a, Provisions Applicable to Different Types of Local
Districts
] 
Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special Districts
.
(b) "Legislative entity" means:
(i) the member's appointing authority, if the appointing authority is a legislative body;
or
(ii) the member's nominating entity, if the appointing authority is not a legislative body.
(c) (i) "Member" means an individual who is appointed to a board of trustees for a
[
local
] 
special
 district in accordance with Section 
17B-1-304
, Subsection 
17B-1-303
(5),
Subsection 
17B-1-306
(5)(h), or any of the applicable provisions in [
Title 17B, Chapter 2a,
Provisions Applicable to Different Types of Local Districts
] 
Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Special Districts
.
(ii) "Member" includes a member of the board of trustees who holds an elected
position with a municipality, county, or another [
local
] 
special
 district that is partially or
completely included within the boundaries of the [
local
] 
special
 district.
(d) "Nominating entity" means the legislative body that submits nominees for
appointment to the board of trustees to an appointing authority.
(e) "Property tax increase" means a property tax levy that exceeds the certified tax rate
for the taxable year.
(2) (a) If a [
local
] 
special
 district board of trustees adopts a tentative budget that
includes a property tax increase, each member shall report to the member's legislative entity on
the property tax increase.
(b) (i) The [
local
] 
special
 district shall request that each of the legislative entities that
appoint or nominate a member to the [
local
] 
special
 district's board of trustees hear the report
required by Subsection (2)(a) at a public meeting of each legislative entity.
(ii) The request to make a report may be made by:
(A) the member appointed or nominated by the legislative entity; or
(B) another member of the board of trustees.
(c) The member appointed or nominated by the legislative entity shall make the report
required by Subsection (2)(a) at a public meeting that:
(i) complies with Title 52, Chapter 4, Open and Public Meetings Act;
(ii) includes the report as a separate agenda item; and
(iii) is held within 40 days after the day on which the legislative entity receives a
request to hear the report.
(d) (i) If the legislative entity does not have a scheduled meeting within 40 days after
the day on which the legislative entity receives a request to hear the report required by
Subsection (2)(a), the legislative entity shall schedule a meeting for that purpose.
(ii) If the legislative entity fails to hear the report at a public meeting that meets the
criteria described in Subsection (2)(c), the trustee reporting requirements under this section
shall be considered satisfied.
(3) (a) A report on a property tax increase at a legislative entity's public meeting shall
include:
(i) a statement that the [
local
] 
special
 district intends to levy a property tax at a rate that
exceeds the certified tax rate for the taxable year;
(ii) the dollar amount of and purpose for additional ad valorem tax revenue that would
be generated by the proposed increase in the certified tax rate;
(iii) the approximate percentage increase in ad valorem tax revenue for the [
local
]
special
 district based on the proposed property tax increase; and
(iv) any other information requested by the legislative entity.
(b) The legislative entity shall allow time during the meeting for comment from the
legislative entity and members of the public on the property tax increase.
(4) (a) If more than one member is appointed to the board of trustees by the same
legislative entity, a majority of the members appointed or nominated by the legislative entity
shall be present to provide the report required by Subsection (2) and described in Subsection
(3).
(b) The chair of the board of trustees shall appoint another member of the board of
trustees to provide the report described in Subsection (3) to the legislative entity if:
(i) the member appointed or nominated by the legislative entity is unable or unwilling
to provide the report at a public meeting that meets the requirements of Subsection (3)(a); and
(ii) the absence of the member appointed or nominated by the legislative entity results
in:
(A) no member who was appointed or nominated by the legislative entity being present
to provide the report; or
(B) an inability to comply with Subsection (4)(a).
(5) A [
local
] 
special
 district board of trustees may approve a property tax increase only
after the conditions of this section have been satisfied or considered satisfied for each member
of the board of trustees.
Section 146. Section 
17B-1-1101
 is amended to read:
Part 11. Special District Bonds
17B-1-1101.
Provisions applicable to a special district's issuance of bonds.
Subject to the provisions of this part:
(1) each [
local
] 
special
 district that issues bonds shall:
(a) issue them as provided in, as applicable:
(i) Title 11, Chapter 14, Local Government Bonding Act; or
(ii) Title 11, Chapter 42, Assessment Area Act; and
(b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act; and
(2) each [
local
] 
special
 district that issues refunding bonds shall issue them as provided
in Title 11, Chapter 27, Utah Refunding Bond Act.
Section 147. Section 
17B-1-1102
 is amended to read:
17B-1-1102.
General obligation bonds.
(1) Except as provided in Subsections (3) and (7), if a district intends to issue general
obligation bonds, the district shall first obtain the approval of district voters for issuance of the
bonds at an election held for that purpose as provided in Title 11, Chapter 14, Local
Government Bonding Act.
(2) General obligation bonds shall be secured by a pledge of the full faith and credit of
the district, subject to, for a water conservancy district, the property tax levy limits of Section
17B-2a-1006
.
(3) A district may issue refunding general obligation bonds, as provided in Title 11,
Chapter 27, Utah Refunding Bond Act, without obtaining voter approval.
(4) (a) A [
local
] 
special
 district may not issue general obligation bonds if the issuance
of the bonds will cause the outstanding principal amount of all of the district's general
obligation bonds to exceed the amount that results from multiplying the fair market value of
the taxable property within the district, as determined under Subsection 
11-14-301
(3)(b), by a
number that is:
(i) .05, for a basic [
local
] 
special
 district, except as provided in Subsection (7);
(ii) .004, for a cemetery maintenance district;
(iii) .002, for a drainage district;
(iv) .004, for a fire protection district;
(v) .024, for an improvement district;
(vi) .1, for an irrigation district;
(vii) .1, for a metropolitan water district;
(viii) .0004, for a mosquito abatement district;
(ix) .03, for a public transit district;
(x) .12, for a service area; or
(xi) .05 for a municipal services district.
(b) Bonds or other obligations of a [
local
] 
special
 district that are not general obligation
bonds are not included in the limit stated in Subsection (4)(a).
(5) A district may not be considered to be a municipal corporation for purposes of the
debt limitation of the Utah Constitution, Article XIV, Section 4.
(6) Bonds issued by an administrative or legal entity created under Title 11, Chapter
13, Interlocal Cooperation Act, may not be considered to be bonds of a [
local
] 
special
 district
that participates in the agreement creating the administrative or legal entity.
(7) (a) As used in this Subsection (7), "property owner district" means a [
local
] 
special
district whose board members are elected by property owners, as provided in Subsection
17B-1-1402
(1)(b).
(b) A property owner district may issue a general obligation bond with the consent of:
(i) the owners of all property within the district; and
(ii) all registered voters, if any, within the boundary of the district.
(c) A property owner district may use proceeds from a bond issued under this
Subsection (7) to fund:
(i) the acquisition and construction of a system or improvement authorized in the
district's creation resolution; and
(ii) a connection outside the boundary of the district between systems or improvements
within the boundary of the district.
(d) The consent under Subsection (7)(b) is sufficient for any requirement necessary for
the issuance of a general obligation bond.
(e) A general obligation bond issued under this Subsection (7):
(i) shall mature no later than 40 years after the date of issuance; and
(ii) is not subject to the limit under Subsection (4)(a)(i).
(f) (i) A property owner district may not issue a general obligation bond under this
Subsection (7) if the issuance will cause the outstanding principal amount of all the district's
general obligation bonds to exceed one-half of the market value of all real property within the
district.
(ii) Market value under Subsection (7)(f)(i) shall:
(A) be based on the value that the real property will have after all improvements
financed by the general obligation bonds are constructed; and
(B) be determined by appraisal by an appraiser who is a member of the Appraisal
Institute.
(g) With respect to a general obligation bond issued under this Subsection (7), the
board of a property owner district may, by resolution, delegate to one or more officers of the
district, the authority to:
(i) approve the final interest rate, price, principal amount, maturity, redemption
features, and other terms of the bond;
(ii) approve and execute a document relating to the issuance of the bond; and
(iii) approve a contract related to the acquisition and construction of an improvement,
facility, or property to be financed with proceeds from the bond.
(h) (i) A person may commence a lawsuit or other proceeding to contest the legality of
the issuance of a general obligation bond issued under this Subsection (7) or any provision
relating to the security or payment of the bond if the lawsuit or other proceeding is commenced
within 30 days after the publication of:
(A) the resolution authorizing the issuance of the general obligation bond; or
(B) a notice of the bond issuance containing substantially the items required under
Subsection 
11-14-316
(2).
(ii) Following the period described in Subsection (7)(h)(i), no person may bring a
lawsuit or other proceeding to contest for any reason the regularity, formality, or legality of a
general obligation bond issued under this Subsection (7).
(i) (i) A property owner district that charges and collects an impact fee or other fee on
real property at the time the real property is sold may proportionally pay down a general
obligation bond issued under this Subsection (7) from the money collected from the impact fee
or other fee.
(ii) A property owner district that proportionally pays down a general obligation bond
under Subsection (7)(i)(i) shall reduce the property tax rate on the parcel of real property on
which the district charged and collected an impact fee or other charge, to reflect the amount of
outstanding principal of a general obligation bond issued under this Subsection (7) that was
paid down and is attributable to that parcel.
(j) If a property owner fails to pay a property tax that the property owner district
imposes in connection with a general obligation bond issued under this Subsection (7), the
district may impose a property tax penalty at an annual rate of .07, in addition to any other
penalty allowed by law.
Section 148. Section 
17B-1-1103
 is amended to read:
17B-1-1103.
Levy to pay for general obligation bonds.
(1) (a) If a district has issued general obligation bonds, or expects to have debt service
payments due on general obligation bonds during the current year, the district's board of
trustees may make an annual levy of ad valorem property taxes in order to:
(i) pay the principal of and interest on the general obligation bonds;
(ii) establish a sinking fund for defaults and future debt service on the general
obligation bonds; and
(iii) establish a reserve to secure payment of the general obligation bonds.
(b) A levy under Subsection (1)(a) is:
(i) for a water conservancy district, subject to the limit stated in Section 
17B-2a-1006
;
and
(ii) for each other [
local
] 
special
 district, without limitation as to rate or amount.
(2) (a) Each district that levies a tax under Subsection (1) shall:
(i) levy the tax as a separate and special levy for the specific purposes stated in
Subsection (1); and
(ii) apply the proceeds from the levy solely for the purpose of paying the principal of
and interest on the general obligation bonds, even though the proceeds may be used to establish
or replenish a sinking fund under Subsection (1)(a)(ii) or a reserve under Subsection (1)(a)(iii).
(b) A levy under Subsection (2)(a) is not subject to a priority in favor of a district
obligation in existence at the time the bonds were issued.
Section 149. Section 
17B-1-1104
 is amended to read:
17B-1-1104.
Pledge of revenues to pay for bonds.
Bonds may be payable from and secured by the pledge of all or any specified part of:
(1) the revenues to be derived by the 
special
 district from providing its services and
from the operation of its facilities and other properties;
(2) sales and use taxes, property taxes, and other taxes;
(3) federal, state, or local grants;
(4) in the case of special assessment bonds, the special assessments pledged to repay
the special assessment bonds; and
(5) other money legally available to the district.
Section 150. Section 
17B-1-1105
 is amended to read:
17B-1-1105.
Revenue bonds -- Requirement to impose rates and charges to cover
revenue bonds -- Authority to make agreements and covenants to provide for bond
repayment.
(1) A [
local
] 
special
 district intending to issue revenue bonds may, but is not required
to, submit to district voters for their approval the issuance of the revenue bonds at an election
held for that purpose as provided in Title 11, Chapter 14, Local Government Bonding Act.
(2) Each [
local
] 
special
 district that has issued revenue bonds shall impose rates and
charges for the services or commodities it provides fully sufficient, along with other sources of
district revenues, to carry out all undertakings of the district with respect to its revenue bonds.
(3) A [
local
] 
special
 district that issues revenue bonds may:
(a) agree to pay operation and maintenance expenses of the district from the proceeds
of the ad valorem taxes authorized in Subsection 
17B-1-103
(2)(g); and
(b) for the benefit of bondholders, enter into covenants that:
(i) are permitted by Title 11, Chapter 14, Local Government Bonding Act; and
(ii) provide for other pertinent matters that the board of trustees considers proper to
assure the marketability of the bonds.
Section 151. Section 
17B-1-1107
 is amended to read:
17B-1-1107.
Ratification of previously issued bonds and previously entered
contracts.
All bonds issued or contracts entered into by a [
local
] 
special
 district before April 30,
2007 are ratified, validated, and confirmed and declared to be valid and legally binding
obligations of the district in accordance with their terms.
Section 152. Section 
17B-1-1201
 is amended to read:
Part 12. Special District Validation Proceedings
17B-1-1201.
Definitions.
As used in this part:
(1) "Eligible function" means:
(a) a power conferred on a [
local
] 
special
 district under this title;
(b) a tax or assessment levied by a [
local
] 
special
 district;
(c) an act or proceeding that a [
local
] 
special
 district:
(i) has taken; or
(ii) contemplates taking; or
(d) a district contract, whether already executed or to be executed in the future,
including a contract for the acquisition, construction, maintenance, or operation of works for
the district.
(2) "Validation order" means a court order adjudicating the validity of an eligible
function.
(3) "Validation petition" means a petition requesting a validation order.
(4) "Validation proceedings" means judicial proceedings occurring in district court
pursuant to a validation petition.
Section 153. Section 
17B-1-1202
 is amended to read:
17B-1-1202.
Authority to file a validation petition -- Petition requirements --
Amending or supplementing a validation petition.
(1) The board of trustees of a [
local
] 
special
 district may at any time file a validation
petition.
(2) Each validation petition shall:
(a) describe the eligible function for which a validation order is sought;
(b) set forth:
(i) the facts upon which the validity of the eligible function is founded; and
(ii) any other information or allegations necessary to a determination of the validation
petition;
(c) be verified by the chair of the board of trustees; and
(d) be filed in the district court of the county in which the district's principal office is
located.
(3) A [
local
] 
special
 district may amend or supplement a validation petition:
(a) at any time before the hearing under Section 
17B-1-1203
; or
(b) after the hearing under Section 
17B-1-1203
, with permission of the court.
Section 154. 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
] 
special
 district that filed the petition shall post notice:
(a) on the Utah Public Notice Website created in Section 
63A-16-601
, for three weeks
immediately before the hearing; and
(b) in the [
local
] 
special
 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 155. Section 
17B-1-1207
 is amended to read:
17B-1-1207.
Findings, conclusions, and judgment -- Costs -- Effect of judgment --
Appeal.
(1) After the hearing under Section 
17B-1-1203
 on a validation petition, the district
court shall:
(a) make and enter written findings of fact and conclusions of law; and
(b) render a judgment as warranted.
(2) A district court may apportion costs among the parties as the court determines
appropriate.
(3) A district court judgment adjudicating matters raised by a validation petition:
(a) is binding and conclusive as to the [
local
] 
special
 district and all other parties to the
validation proceedings; and
(b) constitutes a permanent injunction against any action or proceeding to contest any
matter adjudicated in the validation proceedings.
(4) (a) Each appeal of a final judgment in validation proceedings shall be filed with the
Supreme Court.
(b) An appeal of a final judgment in validation proceedings may be filed only by a
party to the validation proceedings.
(c) The appellate court hearing an appeal under this section shall expedite the hearing
of the appeal.
Section 156. Section 
17B-1-1301
 is amended to read:
Part 13. Dissolution of a Special District
17B-1-1301.
Definitions.
For purposes of this part:
(1) "Active" means, with respect to a [
local
] 
special
 district, that the district is not
inactive.
(2) "Administrative body" means:
(a) if the [
local
] 
special
 district proposed to be dissolved has a duly constituted board
of trustees in sufficient numbers to form a quorum, the board of trustees; or
(b) except as provided in Subsection (2)(a):
(i) for a [
local
] 
special
 district located entirely within a single municipality, the
legislative body of that municipality;
(ii) for a [
local
] 
special
 district located in multiple municipalities within the same
county or at least partly within the unincorporated area of a county, the legislative body of that
county; or
(iii) for a [
local
] 
special
 district located within multiple counties, the legislative body
of the county whose boundaries include more of the [
local
] 
special
 district than is included
within the boundaries of any other county.
(3) "Clerk" means:
(a) the board of trustees if the board is also the administrative body under Subsection
(2)(a);
(b) the clerk or recorder of the municipality whose legislative body is the
administrative body under Subsection (2)(b)(i); or
(c) the clerk of the county whose legislative body is the administrative body under
Subsection (2)(b)(ii) or (iii).
(4) "Inactive" means, with respect to a [
local
] 
special
 district, that during the preceding
three years the district has not:
(a) provided any service or otherwise operated;
(b) received property taxes or user or other fees; and
(c) expended any funds.
Section 157. Section 
17B-1-1302
 is amended to read:
17B-1-1302.
Special district dissolution.
A [
local
] 
special
 district may be dissolved as provided in this part.
Section 158. Section 
17B-1-1303
 is amended to read:
17B-1-1303.
Initiation of dissolution process.
The process to dissolve a [
local
] 
special
 district may be initiated by:
(1) for an inactive [
local
] 
special
 district:
(a) (i) for a [
local
] 
special
 district whose board of trustees is elected by electors based
on the acre-feet of water allotted to the land owned by the elector, a petition signed by the
owners of 25% of the acre-feet of water allotted to the land within the [
local
] 
special
 district; or
(ii) for all other districts:
(A) a petition signed by the owners of private real property that:
(I) is located within the [
local
] 
special
 district proposed to be dissolved;
(II) covers at least 25% of the private land area within the [
local
] 
special
 district; and
(III) is equal in assessed value to at least 25% of the assessed value of all private real
property within the [
local
] 
special
 district; or
(B) a petition signed by registered voters residing within the [
local
] 
special
 district
proposed to be dissolved equal in number to at least 25% of the number of votes cast in the
district for the office of governor at the last regular general election before the filing of the
petition; or
(b) a resolution adopted by the administrative body; and
(2) for an active [
local
] 
special
 district, a petition signed by:
(a) for a [
local
] 
special
 district whose board of trustees is elected by electors based on
the acre-feet of water allotted to the land owned by the elector, the owners of 33% of the
acre-feet of water allotted to the land within the [
local
] 
special
 district;
(b) for a [
local
] 
special
 district created to acquire or assess a groundwater right for the
development and execution of a groundwater management plan in coordination with the state
engineer in accordance with Section 
73-5-15
, the owners of groundwater rights that:
(i) are diverted within the district; and
(ii) cover at least 33% of the total amount of groundwater diverted in accordance with
the groundwater rights within the district as a whole; or
(c) for all other districts:
(i) the owners of private real property that:
(A) is located within the [
local
] 
special
 district proposed to be dissolved;
(B) covers at least 33% of the private land area within the [
local
] 
special
 district; and
(C) is equal in assessed value to at least 25% of the assessed value of all private real
property within the [
local
] 
special
 district; or
(ii) 33% of registered voters residing within the [
local
] 
special
 district proposed to be
dissolved.
Section 159. Section 
17B-1-1304
 is amended to read:
17B-1-1304.
Petition requirements.
(1) Each petition under Subsection 
17B-1-1303
(1)(a) or (2) shall:
(a) indicate the typed or printed name and current residence address of each owner of
acre-feet of water, property owner, or registered voter signing the petition;
(b) if it is a petition signed by the owners of acre-feet of water or property owners,
indicate the address of the property as to which the owner is signing;
(c) designate up to three signers of the petition as sponsors, one of whom shall be
designated the contact sponsor, with the mailing address and telephone number of each; and
(d) be filed with the clerk.
(2) A signer of a petition to dissolve a [
local
] 
special
 district may withdraw, or, once
withdrawn, reinstate the signer's signature at any time until 30 days after the public hearing
under Section 
17B-1-1306
.
Section 160. Section 
17B-1-1305
 is amended to read:
17B-1-1305.
Petition certification.
(1) Within 30 days after the filing of a petition under Subsection 
17B-1-1303
(1)(a) or
(2), the clerk shall:
(a) with the assistance of officers of the county in which the [
local
] 
special
 district is
located from whom the clerk requests assistance, determine whether the petition meets the
requirements of Section 
17B-1-1303
 and Subsection 
17B-1-1304
(1); and
(b) (i) if the clerk determines that the petition complies with the requirements, certify
the petition and 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, reject the petition and mail or deliver written notification of the rejection and the
reasons for the rejection to the contact sponsor.
(2) (a) If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be
amended to correct the deficiencies for which it was rejected and then refiled.
(b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
used toward fulfilling the applicable signature requirement of the petition as amended under
Subsection (2)(a).
(3) The clerk shall process an amended petition filed under Subsection (2)(a) in the
same manner as an original petition under Subsection (1).
Section 161. Section 
17B-1-1306
 is amended to read:
17B-1-1306.
Public hearing.
(1) For each petition certified under Section 
17B-1-1305
 and each resolution that an
administrative body adopts under Subsection 
17B-1-1303
(1)(b), the administrative body shall
hold a public hearing on the proposed dissolution.
(2) The administrative body shall hold a public hearing under Subsection (1):
(a) no later than 45 days after certification of the petition under Section 
17B-1-1305
 or
adoption of a resolution under Subsection 
17B-1-1303
(1)(b), as the case may be;
(b) within the [
local
] 
special
 district proposed to be dissolved;
(c) on a weekday evening other than a holiday beginning no earlier than 6 p.m.; and
(d) for the purpose of allowing:
(i) the administrative body to explain the process the administrative body will follow to
study and prepare the proposed dissolution;
(ii) the public to ask questions and obtain further information about the proposed
dissolution and issues raised by it; and
(iii) any interested person to address the administrative body concerning the proposed
dissolution.
(3) A quorum of the administrative body shall be present throughout each public
hearing under this section.
Section 162. 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:
(i) on the Utah Public Notice Website created in Section 
63A-16-601
, for 30 days
before the public hearing; and
(ii) in at least four conspicuous places within the [
local
] 
special
 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
] 
special
 district
and to each registered voter residing within the [
local
] 
special
 district.
(2) Each notice required under Subsection (1) shall:
(a) identify the [
local
] 
special
 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 163. Section 
17B-1-1308
 is amended to read:
17B-1-1308.
Second public hearing -- Dissolution resolution -- Limitations on
dissolution.
(1) (a) Within 180 days after the day on which the administrative body holds the public
hearing described in Section 
17B-1-1306
, the administrative body shall hold a second public
hearing to:
(i) publicly explain the result of the study and preparation described in Subsection
17B-1-1306
(2)(d)(i);
(ii) describe whether the proposed dissolution meets each criterion described in
Subsection (2); and
(iii) adopt a resolution in accordance with Subsection (1)(b) or (c).
(b) Subject to Subsection (2), after a proposed dissolution petition has been certified
under Section 
17B-1-1305
, the administrative body shall adopt a resolution:
(i) certifying that the proposed dissolution satisfies the criteria described in Subsection
(2); and
(ii) (A) for an inactive [
local
] 
special
 district, approving the dissolution of the [
local
]
special
 district; or
(B) for an active [
local
] 
special
 district, initiating the dissolution election described in
Section 
17B-1-1309
.
(c) Subject to Subsection (2), for a proposed dissolution of an inactive district that an
administrative body initiates by adopting a resolution under Subsection 
17B-1-1303
(1)(b), the
administrative body may adopt a resolution:
(i) certifying that the proposed dissolution satisfies the criteria described in Subsection
(2); and
(ii) approving the dissolution of the inactive [
local
] 
special
 district.
(2) The administrative body may not adopt a resolution under Subsection (1) unless:
(a) any outstanding debt of the [
local
] 
special
 district is:
(i) satisfied and discharged in connection with the dissolution; or
(ii) assumed by another governmental entity with the consent of all the holders of that
debt and all the holders of other debts of the [
local
] 
special
 district;
(b) for a [
local
] 
special
 district that has provided service during the preceding three
years or undertaken planning or other activity preparatory to providing service:
(i) another entity has committed to:
(A) provide the same service to the area being served or proposed to be served by the
[
local
] 
special
 district; and
(B) purchase, at fair market value, the assets of the [
local
] 
special
 district that are
required to provide the service; and
(ii) all who are to receive the service have consented to the service being provided by
the other entity; and
(c) all outstanding contracts to which the [
local
] 
special
 district is a party are resolved
through mutual termination or the assignment of the [
local
] 
special
 district's rights, duties,
privileges, and responsibilities to another entity with the consent of the other parties to the
contract.
Section 164. Section 
17B-1-1309
 is amended to read:
17B-1-1309.
Election to dissolve an active special district.
(1) When an administrative body adopts a resolution to initiate a dissolution election
under Subsection 
17B-1-1308
(1)(b)(ii), an election shall be held on the question of whether the
[
local
] 
special
 district should be dissolved by:
(a) if the [
local
] 
special
 district proposed to be dissolved is located entirely within a
single county, the [
local
] 
special
 district clerk, in cooperation with the county clerk; or
(b) if the [
local
] 
special
 district proposed to be dissolved is located within more than
one county, in cooperation with the [
local
] 
special
 district clerk:
(i) the clerk of each county where part of the [
local
] 
special
 district is located in more
than one municipality or in an unincorporated area within the same county;
(ii) the clerk or recorder of each municipality where part of the [
local
] 
special
 district is
not located in another municipality or in an unincorporated area within the same county; and
(iii) the clerk of each county where part of the [
local
] 
special
 district is located only in
an unincorporated area within the county.
(2) Each election under Subsection (1) shall be held at the next special or regular
general election that is more than 60 days after the day on which the administrative body
adopts a resolution in accordance with Section 
17B-1-1308
.
(3) (a) If the [
local
] 
special
 district proposed to be dissolved is located in more than
one county, the [
local
] 
special
 district clerk shall coordinate with the officials described in
Subsection (1)(b) to ensure that the election is held on the same date and in a consistent manner
in each jurisdiction.
(b) The clerk of each county and the clerk or recorder of each municipality involved in
an election under Subsection (1) shall cooperate with the [
local
] 
special
 district clerk in holding
the election.
(4) If the [
local
] 
special
 district proposed to be dissolved is an irrigation district under
Title 17B, Chapter 2a, Part 5, Irrigation District Act:
(a) the electors shall consist of the landowners whose land has allotments of water
through the district; and
(b) each elector may cast one vote for each acre-foot or fraction of an acre-foot of
water allotted to the land the elector owns within the district.
(5) If the [
local
] 
special
 district proposed to be dissolved is a district created to acquire
or assess a groundwater right for the development and execution of a groundwater management
plan in accordance with Section 
73-5-15
:
(a) the electors shall consist of the owners of groundwater rights within the district; and
(b) each elector may cast one vote for each acre-foot or fraction of an acre-foot of
groundwater that is within the district and reflected in the elector's water right.
(6) If the [
local
] 
special
 district proposed to be dissolved is a basic [
local
] 
special
district, except for a district described in Subsection (5), and if the area of the basic [
local
]
special
 district contains less than one residential unit per 50 acres of land at the time of the
filing of a petition described in Subsection 
17B-1-1303
(2):
(a) the electors shall consist of the owners of privately owned real property within a
basic [
local
] 
special
 district under [
Title 17B, Chapter 1, Part 14, Basic Local District
] 
Title
17B, Chapter 1, Part 14, Basic Special District
; and
(b) each elector may cast one vote for each acre or fraction of an acre of land that the
elector owns within the district.
(7) Except as otherwise provided in this part, Title 20A, Election Code, governs each
election under Subsection (1).
Section 165. Section 
17B-1-1310
 is amended to read:
17B-1-1310.
Notice to lieutenant governor -- Recording requirements --
Distribution of remaining assets.
(1) The administrative body, shall 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):
(a) within 30 days after the day on which the administrative body adopts a resolution
approving the dissolution of an inactive [
local
] 
special
 district; or
(b) within 30 days after the day on which a majority of the voters within an active
[
local
] 
special
 district approve the dissolution of the [
local
] 
special
 district in an election
described in Subsection 
17B-1-1309
(2).
(2) Upon the lieutenant governor's issuance of a certificate of dissolution under Section
67-1a-6.5
, the administrative body shall:
(a) if the [
local
] 
special
 district was located within the boundary of a single county,
submit to the recorder of that county:
(i) the original:
(A) notice of an impending boundary action; and
(B) certificate of dissolution; and
(ii) a certified copy of the resolution that the administrative body adopts under
Subsection 
17B-1-1308
(1); or
(b) if the [
local
] 
special
 district was located within the boundaries of more than a single
county:
(i) submit to the recorder of one of those counties:
(A) the original notice of an impending boundary action and certificate of dissolution;
and
(B) if applicable, a certified copy of the resolution that the administrative body adopts
under Subsection 
17B-1-1308
(1); and
(ii) submit to the recorder of each other county:
(A) a certified copy of the notice of an impending boundary action and certificate of
dissolution; and
(B) if applicable, a certified copy of the resolution that the administrative body adopts
under Subsection 
17B-1-1308
(1).
(3) Upon the lieutenant governor's issuance of the certificate of dissolution under
Section 
67-1a-6.5
, the [
local
] 
special
 district is dissolved.
(4) (a) After the dissolution of a [
local
] 
special
 district under this part, the
administrative body shall use any assets of the [
local
] 
special
 district remaining after paying all
debts and other obligations of the [
local
] 
special
 district to pay costs associated with the
dissolution process.
(b) If the administrative body is not the board of trustees of the dissolved [
local
]
special
 district, the administrative body shall pay any costs of the dissolution process remaining
after exhausting the remaining assets of the [
local
] 
special
 district as described in Subsection
(4)(a).
(c) If the administrative body is the board of trustees of the dissolved [
local
] 
special
district, each entity that has committed to provide a service that the dissolved [
local
] 
special
district previously provided, as described in Subsection 
17B-1-1308
(2)(b), shall pay, in the
same proportion that the services the entity commits to provide bear to all of the services the
[
local
] 
special
 district provided, any costs of the dissolution process remaining after exhausting
the remaining assets of the dissolved [
local
] 
special
 district described in Subsection (4)(a).
(5) (a) The administrative body shall distribute any assets of the [
local
] 
special
 district
that remain after the payment of debts, obligations, and costs under Subsection (4) in the
following order of priority:
(i) if there is a readily identifiable connection between the remaining assets and a
financial burden borne by the real property owners in the dissolved [
local
] 
special
 district,
proportionately to those real property owners;
(ii) if there is a readily identifiable connection between the remaining assets and a
financial burden borne by the recipients of a service that the dissolved [
local
] 
special
 district
provided, proportionately to those recipients; and
(iii) subject to Subsection (6), to each entity that has committed to provide a service
that the dissolved [
local
] 
special
 district previously provided, as described in Subsection
17B-1-1309
(1)(b)(ii), in the same proportion that the services the entity commits to provide
bear to all of the services the [
local
] 
special
 district provided.
(6) An entity that receives cash reserves of the dissolved [
local
] 
special
 district under
Subsection (5)(a)(iii) may not use the cash reserves:
(a) in any way other than for the purpose the [
local
] 
special
 district originally intended;
or
(b) in any area other than within the area that the dissolved [
local
] 
special
 district
previously served.
Section 166. Section 
17B-1-1401
 is amended to read:
Part 14. Basic Special District
17B-1-1401.
Status of and provisions applicable to a basic special district.
A basic [
local
] 
special
 district:
(1) operates under, is subject to, and has the powers set forth in this chapter; and
(2) is not subject to [
Chapter 2a, Provisions Applicable to Different Types of Local
Districts
] 
Chapter 2a, Provisions Applicable to Different Types of Special Districts
.
Section 167. Section 
17B-1-1402
 is amended to read:
17B-1-1402.
Board of trustees of a basic special district.
(1) As specified in a petition under Subsection 
17B-1-203
(1)(a) or (b) or a resolution
under Subsection 
17B-1-203
(1)(d) or (e), and except as provided in Subsection (2), the
members of a board of trustees of a basic [
local
] 
special
 district may be:
(a) (i) elected by registered voters; or
(ii) appointed by the responsible body, as defined in Section 
17B-1-201
; or
(b) if the area of the [
local
] 
special
 district contains less than one residential dwelling
unit per 50 acres of land at the time the resolution is adopted or the petition is filed, elected by
the owners of real property within the [
local
] 
special
 district based on:
(i) the amount of acreage owned by property owners;
(ii) the assessed value of property owned by property owners; or
(iii) water rights:
(A) relating to the real property within the [
local
] 
special
 district;
(B) that the real property owner:
(I) owns; or
(II) has transferred to the [
local
] 
special
 district.
(2) As specified in a groundwater right owner petition under Subsection
17B-1-203
(1)(c) or a resolution under Subsection 
17B-1-203
(1)(d) or (e), the members of a
board of trustees of a basic [
local
] 
special
 district created to manage groundwater rights the
district acquires or assesses under Section 
17B-1-202
 shall be:
(a) subject to Section 
17B-1-104.5
, elected by the owners of groundwater rights that
are diverted within the [
local
] 
special
 district;
(b) appointed by the responsible body, as defined in Section 
17B-1-201
; or
(c) elected or appointed as provided in Subsection (3).
(3) A petition under Subsection 
17B-1-203
(1)(a) or (b) and a resolution under
Subsection 
17B-1-203
(1)(d) or (e) may provide for a transition from one or more methods of
election or appointment under Subsection (1) or (2) to one or more other methods of election or
appointment based upon milestones or events that the petition or resolution identifies.
Section 168. Section 
17B-1-1403
 is amended to read:
17B-1-1403.
Prohibition against creating new basic special districts.
A person may not create a basic [
local
] 
special
 district on or after May 12, 2020.
Section 169. Section 
17B-2a-102
 is amended to read:
CHAPTER 2a. PROVISIONS APPLICABLE TO DIFFERENT TYPES OF SPECIAL
DISTRICTS
17B-2a-102.
Provisions applicable to cemetery maintenance districts.
(1) Each cemetery maintenance district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to cemetery maintenance districts.
(3) A cemetery maintenance district is not subject to the provisions of any other part of
this chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
(5) A cemetery maintenance district shall comply with the applicable provisions of
Title 8, Cemeteries.
Section 170. Section 
17B-2a-104
 is amended to read:
17B-2a-104.
Cemetery maintenance district bonding authority.
A cemetery maintenance district may issue bonds as provided in and subject to [
Chapter
1, Part 11, Local District Bonds
] 
Chapter 1, Part 11, Special District Bonds
, to carry out the
purposes of the district.
Section 171. Section 
17B-2a-203
 is amended to read:
17B-2a-203.
Provisions applicable to drainage districts.
(1) Each drainage district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to drainage districts.
(3) A drainage district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
Section 172. Section 
17B-2a-205
 is amended to read:
17B-2a-205.
Additional drainage district powers.
In addition to the powers conferred on a drainage district under Section 
17B-1-103
, a
drainage district may:
(1) enter upon land for the purpose of examining the land or making a survey;
(2) locate a necessary drainage canal with any necessary branches on land that the
district's board of trustees considers best;
(3) issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District Bonds
]
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district;
(4) after the payment or tender of compensation allowed, go upon land to construct
proposed works, and thereafter enter upon that land to maintain or repair the works;
(5) appropriate water for useful and beneficial purposes;
(6) regulate and control, for the benefit of landholders within the district, all water
developed, appropriated, or owned by the district;
(7) appropriate, use, purchase, develop, sell, and convey water and water rights in the
same manner and for the same use and purposes as a private person;
(8) widen, straighten, deepen, enlarge, or remove any obstruction or rubbish from any
watercourse, whether inside or outside the district; and
(9) if necessary, straighten a watercourse by cutting a new channel upon land not
already containing the watercourse, subject to the landowner receiving compensation for the
land occupied by the new channel and for any damages, as provided under the law of eminent
domain.
Section 173. Section 
17B-2a-209
 is amended to read:
17B-2a-209.
State land treated the same as private land -- Consent needed to
affect school and institutional trust land -- Owner of state land has same rights as owner
of private land.
(1) Subject to Subsection (2), a drainage district may treat state land the same as
private land with respect to the drainage of land for agricultural purposes.
(2) A drainage district may not affect school or institutional trust land under this part or
[
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions Applicable to
All Special Districts
, without the consent of the director of the School and Institutional Trust
Lands Administration acting in accordance with Sections 
53C-1-102
 and 
53C-1-303
.
(3) The state and each person holding unpatented state land under entries or contracts
of purchase from the state have all the rights, privileges, and benefits under this part and
[
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions Applicable to
All Special Districts
, that a private owner of that land would have.
Section 174. Section 
17B-2a-303
 is amended to read:
17B-2a-303.
Provisions applicable to fire protection districts.
(1) Each fire protection district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to fire protection districts.
(3) A fire protection district is not subject to the provisions of any other part of this
chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
Section 175. Section 
17B-2a-304
 is amended to read:
17B-2a-304.
Additional fire protection district power.
In addition to the powers conferred on a fire protection district under Section
17B-1-103
, a fire protection district may issue bonds as provided in and subject to [
Chapter 1,
Part 11, Local District Bonds
] 
Chapter 1, Part 11, Special District Bonds
, to carry out the
purposes of the district.
Section 176. Section 
17B-2a-402
 is amended to read:
17B-2a-402.
Provisions applicable to improvement districts.
(1) Each improvement district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to improvement districts.
(3) An improvement district is not subject to the provisions of any other part of this
chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
Section 177. Section 
17B-2a-403
 is amended to read:
17B-2a-403.
Additional improvement district powers.
(1) In addition to the powers conferred on an improvement district under Section
17B-1-103
, an improvement district may:
(a) acquire through construction, purchase, gift, or condemnation, or any combination
of these methods, and operate all or any part of a system for:
(i) the supply, treatment, and distribution of water;
(ii) the collection, treatment, and disposition of sewage;
(iii) the collection, retention, and disposition of storm and flood waters;
(iv) the generation, distribution, and sale of electricity, subject to Section 
17B-2a-406
;
and
(v) the transmission of natural or manufactured gas if:
(A) the system is connected to a gas plant, as defined in Section 
54-2-1
, of a gas
corporation, as defined in Section 
54-2-1
, that is regulated under Section 
54-4-1
;
(B) the system is to be used to facilitate gas utility service within the district; and
(C) the gas utility service was not available within the district before the acquisition of
the system;
(b) issue bonds in accordance with [
Chapter 1, Part 11, Local District Bonds
] 
Chapter
1, Part 11, Special District Bonds
, to carry out the purposes of the improvement district;
(c) appropriate or acquire water or water rights inside or outside the improvement
district's boundaries;
(d) sell water or other services to consumers residing outside the improvement district's
boundaries;
(e) enter into a contract with a gas corporation that is regulated under Section 
54-4-1
to:
(i) provide for the operation or maintenance of all or part of a system for the
transmission of natural or manufactured gas; or
(ii) lease or sell all or a portion of a system described in Subsection (1)(e)(i) to a gas
corporation;
(f) enter into a contract with a person for:
(i) the purchase or sale of water or electricity;
(ii) the use of any facility owned by the person; or
(iii) the purpose of handling the person's industrial and commercial waste and sewage;
(g) require pretreatment of industrial and commercial waste and sewage; and
(h) impose a penalty or surcharge against a public entity or other person with which the
improvement district has entered into a contract for the construction, acquisition, or operation
of all or a part of a system for the collection, treatment, and disposal of sewage, if the public
entity or other person fails to comply with the provisions of the contract.
(2) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by a gas
corporation regulated under Section 
54-4-1
 and not by the district.
(3) An improvement district may not begin to provide sewer service to an area where
sewer service is already provided by an existing sewage collection system operated by a
municipality or other political subdivision unless the municipality or other political subdivision
gives its written consent.
(4) An improvement district authorized to operate all or any part of a system for the
collection, treatment, or disposition of sewage may acquire, construct, or operate a resource
recovery project in accordance with Section 
19-6-508
.
Section 178. Section 
17B-2a-407
 is enacted to read:
 17B-2a-407.
Nonfunctioning improvement district -- Replacing board of trustees.
(1) As used in this section:
(a) "Applicable certificate" means the same as that term is defined in Subsection
67-1a-6.5
(1)(a).
(b) (i) "Non-functioning improvement district" means an improvement district:
(A) for which the lieutenant governor issues an applicable certificate on or after July 1,
2022, but before October 15, 2023;
(B) for which the legislative body of a county elected to be the board of trustees of the
district under Subsection 
17B-2a-404
(3)(a); and
(C) (I) for which the responsible body has not, within 100 days after the day on which
the lieutenant governor issued the applicable certificate, complied with the recording
requirements described in Subsection 
17B-1-215
(2); or
(II) whose board of trustees has not, within 100 days after the day on which the
lieutenant governor issued the applicable certificate, held a meeting as the board of trustees of
the improvement district, that was noticed and held in accordance with the requirements of
Title 52, Chapter 4, Open and Public Meetings Act.
(ii) "Non-functioning improvement district" does not include an improvement district
that has emerged from non-functioning status under Subsection (6)(c)(ii).
(2) (a) The board of trustees of a non-functioning improvement district may not, after
the 100-day period described in Subsection (1)(b)(i)(C)(I), take any action as the board of
trustees or on behalf of the non-functioning improvement district.
(b) Any action taken in violation of Subsection (2)(a) is void.
(3) (a) An owner of land located within the boundaries of a non-functioning
improvement district may file with the lieutenant governor a request to replace the board of
trustees with a new board of trustees.
(b) A new board of trustees described in Subsection (3)(a) shall comprise three
individuals who are:
(i) owners of land located within the boundaries of the improvement district; or
(ii) agents of owners of land located within the boundaries of the improvement district.
(4) A request described in Subsection (3) shall include:
(a) the name and mailing address of the land owner who files the request;
(b) the name of the improvement district;
(c) a copy of the certificate of incorporation for the improvement district;
(d) written consent to the request from each owner of land located within the
boundaries of the improvement district; and
(e) the names and mailing addresses of three individuals who will serve as the board of
trustees of the improvement district until a new board of trustees is organized under Subsection
(9).
(5) Within 14 days after the day on which the lieutenant governor receives a request
described in Subsections (3) and (4), the lieutenant governor shall:
(a) determine whether:
(i) the district is a non-functioning improvement district;
(ii) the request complies with Subsection (4); and
(b) if the lieutenant governor determines that the requirements described in Subsection
(5)(a) are met, grant the request by issuing a certificate of replacement described in Subsection
(6).
(6) A certificate of replacement shall:
(a) state the name of the improvement district;
(b) reference the certificate of incorporation for the improvement district;
(c) declare that, upon issuance of the certificate:
(i) the existing board of trustees for the improvement district is dissolved and replaced
by an interim board of trustees consisting of the three individuals described in Subsection
(4)(e); and
(ii) the improvement district is removed from nonfunctioning status and is, beginning
at that point in time, a functioning improvement district.
(7) The interim board of trustees described in Subsection (6)(c)(i) shall record, in the
recorder's office for a county in which all or a portion of the improvement district exists:
(a) the original of the certificate of replacement; and
(b) the original or a copy of:
(i) the items described in Subsections 
17B-1-215
(2)(a)(i)(A), (B), and (C); and
(ii) if applicable, a copy of each resolution adopted under Subsection 
17B-1-213
(5).
(8) Until a new board of trustees is organized under Subsection (9):
(a) the interim board of trustees has the full authority of a board of trustees of an
improvement district; and
(b) a majority of the owners of land in the improvement district:
(i) may appoint an individual described in Subsection (3)(b) to fill a vacancy on the
interim board of trustees; and
(ii) shall file written notification of the appointment of an individual described in
Subsection (8)(b)(i) with the lieutenant governor.
(9) Within 90 days after the day on which at least 20 persons own land within the
improvement district, the interim board of trustees described in Subsection (6)(c)(i) shall
dissolve and be replaced by a board of trustees described in Subsections 
17B-1-302
(1) through
(3)(a), except that:
(a) the board of trustees shall comprise three members, appointed by the lieutenant
governor, who are owners of property in the district, agents of an owner of property in the
district, or residents of the district;
(b) Subsections 
17B-1-302
(3)(c) through (6) and Section 
17B-2a-404
 do not apply to
the improvement district; and
(c) a member of the legislative body of the county may not serve as a member of the
board of trustees.
Section 179. Section 
17B-2a-502
 is amended to read:
17B-2a-502.
Provisions applicable to irrigation districts.
(1) Each irrigation district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to irrigation districts.
(3) An irrigation district is not subject to the provisions of any other part of this
chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
Section 180. Section 
17B-2a-503
 is amended to read:
17B-2a-503.
Additional irrigation district powers -- No authority to levy property
tax.
(1) In addition to the powers conferred on an irrigation district under Section
17B-1-103
, an irrigation district may:
(a) issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District Bonds
]
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district;
(b) purchase stock of an irrigation, canal, or reservoir company;
(c) enter upon any land in the district to make a survey and to locate and construct a
canal and any necessary lateral;
(d) convey water rights or other district property to the United States as partial or full
consideration under a contract with the United States;
(e) pursuant to a contract with the United States, lease or rent water to private land, an
entryman, or a municipality in the neighborhood of the district;
(f) if authorized under a contract with the United States, collect money on behalf of the
United States in connection with a federal reclamation project and assume the incident duties
and liabilities;
(g) acquire water from inside or outside the state;
(h) subject to Subsection (2), lease, rent, or sell water not needed by the owners of land
within the district:
(i) to a municipality, corporation, association, or individual inside or outside the
district;
(ii) for irrigation or any other beneficial use; and
(iii) at a price and on terms that the board considers appropriate; and
(i) repair a break in a reservoir or canal or remedy any other district disaster.
(2) (a) The term of a lease or rental agreement under Subsection (1)(h) may not exceed
five years.
(b) A vested or prescriptive right to the use of water may not attach to the land because
of a lease or rental of water under Subsection (1)(h).
(3) Notwithstanding Subsection 
17B-1-103
(2)(g), an irrigation district may not levy a
property tax.
Section 181. Section 
17B-2a-602
 is amended to read:
17B-2a-602.
Provisions applicable to metropolitan water districts.
(1) Each metropolitan water district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to metropolitan water districts.
(3) A metropolitan water district is not subject to the provisions of any other part of
this chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
(5) Before September 30, 2019, a metropolitan water district shall submit a written
report to the Revenue and Taxation Interim Committee that describes, for the metropolitan
water district's fiscal year that ended in 2018, the percentage and amount of revenue in the
metropolitan water district from:
(a) property taxes;
(b) water rates; and
(c) all other sources.
Section 182. Section 
17B-2a-603
 is amended to read:
17B-2a-603.
Additional metropolitan water district powers.
In addition to the powers conferred on a metropolitan water district under Section
17B-1-103
, a metropolitan water district may:
(1) acquire or lease any real or personal property or acquire any interest in real or
personal property, as provided in Subsections 
17B-1-103
(2)(a) and (b), whether inside or
outside the district or inside or outside the state;
(2) encumber real or personal property or an interest in real or personal property that
the district owns;
(3) acquire or construct works, facilities, and improvements, as provided in Subsection
17B-1-103
(2)(d), whether inside or outside the district or inside or outside the state;
(4) acquire water, works, water rights, and sources of water necessary or convenient to
the full exercise of the district's powers, whether the water, works, water rights, or sources of
water are inside or outside the district or inside or outside the state, and encumber, transfer an
interest in, or dispose of water, works, water rights, and sources of water;
(5) develop, store, and transport water;
(6) provide, sell, lease, and deliver water inside or outside the district for any lawful
beneficial use;
(7) issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District Bonds
]
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district; and
(8) subscribe for, purchase, lease, or otherwise acquire stock in a canal company,
irrigation company, water company, or water users association, for the purpose of acquiring the
right to use water or water infrastructure.
Section 183. Section 
17B-2a-702
 is amended to read:
17B-2a-702.
Provisions applicable to mosquito abatement districts.
(1) Each mosquito abatement district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to mosquito abatement districts.
(3) A mosquito abatement district is not subject to the provisions of any other part of
this chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
Section 184. Section 
17B-2a-703
 is amended to read:
17B-2a-703.
Additional mosquito abatement district powers.
In addition to the powers conferred on a mosquito abatement district under Section
17B-1-103
, a mosquito abatement district may:
(1) take all necessary and proper steps for the extermination of mosquitos, flies,
crickets, grasshoppers, and other insects:
(a) within the district; or
(b) outside the district, if lands inside the district are benefitted;
(2) abate as nuisances all stagnant pools of water and other breeding places for
mosquitos, flies, crickets, grasshoppers, or other insects anywhere inside or outside the state
from which mosquitos migrate into the district;
(3) enter upon territory referred to in Subsections (1) and (2) in order to inspect and
examine the territory and to remove from the territory, without notice, stagnant water or other
breeding places for mosquitos, flies, crickets, grasshoppers, or other insects;
(4) issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District Bonds
]
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district;
(5) make a contract to indemnify or compensate an owner of land or other property for
injury or damage that the exercise of district powers necessarily causes or arising out of the use,
taking, or damage of property for a district purpose; and
(6) in addition to the accumulated fund balance allowed under Section 
17B-1-612
,
establish a reserve fund, not to exceed the greater of 25% of the district's annual operating
budget or $50,000, to pay for extraordinary abatement measures, including a vector-borne
public health emergency.
Section 185. Section 
17B-2a-802
 is amended to read:
17B-2a-802.
Definitions.
As used in this part:
(1) "Affordable housing" means housing occupied or reserved for occupancy by
households that meet certain gross household income requirements based on the area median
income for households of the same size.
(a) "Affordable housing" may include housing occupied or reserved for occupancy by
households that meet specific area median income targets or ranges of area median income
targets.
(b) "Affordable housing" does not include housing occupied or reserved for occupancy
by households with gross household incomes that are more than 60% of the area median
income for households of the same size.
(2) "Appointing entity" means the person, county, unincorporated area of a county, or
municipality appointing a member to a public transit district board of trustees.
(3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
small public transit district to serve as chief executive officer.
(b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
defined in Sections 
17B-2a-810
 and 
17B-2a-811
 and includes all rights, duties, and
responsibilities assigned to the general manager but prescribed by the board of trustees to be
fulfilled by the chief executive officer.
(4) "Council of governments" means a decision-making body in each county composed
of membership including the county governing body and the mayors of each municipality in the
county.
(5) "Department" means the Department of Transportation created in Section 
72-1-201
.
(6) "Executive director" means a person appointed by the board of trustees of a large
public transit district to serve as executive director.
(7) "Fixed guideway" means the same as that term is defined in Section 
59-12-102
.
(8) "Fixed guideway capital development" means the same as that term is defined in
Section 
72-1-102
.
(9) (a) "General manager" means a person appointed by the board of trustees of a small
public transit district to serve as general manager.
(b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
Sections 
17B-2a-810
 and 
17B-2a-811
 prescribed by the board of trustees of a small public
transit district.
(10) "Large public transit district" means a public transit district that provides public
transit to an area that includes:
(a) more than 65% of the population of the state based on the most recent official
census or census estimate of the United States Census Bureau; and
(b) two or more counties.
(11) (a) "Locally elected public official" means a person who holds an elected position
with a county or municipality.
(b) "Locally elected public official" does not include a person who holds an elected
position if the elected position is not with a county or municipality.
(12) "Metropolitan planning organization" means the same as that term is defined in
Section 
72-1-208.5
.
(13) "Multicounty district" means a public transit district located in more than one
county.
(14) "Operator" means a public entity or other person engaged in the transportation of
passengers for hire.
(15) (a) "Public transit" means regular, continuing, shared-ride, surface transportation
services that are open to the general public or open to a segment of the general public defined
by age, disability, or low income.
(b) "Public transit" does not include transportation services provided by:
(i) chartered bus;
(ii) sightseeing bus;
(iii) taxi;
(iv) school bus service;
(v) courtesy shuttle service for patrons of one or more specific establishments; or
(vi) intra-terminal or intra-facility shuttle services.
(16) "Public transit district" means a [
local
] 
special
 district that provides public transit
services.
(17) "Small public transit district" means any public transit district that is not a large
public transit district.
(18) "Station area plan" means a plan developed and adopted by a municipality in
accordance with Section 
10-9a-403.1
.
(19) "Transit facility" means a transit vehicle, transit station, depot, passenger loading
or unloading zone, parking lot, or other facility:
(a) leased by or operated by or on behalf of a public transit district; and
(b) related to the public transit services provided by the district, including:
(i) railway or other right-of-way;
(ii) railway line; and
(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
a transit vehicle.
(20) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle
operated as public transportation by a public transit district.
(21) "Transit-oriented development" means a mixed use residential or commercial area
that is designed to maximize access to public transit and includes the development of land
owned by a large public transit district.
(22) "Transit-supportive development" means a mixed use residential or commercial
area that is designed to maximize access to public transit and does not include the development
of land owned by a large public transit district. 
Section 186. Section 
17B-2a-803
 is amended to read:
17B-2a-803.
Provisions applicable to public transit districts.
(1) (a) Each public transit district is governed by and has the powers stated in:
(i) this part; and
(ii) except as provided in Subsection (1)(b), [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
.
(b) (i) Except for Sections 
17B-1-301
, 
17B-1-311
, and 
17B-1-313
, the following
provisions do not apply to public transit districts:
(A) Chapter 1, Part 3, Board of Trustees; and
(B) Section 
17B-2a-905
.
(ii) A public transit district is not subject to [
Chapter 1, Part 6, Fiscal Procedures for
Local Districts
] 
Chapter 1, Part 6, Fiscal Procedures for Special Districts
.
(2) This part applies only to public transit districts.
(3) A public transit district is not subject to the provisions of any other part of this
chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
(5) The provisions of Subsection 
53-3-202
(3)(b) do not apply to a motor vehicle owned
in whole or in part by a public transit district.
Section 187. Section 
17B-2a-804
 is amended to read:
17B-2a-804.
Additional public transit district powers.
(1) In addition to the powers conferred on a public transit district under Section
17B-1-103
, a public transit district may:
(a) provide a public transit system for the transportation of passengers and their
incidental baggage;
(b) notwithstanding Subsection 
17B-1-103
(2)(g) and subject to Section 
17B-2a-817
,
levy and collect property taxes only for the purpose of paying:
(i) principal and interest of bonded indebtedness of the public transit district; or
(ii) a final judgment against the public transit district if:
(A) the amount of the judgment exceeds the amount of any collectable insurance or
indemnity policy; and
(B) the district is required by a final court order to levy a tax to pay the judgment;
(c) insure against:
(i) loss of revenues from damage to or destruction of some or all of a public transit
system from any cause;
(ii) public liability;
(iii) property damage; or
(iv) any other type of event, act, or omission;
(d) subject to Section 
72-1-202
 pertaining to fixed guideway capital development
within a large public transit district, acquire, contract for, lease, construct, own, operate,
control, or use:
(i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
parking lot, or any other facility necessary or convenient for public transit service; or
(ii) any structure necessary for access by persons and vehicles;
(e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
equipment, service, employee, or management staff of an operator; and
(ii) provide for a sublease or subcontract by the operator upon terms that are in the
public interest;
(f) operate feeder bus lines and other feeder or ridesharing services as necessary;
(g) accept a grant, contribution, or loan, directly through the sale of securities or
equipment trust certificates or otherwise, from the United States, or from a department,
instrumentality, or agency of the United States;
(h) study and plan transit facilities in accordance with any legislation passed by
Congress;
(i) cooperate with and enter into an agreement with the state or an agency of the state
or otherwise contract to finance to establish transit facilities and equipment or to study or plan
transit facilities;
(j) subject to Subsection 
17B-2a-808.1
(5), issue bonds as provided in and subject to
[
Chapter 1, Part 11, Local District Bonds
] 
Chapter 1, Part 11, Special District Bonds
, to carry
out the purposes of the district;
(k) from bond proceeds or any other available funds, reimburse the state or an agency
of the state for an advance or contribution from the state or state agency;
(l) do anything necessary to avail itself of any aid, assistance, or cooperation available
under federal law, including complying with labor standards and making arrangements for
employees required by the United States or a department, instrumentality, or agency of the
United States;
(m) sell or lease property;
(n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
transit-supportive developments;
(o) subject to Subsections (2) and (3), establish, finance, participate as a limited partner
or member in a development with limited liabilities in accordance with Subsection (1)(p),
construct, improve, maintain, or operate transit facilities, equipment, and, in accordance with
Subsection (3), transit-oriented developments or transit-supportive developments; and
(p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
transit-oriented development or a transit-supportive development in connection with project
area development as defined in Section 
17C-1-102
 by:
(i) investing in a project as a limited partner or a member, with limited liabilities; or
(ii) subordinating an ownership interest in real property owned by the public transit
district.
(2) (a) A public transit district may only assist in the development of areas under
Subsection (1)(p) that have been approved by the board of trustees, and in the manners
described in Subsection (1)(p).
(b) A public transit district may not invest in a transit-oriented development or
transit-supportive development as a limited partner or other limited liability entity under the
provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
makes an equity contribution equal to no less than 25% of the appraised value of the property
to be contributed by the public transit district.
(c) (i) For transit-oriented development projects, a public transit district shall adopt
transit-oriented development policies and guidelines that include provisions on affordable
housing.
(ii) For transit-supportive development projects, a public transit district shall work with
the metropolitan planning organization and city and county governments where the project is
located to collaboratively seek to create joint plans for the areas within one-half mile of transit
stations, including plans for affordable housing.
(d) A current board member of a public transit district to which the board member is
appointed may not have any interest in the transactions engaged in by the public transit district
pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
fiduciary duty as a board member.
(3) For any transit-oriented development or transit-supportive development authorized
in this section, the public transit district shall:
(a) perform a cost-benefit analysis of the monetary investment and expenditures of the
development, including effect on:
(i) service and ridership;
(ii) regional plans made by the metropolitan planning agency;
(iii) the local economy;
(iv) the environment and air quality;
(v) affordable housing; and
(vi) integration with other modes of transportation;
(b) provide evidence to the public of a quantifiable positive return on investment,
including improvements to public transit service; and
(c) coordinate with the Department of Transportation in accordance with Section
72-1-202
 pertaining to fixed guideway capital development and associated parking facilities
within a station area plan for a transit oriented development within a large public transit
district.
(4) For any fixed guideway capital development project with oversight by the
Department of Transportation as described in Section 
72-1-202
, a large public transit district
shall coordinate with the Department of Transportation in all aspects of the project, including
planning, project development, outreach, programming, environmental studies and impact
statements, impacts on public transit operations, and construction.
(5) A public transit district may participate in a transit-oriented development only if:
(a) for a transit-oriented development involving a municipality:
(i) the relevant municipality has developed and adopted a station area plan; and
(ii) the municipality is in compliance with Sections 
10-9a-403
 and 
10-9a-408
 regarding
the inclusion of moderate income housing in the general plan and the required reporting
requirements; or
(b) for a transit-oriented development involving property in an unincorporated area of a
county, the county is in compliance with Sections 
17-27a-403
 and 
17-27a-408
 regarding
inclusion of moderate income housing in the general plan and required reporting requirements.
(6) A public transit district may be funded from any combination of federal, state,
local, or private funds.
(7) A public transit district may not acquire property by eminent domain.
Section 188. Section 
17B-2a-817
 is amended to read:
17B-2a-817.
Voter approval required for property tax levy.
Notwithstanding the provisions of Section 
17B-1-1001
 and in addition to a property tax
under Section 
17B-1-1103
 to pay general obligation bonds of the district, a public transit
district may levy a property tax, as provided in and subject to [
Chapter 1, Part 10, Local
District Property Tax Levy
] 
Chapter 1, Part 10, Special District Property Tax Levy
, if:
(1) the district first submits the proposal to levy the property tax to voters within the
district; and
(2) a majority of voters within the district voting on the proposal vote in favor of the
tax at an election held for that purpose on a date specified in Section 
20A-1-204
.
Section 189. Section 
17B-2a-902
 is amended to read:
17B-2a-902.
Provisions applicable to service areas.
(1) Each service area is governed by and has the powers stated in:
(a) this part; and
(b) except as provided in Subsection (5), [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
.
(2) This part applies only to service areas.
(3) A service area is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
(5) (a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a
service area may not charge or collect a fee under Section 
17B-1-643
 for:
(i) law enforcement services;
(ii) fire protection services;
(iii) 911 ambulance or paramedic services as defined in Section 
26-8a-102
 that are
provided under a contract in accordance with Section 
26-8a-405.2
; or
(iv) emergency services.
(b) Subsection (5)(a) does not apply to:
(i) a fee charged or collected on an individual basis rather than a general basis;
(ii) a non-911 service as defined in Section 
26-8a-102
 that is provided under a contract
in accordance with Section 
26-8a-405.2
;
(iii) an impact fee charged or collected for a public safety facility as defined in Section
11-36a-102
; or
(iv) a service area that includes within the boundary of the service area a county of the
fifth or sixth class.
Section 190. Section 
17B-2a-903
 is amended to read:
17B-2a-903.
Additional service area powers -- Property tax limitation for service
area providing law enforcement service.
(1) In addition to the powers conferred on a service area under Section 
17B-1-103
, a
service area:
(a) may issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District
Bonds
] 
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district;
(b) that, until April 30, 2007, was a regional service area, may provide park, recreation,
or parkway services, or any combination of those services; and
(c) may, with the consent of the county in which the service area is located, provide
planning and zoning service.
(2) A service area that provides law enforcement service may not levy a property tax or
increase its certified tax rate, as defined in Section 
59-2-924
, without the prior approval of:
(a) (i) the legislative body of each municipality that is partly or entirely within the
boundary of the service area; and
(ii) the legislative body of the county with an unincorporated area within the boundary
of the service area; or
(b) (i) a majority of the legislative bodies of all municipalities that are partly or entirely
within the boundary of the service area; and
(ii) two-thirds of the legislative body of the county with an unincorporated area within
the boundary of the service area.
Section 191. Section 
17B-2a-904
 is amended to read:
17B-2a-904.
Regional service areas to become service areas -- Change from
regional service area to service area not to affect rights, obligations, board makeup, or
property of former regional service area.
(1) Each regional service area, created and operating under the law in effect before
April 30, 2007, becomes on that date a service area, governed by and subject to [
Chapter 1,
Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions Applicable to All Special
Districts
, and this part.
(2) The change of an entity from a regional service area to a service area under
Subsection (1) does not affect:
(a) the entity's basic structure and operations or its nature as a body corporate and
politic and a political subdivision of the state;
(b) the ability of the entity to provide the service that the entity:
(i) was authorized to provide before the change; and
(ii) provided before the change;
(c) the validity of the actions taken, bonds issued, or contracts or other obligations
entered into by the entity before the change;
(d) the ability of the entity to continue to impose and collect taxes, fees, and other
charges for the service it provides;
(e) the makeup of the board of trustees;
(f) the entity's ownership of property acquired before the change; or
(g) any other powers, rights, or obligations that the entity had before the change, except
as modified by this part.
Section 192. Section 
17B-2a-907
 is amended to read:
17B-2a-907.
Adding a new service within a service area.
A service area may begin to provide within the boundaries of the service area a service
that it had not previously provided by using the procedures set forth in [
Chapter 1, Part 2,
Creation of a Local District
] 
Chapter 1, Part 2, Creation of Special District
, for the creation of a
service area as though a new service area were being created to provide that service.
Section 193. Section 
17B-2a-1003
 is amended to read:
17B-2a-1003.
Provisions applicable to water conservancy districts.
(1) Each water conservancy district is governed by and has the powers stated in:
(a) this part; and
(b) [
Chapter 1, Provisions Applicable to All Local Districts
] 
Chapter 1, Provisions
Applicable to All Special Districts
.
(2) This part applies only to water conservancy districts.
(3) A water conservancy district is not subject to the provisions of any other part of this
chapter.
(4) If there is a conflict between a provision in [
Chapter 1, Provisions Applicable to All
Local Districts
] 
Chapter 1, Provisions Applicable to All Special Districts
, and a provision in
this part, the provision in this part governs.
(5) Before September 30, 2019, a water conservancy district shall submit a written
report to the Revenue and Taxation Interim Committee that describes, for the water
conservancy district's fiscal year that ended in 2018, the percentage and amount of revenue in
the water conservancy district from:
(a) property taxes;
(b) water rates; and
(c) all other sources.
Section 194. Section 
17B-2a-1004
 is amended to read:
17B-2a-1004.
Additional water conservancy district powers -- Limitations on
water conservancy districts.
(1) In addition to the powers conferred on a water conservancy district under Section
17B-1-103
, a water conservancy district may:
(a) issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District Bonds
]
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district;
(b) acquire or lease any real or personal property or acquire any interest in real or
personal property, as provided in Subsections 
17B-1-103
(2)(a) and (b), whether inside or
outside the district;
(c) acquire or construct works, facilities, or improvements, as provided in Subsection
17B-1-103
(2)(d), whether inside or outside the district;
(d) acquire water, works, water rights, and sources of water necessary or convenient to
the full exercise of the district's powers, whether the water, works, water rights, or sources of
water are inside or outside the district, and encumber, sell, lease, transfer an interest in, or
dispose of water, works, water rights, and sources of water;
(e) fix rates and terms for the sale, lease, or other disposal of water;
(f) acquire rights to the use of water from works constructed or operated by the district
or constructed or operated pursuant to a contract to which the district is a party, and sell rights
to the use of water from those works;
(g) levy assessments against lands within the district to which water is allotted on the
basis of:
(i) a uniform district-wide value per acre foot of irrigation water; or
(ii) a uniform unit-wide value per acre foot of irrigation water, if the board divides the
district into units and fixes a different value per acre foot of water in the respective units;
(h) fix rates for the sale, lease, or other disposal of water, other than irrigation water, at
rates that are equitable, though not necessarily equal or uniform, for like classes of service;
(i) adopt and modify plans and specifications for the works for which the district was
organized;
(j) investigate and promote water conservation and development;
(k) appropriate and otherwise acquire water and water rights inside or outside the state;
(l) develop, store, treat, and transport water;
(m) acquire stock in canal companies, water companies, and water users associations;
(n) acquire, construct, operate, or maintain works for the irrigation of land;
(o) subject to Subsection (2), sell water and water services to individual customers and
charge sufficient rates for the water and water services supplied;
(p) own property for district purposes within the boundaries of a municipality; and
(q) coordinate water resource planning among public entities.
(2) (a) A water conservancy district and another political subdivision of the state may
contract with each other, and a water conservancy district may contract with one or more public
entities and private persons, for:
(i) the joint operation or use of works owned by any party to the contract; or
(ii) the sale, purchase, lease, exchange, or loan of water, water rights, works, or related
services.
(b) An agreement under Subsection (2)(a) may provide for the joint use of works
owned by one of the contracting parties if the agreement provides for reasonable compensation.
(c) A statutory requirement that a district supply water to its own residents on a priority
basis does not apply to a contract under Subsection (2)(a).
(d) An agreement under Subsection (2)(a) may include terms that the parties determine,
including:
(i) a term of years specified by the contract;
(ii) a requirement that the purchasing party make specified payments, without regard to
actual taking or use;
(iii) a requirement that the purchasing party pay user charges, charges for the
availability of water or water facilities, or other charges for capital costs, debt service,
operating and maintenance costs, and the maintenance of reasonable reserves, whether or not
the related water, water rights, or facilities are acquired, completed, operable, or operating, and
notwithstanding the suspension, interruption, interference, reduction, or curtailment of water or
services for any reason;
(iv) provisions for one or more parties to acquire an undivided ownership interest in, or
a contractual right to the capacity, output, or services of, joint water facilities, and establishing:
(A) the methods for financing the costs of acquisition, construction, and operation of
the joint facilities;
(B) the method for allocating the costs of acquisition, construction, and operation of
the facilities among the parties consistent with their respective interests in or rights to the
facilities;
(C) a management committee comprised of representatives of the parties, which may
be responsible for the acquisition, construction, and operation of the facilities as the parties
determine; and
(D) the remedies upon a default by any party in the performance of its obligations
under the contract, which may include a provision obligating or enabling the other parties to
succeed to all or a portion of the ownership interest or contractual rights and obligations of the
defaulting party; and
(v) provisions that a purchasing party make payments from:
(A) general or other funds of the purchasing party;
(B) the proceeds of assessments levied under this part;
(C) the proceeds of impact fees imposed by any party under Title 11, Chapter 36a,
Impact Fees Act;
(D) revenues from the operation of the water system of a party receiving water or
services under the contract;
(E) proceeds of any revenue-sharing arrangement between the parties, including
amounts payable as a percentage of revenues or net revenues of the water system of a party
receiving water or services under the contract; and
(F) any combination of the sources of payment listed in Subsections (2)(d)(v)(A)
through (E).
(3) (a) A water conservancy district may enter into a contract with another state or a
political subdivision of another state for the joint construction, operation, or ownership of a
water facility.
(b) Water from any source in the state may be appropriated and used for beneficial
purposes within another state only as provided in Title 73, Chapter 3a, Water Exports.
(4) (a) Except as provided in Subsection (4)(b), a water conservancy district may not
sell water to a customer located within a municipality for domestic or culinary use without the
consent of the municipality.
(b) Subsection (4)(a) does not apply if:
(i) the property of a customer to whom a water conservancy district sells water was, at
the time the district began selling water to the customer, within an unincorporated area of a
county; and
(ii) after the district begins selling water to the customer, the property becomes part of
a municipality through municipal incorporation or annexation.
(5) A water conservancy district may not carry or transport water in transmountain
diversion if title to the water was acquired by a municipality by eminent domain.
(6) A water conservancy district may not be required to obtain a franchise for the
acquisition, ownership, operation, or maintenance of property.
(7) A water conservancy district may not acquire by eminent domain title to or
beneficial use of vested water rights for transmountain diversion.
Section 195. 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
] 
special
 district, the board of trustees of the [
local
] 
special
 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) post notice of the petition and of the hearing required under Subsection (4)(a)(ii) on
the Utah Public Notice Website, created in Section 
63A-16-601
, 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) post a notice:
(A) on the Utah Public Notice Website, created in Section 
63A-16-601
, 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 196. Section 
17B-2a-1102
 is amended to read:
17B-2a-1102.
Definitions.
As used in this part:
(1) "Municipal services" means one or more of the services identified in Section
17-34-1
, 
17-36-3
, or 
17B-1-202
.
(2) "Metro township" means:
(a) a metro township for which the electors at an election under Section 
10-2a-404
chose a metro township that is included in a municipal services district; or
(b) a metro township that subsequently joins a municipal services district.
Section 197. Section 
17B-2a-1104
 is amended to read:
17B-2a-1104.
Additional municipal services district powers.
In addition to the powers conferred on a municipal services district under Section
17B-1-103
, a municipal services district may:
(1) notwithstanding Subsection 
17B-1-202
(3), provide no more than six municipal
services;
(2) assist a municipality or a county located within a municipal services district by
providing staffing and administrative services, including:
(a) human resources staffing and services;
(b) finance and budgeting staffing and services; and
(c) information technology staffing and services; and
(3) issue bonds as provided in and subject to [
Chapter 1, Part 11, Local District Bonds
]
Chapter 1, Part 11, Special District Bonds
, to carry out the purposes of the district.
Section 198. Section 
17B-2a-1106
 is amended to read:
17B-2a-1106.
Municipal services district board of trustees -- Governance.
(1) Notwithstanding any other provision of law regarding the membership of a [
local
]
special
 district board of trustees, the initial board of trustees of a municipal services district
shall consist of the county legislative body.
(2) (a) If, after the initial creation of a municipal services district, an area within the
district is incorporated as a municipality as defined in Section 
10-1-104
 and the area is not
withdrawn from the district in accordance with Section 
17B-1-502
 or 
17B-1-505
, or an area
within the municipality is annexed into the municipal services district in accordance with
Section 
17B-2a-1103
, the district's board of trustees shall be as follows:
(i) subject to Subsection (2)(b), a member of that municipality's governing body;
(ii) one member of the county council of the county in which the municipal services
district is located; and
(iii) the total number of board members is not required to be an odd number.
(b) A member described in Subsection (2)(a)(i) shall be:
(i) for a municipality other than a metro township, designated by the municipal
legislative body; and
(ii) for a metro township, the mayor of the metro township or, during any period of
time when the mayor is absent, unable, or refuses to act, the mayor pro tempore that the metro
township council elects in accordance with Subsection 
10-3b-503
(4).
(3) For a board of trustees described in Subsection (2), each board member's vote is
weighted using the proportion of the municipal services district population that resides:
(a) for each member described in Subsection (2)(a)(i), within that member's
municipality; and
(b) for the member described in Subsection (2)(a)(ii), within the unincorporated
county.
(4) The board may adopt a resolution providing for future board members to be
appointed, as provided in Section 
17B-1-304
, or elected, as provided in Section 
17B-1-306
.
(5) Notwithstanding Subsections 
17B-1-309
(1) or 
17B-1-310
(1), the board of trustees
may adopt a resolution to determine the internal governance of the board.
(6) The municipal services district and the county may enter into an agreement for the
provision of legal services to the municipal services district.
Section 199. Section 
17C-1-102
 is amended to read:
17C-1-102.
Definitions.
As used in this title:
(1) "Active project area" means a project area that has not been dissolved in accordance
with Section 
17C-1-702
.
(2) "Adjusted tax increment" means the percentage of tax increment, if less than
100%, that an agency is authorized to receive:
(a) for a pre-July 1, 1993, project area plan, under Section 
17C-1-403
, excluding tax
increment under Subsection 
17C-1-403
(3);
(b) for a post-June 30, 1993, project area plan, under Section 
17C-1-404
, excluding tax
increment under Section 
17C-1-406
;
(c) under a project area budget approved by a taxing entity committee; or
(d) under an interlocal agreement that authorizes the agency to receive a taxing entity's
tax increment.
(3) "Affordable housing" means housing owned or occupied by a low or moderate
income family, as determined by resolution of the agency.
(4) "Agency" or "community reinvestment agency" means a separate body corporate
and politic, created under Section 
17C-1-201.5
 or as a redevelopment agency or community
development and renewal agency under previous law:
(a) that is a political subdivision of the state;
(b) that is created to undertake or promote project area development as provided in this
title; and
(c) whose geographic boundaries are coterminous with:
(i) for an agency created by a county, the unincorporated area of the county; and
(ii) for an agency created by a municipality, the boundaries of the municipality.
(5) "Agency funds" means money that an agency collects or receives for agency
operations, implementing a project area plan or an implementation plan as defined in Section
17C-1-1001
, or other agency purposes, including:
(a) project area funds;
(b) income, proceeds, revenue, or property derived from or held in connection with the
agency's undertaking and implementation of project area development or agency-wide project
development as defined in Section 
17C-1-1001
;
(c) a contribution, loan, grant, or other financial assistance from any public or private
source;
(d) project area incremental revenue as defined in Section 
17C-1-1001
; or
(e) property tax revenue as defined in Section 
17C-1-1001
.
(6) "Annual income" means the same as that term is defined in regulations of the
United States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
amended or as superseded by replacement regulations.
(7) "Assessment roll" means the same as that term is defined in Section 
59-2-102
.
(8) "Base taxable value" means, unless otherwise adjusted in accordance with
provisions of this title, a property's taxable value as shown upon the assessment roll last
equalized during the base year.
(9) "Base year" means, except as provided in Subsection 
17C-1-402
(4)(c), the year
during which the assessment roll is last equalized:
(a) for a pre-July 1, 1993, urban renewal or economic development project area plan,
before the project area plan's effective date;
(b) for a post-June 30, 1993, urban renewal or economic development project area
plan, or a community reinvestment project area plan that is subject to a taxing entity
committee:
(i) before the date on which the taxing entity committee approves the project area
budget; or
(ii) if taxing entity committee approval is not required for the project area budget,
before the date on which the community legislative body adopts the project area plan;
(c) for a project on an inactive airport site, after the later of:
(i) the date on which the inactive airport site is sold for remediation and development;
or
(ii) the date on which the airport that operated on the inactive airport site ceased
operations; or
(d) for a community development project area plan or a community reinvestment
project area plan that is subject to an interlocal agreement, as described in the interlocal
agreement.
(10) "Basic levy" means the portion of a school district's tax levy constituting the
minimum basic levy under Section 
59-2-902
.
(11) "Board" means the governing body of an agency, as described in Section
17C-1-203
.
(12) "Budget hearing" means the public hearing on a proposed project area budget
required under Subsection 
17C-2-201
(2)(d) for an urban renewal project area budget,
Subsection 
17C-3-201
(2)(d) for an economic development project area budget, or Subsection
17C-5-302
(2)(e) for a community reinvestment project area budget.
(13) "Closed military base" means land within a former military base that the Defense
Base Closure and Realignment Commission has voted to close or realign when that action has
been sustained by the president of the United States and Congress.
(14) "Combined incremental value" means the combined total of all incremental values
from all project areas, except project areas that contain some or all of a military installation or
inactive industrial site, within the agency's boundaries under project area plans and project area
budgets at the time that a project area budget for a new project area is being considered.
(15) "Community" means a county or municipality.
(16) "Community development project area plan" means a project area plan adopted
under Chapter 4, Part 1, Community Development Project Area Plan.
(17) "Community legislative body" means the legislative body of the community that
created the agency.
(18) "Community reinvestment project area plan" means a project area plan adopted
under Chapter 5, Part 1, Community Reinvestment Project Area Plan.
(19) "Contest" means to file a written complaint in the district court of the county in
which the agency is located.
(20) "Development impediment" means a condition of an area that meets the
requirements described in Section 
17C-2-303
 for an urban renewal project area or Section
17C-5-405
 for a community reinvestment project area.
(21) "Development impediment hearing" means a public hearing regarding whether a
development impediment exists within a proposed:
(a) urban renewal project area under Subsection 
17C-2-102
(1)(a)(i)(C) and Section
17C-2-302
; or
(b) community reinvestment project area under Section 
17C-5-404
.
(22) "Development impediment study" means a study to determine whether a
development impediment exists within a survey area as described in Section 
17C-2-301
 for an
urban renewal project area or Section 
17C-5-403
 for a community reinvestment project area.
(23) "Economic development project area plan" means a project area plan adopted
under Chapter 3, Part 1, Economic Development Project Area Plan.
(24) "Fair share ratio" means the ratio derived by:
(a) for a municipality, comparing the percentage of all housing units within the
municipality that are publicly subsidized income targeted housing units to the percentage of all
housing units within the county in which the municipality is located that are publicly
subsidized income targeted housing units; or
(b) for the unincorporated part of a county, comparing the percentage of all housing
units within the unincorporated county that are publicly subsidized income targeted housing
units to the percentage of all housing units within the whole county that are publicly subsidized
income targeted housing units.
(25) "Family" means the same as that term is defined in regulations of the United
States Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
or as superseded by replacement regulations.
(26) "Greenfield" means land not developed beyond agricultural, range, or forestry use.
(27) "Hazardous waste" means any substance defined, regulated, or listed as a
hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
or toxic substance, or identified as hazardous to human health or the environment, under state
or federal law or regulation.
(28) "Housing allocation" means project area funds allocated for housing under Section
17C-2-203
, 
17C-3-202
, or 
17C-5-307
 for the purposes described in Section 
17C-1-412
.
(29) "Housing fund" means a fund created by an agency for purposes described in
Section 
17C-1-411
 or 
17C-1-412
 that is comprised of:
(a) project area funds, project area incremental revenue as defined in Section
17C-1-1001
, or property tax revenue as defined in Section 
17C-1-1001
 allocated for the
purposes described in Section 
17C-1-411
; or
(b) an agency's housing allocation.
(30) (a) "Inactive airport site" means land that:
(i) consists of at least 100 acres;
(ii) is occupied by an airport:
(A) (I) that is no longer in operation as an airport; or
(II) (Aa) that is scheduled to be decommissioned; and
(Bb) for which a replacement commercial service airport is under construction; and
(B) that is owned or was formerly owned and operated by a public entity; and
(iii) requires remediation because:
(A) of the presence of hazardous waste or solid waste; or
(B) the site lacks sufficient public infrastructure and facilities, including public roads,
electric service, water system, and sewer system, needed to support development of the site.
(b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land
described in Subsection (30)(a).
(31) (a) "Inactive industrial site" means land that:
(i) consists of at least 1,000 acres;
(ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
facility; and
(iii) requires remediation because of the presence of hazardous waste or solid waste.
(b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
described in Subsection (31)(a).
(32) "Income targeted housing" means housing that is owned or occupied by a family
whose annual income is at or below 80% of the median annual income for a family within the
county in which the housing is located.
(33) "Incremental value" means a figure derived by multiplying the marginal value of
the property located within a project area on which tax increment is collected by a number that
represents the adjusted tax increment from that project area that is paid to the agency.
(34) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
(35) (a) " Local government building" means a building owned and operated by a
community for the primary purpose of providing one or more primary community functions,
including:
(i) a fire station;
(ii) a police station;
(iii) a city hall; or
(iv) a court or other judicial building.
(b) " Local government building" does not include a building the primary purpose of
which is cultural or recreational in nature.
(36) "Major transit investment corridor" means the same as that term is defined in
Section 
10-9a-103
.
(37) "Marginal value" means the difference between actual taxable value and base
taxable value.
(38) "Military installation project area" means a project area or a portion of a project
area located within a federal military installation ordered closed by the federal Defense Base
Realignment and Closure Commission.
(39) "Municipality" means a city, town, or metro township as defined in Section
10-2a-403
.
(40) "Participant" means one or more persons that enter into a participation agreement
with an agency.
(41) "Participation agreement" means a written agreement between a person and an
agency that:
(a) includes a description of:
(i) the project area development that the person will undertake;
(ii) the amount of project area funds the person may receive; and
(iii) the terms and conditions under which the person may receive project area funds;
and
(b) is approved by resolution of the board.
(42) "Plan hearing" means the public hearing on a proposed project area plan required
under Subsection 
17C-2-102
(1)(a)(vi) for an urban renewal project area plan, Subsection
17C-3-102
(1)(d) for an economic development project area plan, Subsection 
17C-4-102
(1)(d)
for a community development project area plan, or Subsection 
17C-5-104
(3)(e) for a
community reinvestment project area plan.
(43) "Post-June 30, 1993, project area plan" means a project area plan adopted on or
after July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the project
area plan's adoption.
(44) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July
1, 1993, whether or not amended subsequent to the project area plan's adoption.
(45) "Private," with respect to real property, means property not owned by a public
entity or any other governmental entity.
(46) "Project area" means the geographic area described in a project area plan within
which the project area development described in the project area plan takes place or is
proposed to take place.
(47) "Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to a project area prepared in
accordance with:
(a) for an urban renewal project area, Section 
17C-2-201
;
(b) for an economic development project area, Section 
17C-3-201
;
(c) for a community development project area, Section 
17C-4-204
; or
(d) for a community reinvestment project area, Section 
17C-5-302
.
(48) "Project area development" means activity within a project area that, as
determined by the board, encourages, promotes, or provides development or redevelopment for
the purpose of implementing a project area plan, including:
(a) promoting, creating, or retaining public or private jobs within the state or a
community;
(b) providing office, manufacturing, warehousing, distribution, parking, or other
facilities or improvements;
(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or
remediating environmental issues;
(d) providing residential, commercial, industrial, public, or other structures or spaces,
including recreational and other facilities incidental or appurtenant to the structures or spaces;
(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
existing structures;
(f) providing open space, including streets or other public grounds or space around
buildings;
(g) providing public or private buildings, infrastructure, structures, or improvements;
(h) relocating a business;
(i) improving public or private recreation areas or other public grounds;
(j) eliminating a development impediment or the causes of a development impediment;
(k) redevelopment as defined under the law in effect before May 1, 2006; or
(l) any activity described in this Subsection (48) outside of a project area that the board
determines to be a benefit to the project area.
(49) "Project area funds" means tax increment or sales and use tax revenue that an
agency receives under a project area budget adopted by a taxing entity committee or an
interlocal agreement.
(50) "Project area funds collection period" means the period of time that:
(a) begins the day on which the first payment of project area funds is distributed to an
agency under a project area budget approved by a taxing entity committee or an interlocal
agreement; and
(b) ends the day on which the last payment of project area funds is distributed to an
agency under a project area budget approved by a taxing entity committee or an interlocal
agreement.
(51) "Project area plan" means an urban renewal project area plan, an economic
development project area plan, a community development project area plan, or a community
reinvestment project area plan that, after the project area plan's effective date, guides and
controls the project area development.
(52) (a) "Property tax" means each levy on an ad valorem basis on tangible or
intangible personal or real property.
(b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege
Tax.
(53) "Public entity" means:
(a) the United States, including an agency of the United States;
(b) the state, including any of the state's departments or agencies; or
(c) a political subdivision of the state, including a county, municipality, school district,
[
local
] 
special
 district, special service district, community reinvestment agency, or interlocal
cooperation entity.
(54) "Publicly owned infrastructure and improvements" means water, sewer, storm
drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets,
roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or
other facilities, infrastructure, and improvements benefitting the public and to be publicly
owned or publicly maintained or operated.
(55) "Record property owner" or "record owner of property" means the owner of real
property, as shown on the records of the county in which the property is located, to whom the
property's tax notice is sent.
(56) "Sales and use tax revenue" means revenue that is:
(a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act;
and
(b) distributed to a taxing entity in accordance with Sections 
59-12-204
 and 
59-12-205
.
(57) "Superfund site":
(a) means an area included in the National Priorities List under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
(b) includes an area formerly included in the National Priorities List, as described in
Subsection (57)(a), but removed from the list following remediation that leaves on site the
waste that caused the area to be included in the National Priorities List.
(58) "Survey area" means a geographic area designated for study by a survey area
resolution to determine whether:
(a) one or more project areas within the survey area are feasible; or
(b) a development impediment exists within the survey area.
(59) "Survey area resolution" means a resolution adopted by a board that designates a
survey area.
(60) "Taxable value" means:
(a) the taxable value of all real property a county assessor assesses in accordance with
Title 59, Chapter 2, Part 3, County Assessment, for the current year;
(b) the taxable value of all real and personal property the commission assesses in
accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
(c) the year end taxable value of all personal property a county assessor assesses in
accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's
tax rolls of the taxing entity.
(61) (a) "Tax increment" means the difference between:
(i) the amount of property tax revenue generated each tax year by a taxing entity from
the area within a project area designated in the project area plan as the area from which tax
increment is to be collected, using the current assessed value of the property and each taxing
entity's current certified tax rate as defined in Section 
59-2-924
; and
(ii) the amount of property tax revenue that would be generated from that same area
using the base taxable value of the property and each taxing entity's current certified tax rate as
defined in Section 
59-2-924
.
(b) "Tax increment" does not include taxes levied and collected under Section
59-2-1602
 on or after January 1, 1994, upon the taxable property in the project area unless:
(i) the project area plan was adopted before May 4, 1993, whether or not the project
area plan was subsequently amended; and
(ii) the taxes were pledged to support bond indebtedness or other contractual
obligations of the agency.
(62) "Taxing entity" means a public entity that:
(a) levies a tax on property located within a project area; or
(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act.
(63) "Taxing entity committee" means a committee representing the interests of taxing
entities, created in accordance with Section 
17C-1-402
.
(64) "Unincorporated" means not within a municipality.
(65) "Urban renewal project area plan" means a project area plan adopted under
Chapter 2, Part 1, Urban Renewal Project Area Plan.
Section 200. Section 
17C-1-409
 is amended to read:
17C-1-409.
Allowable uses of agency funds.
(1) (a) An agency may use agency funds:
(i) for any purpose authorized under this title;
(ii) for administrative, overhead, legal, or other operating expenses of the agency,
including consultant fees and expenses under Subsection 
17C-2-102
(1)(b)(ii)(B) or funding for
a business resource center;
(iii) subject to Section 
11-41-103
, to pay for, including financing or refinancing, all or
part of:
(A) project area development in a project area, including environmental remediation
activities occurring before or after adoption of the project area plan;
(B) housing-related expenditures, projects, or programs as described in Section
17C-1-411
 or 
17C-1-412
;
(C) an incentive or other consideration paid to a participant under a participation
agreement;
(D) subject to Subsections (1)(c) and (4), the value of the land for and the cost of the
installation and construction of any publicly owned building, facility, structure, landscaping, or
other improvement within the project area from which the project area funds are collected; or
(E) the cost of the installation of publicly owned infrastructure and improvements
outside the project area from which the project area funds are collected if the board and the
community legislative body determine by resolution that the publicly owned infrastructure and
improvements benefit the project area;
(iv) in an urban renewal project area that includes some or all of an inactive industrial
site and subject to Subsection (1)(e), to reimburse the Department of Transportation created
under Section 
72-1-201
, or a public transit district created under [
Title 17B, Chapter 2a, Part 8,
Public Transit District Act
] 
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special
Districts
, for the cost of:
(A) construction of a public road, bridge, or overpass;
(B) relocation of a railroad track within the urban renewal project area; or
(C) relocation of a railroad facility within the urban renewal project area;
(v) subject to Subsection (5), to transfer funds to a community that created the agency;
or
(vi) subject to Subsection (1)(f), for agency-wide project development under Part 10,
Agency Taxing Authority.
(b) The determination of the board and the community legislative body under
Subsection (1)(a)(iii)(E) regarding benefit to the project area shall be final and conclusive.
(c) An agency may not use project area funds received from a taxing entity for the
purposes stated in Subsection (1)(a)(iii)(D) under an urban renewal project area plan, an
economic development project area plan, or a community reinvestment project area plan
without the community legislative body's consent.
(d) (i) Subject to Subsection (1)(d)(ii), an agency may loan project area funds from a
project area fund to another project area fund if:
(A) the board approves; and
(B) the community legislative body approves.
(ii) An agency may not loan project area funds under Subsection (1)(d)(i) unless the
projections for agency funds are sufficient to repay the loan amount.
(iii) A loan described in Subsection (1)(d) is not subject to Title 10, Chapter 5,
Uniform Fiscal Procedures Act for Utah Towns, Title 10, Chapter 6, Uniform Fiscal
Procedures Act for Utah Cities, Title 17, Chapter 36, Uniform Fiscal Procedures Act for
Counties, or Title 17B, Chapter 1, Part 6, Fiscal Procedures for [
Local
] 
Special
 Districts.
(e) Before an agency may pay any tax increment or sales tax revenue under Subsection
(1)(a)(iv), the agency shall enter into an interlocal agreement defining the terms of the
reimbursement with:
(i) the Department of Transportation; or
(ii) a public transit district.
(f) Before an agency may use project area funds for agency-wide project development,
as defined in Section 
17C-1-1001
, the agency shall obtain the consent of the taxing entity
committee or each taxing entity party to an interlocal agreement with the agency.
(2) (a) Sales and use tax revenue that an agency receives from a taxing entity is not
subject to the prohibition or limitations of Title 11, Chapter 41, Prohibition on Retail Facility
Incentive Payments Act.
(b) An agency may use sales and use tax revenue that the agency receives under an
interlocal agreement under Section 
17C-4-201
 or 
17C-5-204
 for the uses authorized in the
interlocal agreement.
(3) (a) An agency may contract with the community that created the agency or another
public entity to use agency funds to reimburse the cost of items authorized by this title to be
paid by the agency that are paid by the community or other public entity.
(b) If land is acquired or the cost of an improvement is paid by another public entity
and the land or improvement is leased to the community, an agency may contract with and
make reimbursement from agency funds to the community.
(4) Notwithstanding any other provision of this title, an agency may not use project
area funds, project area incremental revenue as defined in Section 
17C-1-1001
, or property tax
revenue as defined in Section 
17C-1-1001
, to construct a local government building unless the
taxing entity committee or each taxing entity party to an interlocal agreement with the agency
consents.
(5) For the purpose of offsetting the community's annual local contribution to the
Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
a calendar year to a community under Subsections (1)(a)(v), 
17C-1-411
(1)(d), and
17C-1-412
(1)(a)(x) may not exceed the community's annual local contribution as defined in
Subsection 
59-12-205
(5). 
Section 201. 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)
] 
(7)
 "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)
] 
(8)
 "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)
] 
(9)
 "Special assessment bond" means a bond payable from special assessments.
(10) "Special district" has the same meaning as that term is defined in Section
17B-1-102
.
(11) "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) "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 202. Section 
17D-1-103
 is amended to read:
17D-1-103.
Special service district status, powers, and duties -- Registration as a
limited purpose entity -- Limitation on districts providing jail service.
(1) A special service district:
(a) is:
(i) a body corporate and politic with perpetual succession, separate and distinct from
the county or municipality that creates it;
(ii) a quasi-municipal corporation; and
(iii) a political subdivision of the state; and
(b) may sue and be sued.
(2) A special service district may:
(a) exercise the power of eminent domain possessed by the county or municipality that
creates the special service district;
(b) enter into a contract that the governing authority considers desirable to carry out
special service district functions, including a contract:
(i) with the United States or an agency of the United States, the state, an institution of
higher education, a county, a municipality, a school district, a [
local
] 
special
 district, another
special service district, or any other political subdivision of the state; or
(ii) that includes provisions concerning the use, operation, and maintenance of special
service district facilities and the collection of fees or charges with respect to commodities,
services, or facilities that the district provides;
(c) acquire or construct facilities;
(d) acquire real or personal property, or an interest in real or personal property,
including water and water rights, whether by purchase, lease, gift, devise, bequest, or
otherwise, and whether the property is located inside or outside the special service district, and
own, hold, improve, use, finance, or otherwise deal in and with the property or property right;
(e) sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the
special service district's property or assets, including water and water rights;
(f) mortgage, pledge, or otherwise encumber all or any part of the special service
district's property or assets, including water and water rights;
(g) enter into a contract with respect to the use, operation, or maintenance of all or any
part of the special service district's property or assets, including water and water rights;
(h) accept a government grant or loan and comply with the conditions of the grant or
loan;
(i) use an officer, employee, property, equipment, office, or facility of the county or
municipality that created the special service district, subject to reimbursement as provided in
Subsection (4);
(j) employ one or more officers, employees, or agents, including one or more
engineers, accountants, attorneys, or financial consultants, and establish their compensation;
(k) designate an assessment area and levy an assessment as provided in Title 11,
Chapter 42, Assessment Area Act;
(l) contract with a franchised, certificated public utility for the construction and
operation of an electrical service distribution system within the special service district;
(m) borrow money and incur indebtedness;
(n) as provided in Part 5, Special Service District Bonds, issue bonds for the purpose of
acquiring, constructing, and equipping any of the facilities required for the services the special
service district is authorized to provide, including:
(i) bonds payable in whole or in part from taxes levied on the taxable property in the
special service district;
(ii) bonds payable from revenues derived from the operation of revenue-producing
facilities of the special service district;
(iii) bonds payable from both taxes and revenues;
(iv) guaranteed bonds, payable in whole or in part from taxes levied on the taxable
property in the special service district;
(v) tax anticipation notes;
(vi) bond anticipation notes;
(vii) refunding bonds;
(viii) special assessment bonds; and
(ix) bonds payable in whole or in part from mineral lease payments as provided in
Section 
11-14-308
;
(o) except as provided in Subsection (5), impose fees or charges or both for
commodities, services, or facilities that the special service district provides;
(p) provide to an area outside the special service district's boundary, whether inside or
outside the state, a service that the special service district is authorized to provide within its
boundary, if the governing body makes a finding that there is a public benefit to providing the
service to the area outside the special service district's boundary;
(q) provide other services that the governing body determines will more effectively
carry out the purposes of the special service district; and
(r) adopt an official seal for the special service district.
(3) (a) Each special service district shall register and maintain the special service
district's registration as a limited purpose entity, in accordance with Section 
67-1a-15
.
(b) A special service district that fails to comply with Subsection (3)(a) or Section
67-1a-15
 is subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
(4) Each special service district that uses an officer, employee, property, equipment,
office, or facility of the county or municipality that created the special service district shall
reimburse the county or municipality a reasonable amount for what the special service district
uses.
(5) (a) A special service district that provides jail service as provided in Subsection
17D-1-201
(10) may not impose a fee or charge for the service it provides.
(b) Subsection (5)(a) may not be construed to limit a special service district that
provides jail service from:
(i) entering into a contract with the federal government, the state, or a political
subdivision of the state to provide jail service for compensation; or
(ii) receiving compensation for jail service it provides under a contract described in
Subsection (5)(b)(i).
Section 203. Section 
17D-1-106
 is amended to read:
17D-1-106.
Special service districts subject to other provisions.
(1) A special service district is, to the same extent as if it were a [
local
] 
special
 district,
subject to and governed by:
(a) (i) Sections 
17B-1-105
, 
17B-1-107
, 
17B-1-108
, 
17B-1-110
, 
17B-1-111
, 
17B-1-113
,
17B-1-116
, 
17B-1-118
, 
17B-1-119
, 
17B-1-120
, 
17B-1-121
, 
17B-1-304
, 
17B-1-307
,
17B-1-310
, 
17B-1-311
, 
17B-1-312
, 
17B-1-313
, and 
17B-1-314
; and
(ii) Sections 
17B-1-305
 and 
17B-1-306
, to the extent that a county legislative body or a
municipal legislative body, as applicable, has delegated authority to an administrative control
board with elected members, under Section 
17D-1-301
.
(b) Subsections:
(i) 
17B-1-301
(3) and (4); and
(ii) 
17B-1-303
(1), (2)(a) and (b), (3), (4), (5), (6), (7), and (9);
(c) Section 
20A-1-512
;
(d) [
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts
] 
Title 17B,
Chapter 1, Part 6, Fiscal Procedures for Special Districts
;
(e) [
Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports
] 
Title 17B,
Chapter 1, Part 7, Special District Budgets and Audit Reports
;
(f) [
Title 17B, Chapter 1, Part 8, Local District Personnel Management
] 
Title 17B,
Chapter 1, Part 8, Special District Personnel Management
; and
(g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
(2) For purposes of applying the provisions listed in Subsection (1) to a special service
district, each reference in those provisions to the [
local
] 
special
 district board of trustees means
the governing body.
Section 204. Section 
17D-1-202
 is amended to read:
17D-1-202.
Limitations on the creation of a special service district.
(1) Subject to Subsection (2), the boundary of a proposed special service district may
include all or part of the area within the boundary of the county or municipality that creates the
special service district.
(2) (a) The boundary of a proposed special service district may not include an area
included within the boundary of an existing special service district that provides the same
service that the proposed special service district is proposed to provide.
(b) The boundary of a proposed special service district may not include an area
included within the boundary of an existing [
local
] 
special
 district that provides the same
service that the proposed special service district is proposed to provide, unless the [
local
]
special
 district consents.
(c) A proposed special service district may not include land that will not be benefitted
by the service that the special service district is proposed to provide, unless the owner of the
nonbenefitted land consents to the inclusion.
(d) A county may not create a special service district that includes some or all of the
area within a municipality unless the legislative body of that municipality adopts a resolution or
ordinance consenting to the inclusion.
(3) All areas included within a special service district need not be contiguous.
Section 205. Section 
17D-1-303
 is amended to read:
17D-1-303.
Election or appointment of administrative control board members.
(1) Except as provided in Subsection (5), a county or municipal legislative body that
creates an administrative control board may provide for board members to be elected or
appointed, or for some members to be elected and some appointed.
(2) Except as provided in Subsection (3), each member of an administrative control
board shall be elected or appointed as provided for the election or appointment, respectively, of
a member of a board of trustees of a [
local
] 
special
 district under Title 17B, Chapter 1, Part 3,
Board of Trustees.
(3) A municipality or improvement district under Title 17B, Chapter 2a, Part 4,
Improvement District Act, may appoint one member to represent it on an administrative control
board created for a special service district if:
(a) the special service district was created by a county;
(b) the municipality or improvement district:
(i) provides the same service as the special service district; or
(ii) provided the same service as the special service district:
(A) prior to the creation of the special service district, if all or part of the municipality
or improvement district was then included in the special service district; or
(B) prior to all or part of the municipality or improvement district being annexed into
the special service district; and
(c) the special service district includes some or all of the area included within the
municipality or improvement district.
(4) An institution of higher education for which a special service district provides
commodities, services, or facilities may appoint the number of members of an administrative
control board of that special service district that are equal in number to at least 1/3 of the total
number of board members.
(5) With respect to an administrative control board created for a special service district
created by a county of the first class to provide jail service as provided in Subsection
17D-1-201
(10), the county legislative body shall appoint:
(a) three members from a list of at least six recommendations from the county sheriff;
(b) three members from a list of at least six recommendations from municipalities
within the county; and
(c) three members from a list of at least six recommendations from the county
executive.
Section 206. Section 
17D-1-305
 is amended to read:
17D-1-305.
Compensation for administrative control board members.
An administrative control board member may receive compensation and reimbursement
of expenses as provided in Section 
17B-1-307
 to the same extent as if the member were a
member of a board of trustees of a [
local
] 
special
 district.
Section 207. Section 
17D-1-401
 is amended to read:
17D-1-401.
Annexing an area or adding a service to an existing special service
district.
(1) Except as provided in Subsections (3) and (4), a county or municipal legislative
body acting as the governing body of the special service district may, as provided in this part:
(a) annex an area to an existing special service district to provide to that area a service
that the special service district is authorized to provide;
(b) add a service under Section 
17D-1-201
 within the area of an existing special service
district that the special service district is not already authorized to provide; or
(c) both annex an area under Subsection (1)(a) and add a service under Subsection
(1)(b).
(2) Except for Section 
17D-1-209
, the provisions of Part 2, Creating a Special Service
District, apply to and govern the process of annexing an area to an existing special service
district or adding a service that the special service district is not already authorized to provide,
to the same extent as if the annexation or addition were the creation of a special service district.
(3) A county or municipal legislative body may not:
(a) annex an area to an existing special service district if a [
local
] 
special
 district
provides to that area the same service that the special service district is proposed to provide to
the area, unless the [
local
] 
special
 district consents to the annexation; or
(b) add a service within the area of an existing special service district if a [
local
]
special
 district provides to that area the same service that is proposed to be added, unless the
[
local
] 
special
 district consents to the addition.
(4) A county or municipal legislative body may not annex an area to an existing special
service district or add a service within the area of an existing special service district if the
creation of a special service district including that area or providing that service would not be
allowed under Part 2, Creating a Special Service District.
(5) A county or municipal legislative body may not annex an area to an existing special
service district or add a service within the area of an existing special service district if the area
is located within a project area described in a project area plan adopted by the military
installation development authority under Title 63H, Chapter 1, Military Installation
Development Authority Act, unless the county or municipal legislative body has first obtained
the authority's approval.
Section 208. Section 
17D-1-601
 is amended to read:
17D-1-601.
Adoption of a resolution to approve withdrawal, dissolution, 
discontinuance of a service, or reorganization.
Subject to and as provided in this part, the legislative body of the county or
municipality that created a special service district may by resolution:
(1) approve the withdrawal of an area from the special service district if the legislative
body determines that the area should not or cannot be provided the service that the special
service district provides;
(2) approve the dissolution of the special service district if the legislative body
determines that the special service district is no longer needed for the purposes for which it was
created;
(3) discontinue a service that the special service district provides; or
(4) reorganize the special service district as a [
local
] 
special
 district.
Section 209. Section 
17D-1-603
 is amended to read:
17D-1-603.
Notice and plat to lieutenant governor -- Recording requirements.
(1) If a county or municipal legislative body adopts a resolution approving the
withdrawal of an area from a special service district, the dissolution of a special service district,
or the reorganization of a special service district as a [
local
] 
special
 district, the county or
municipal legislative body, as the case may be, shall:
(a) within 30 days after adopting the resolution, 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) in the case of a withdrawal, 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 withdrawal, dissolution,
or incorporation, as the case may be, under Section 
67-1a-6.5
, submit to the recorder of the
county in which the special service district is located:
(i) the original notice of an impending boundary action;
(ii) the original certificate of withdrawal or dissolution, as the case may be;
(iii) in the case of a withdrawal, the original approved final local entity plat; and
(iv) a certified copy of the resolution approving the withdrawal, dissolution, or
incorporation.
(2) (a) Upon the lieutenant governor's issuance of the certificate of withdrawal under
Section 
67-1a-6.5
, the area to be withdrawn that is the subject of the legislative body's
resolution is withdrawn from the special service district.
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under
Section 
67-1a-6.5
, the special service district is dissolved.
(3) (a) Upon the lieutenant governor's issuance of a certificate of incorporation as
provided in Section 
67-1a-6.5
, the special service district is:
(i) reorganized and incorporated as a [
local
] 
special
 district subject to the provisions of
[
Title 17B, Chapter 1, Provisions Applicable to All Local Districts
] 
Title 17B, Chapter 1,
Provisions Applicable to All Special Districts
;
(ii) subject to Subsection (3)(b), if the special service district is reorganized as a [
local
]
special
 district described in and subject to [
Title 17B, Chapter 2a, Provisions Applicable to
Different Types of Local Districts
] 
Title 17B, Chapter 2a, Provisions Applicable to Different
Types of Special Districts
, the applicable part of that chapter; and
(iii) no longer a special service district.
(b) A special service district reorganized as a [
local
] 
special
 district is a basic [
local
]
special
 district as provided in [
Title 17B, Chapter 1, Part 14, Basic Local District
] 
Title 17B,
Chapter 1, Part 14, Basic Special District
, unless the resolution adopted in accordance with
Subsection 
17D-1-604
(5):
(i) specifies that the reorganized [
local
] 
special
 district is a different type of [
local
]
special
 district other than a basic [
local
] 
special
 district; and
(ii) states the type of that [
local
] 
special
 district, including the governing part in [
Title
17B, Chapter 2a, Provisions Applicable to Different Types of Local Districts
] 
Title 17B,
Chapter 2a, Provisions Applicable to Different Types of Special Districts
.
Section 210. Section 
17D-1-604
 is amended to read:
17D-1-604.
Reorganization as a special district.
(1) The legislative body of a county or municipality that has created a special service
district may reorganize the special service district as a [
local
] 
special
 district in accordance
with this section.
(2) The process to reorganize a special service district as a [
local
] 
special
 district is
initiated if the legislative body of the county or municipality that originally created the special
service district adopts a resolution that:
(a) indicates the legislative body's intent to reorganize the special service district as a
[
local
] 
special
 district; and
(b) complies with the requirements of Subsection (3).
(3) A resolution to initiate reorganization described in Subsection (2) shall:
(a) state the name of the special service district that is proposed to be reorganized as a
[
local
] 
special
 district;
(b) generally describe the boundaries of the special service district, whether or not
those boundaries coincide with the boundaries of the creating county or municipality; and
(c) specify each service that the special service district is authorized to provide.
(4) After adopting the resolution described in Subsection (3), the legislative body of the
county or municipality that created the special service district shall hold a public hearing
following the notice requirements of Section 
17D-1-205
 applicable to the creation of a special
service district, with changes as appropriate for the reorganization of the special service district
as a [
local
] 
special
 district.
(5) (a) At or following the public hearing, the county or municipal legislative body
shall:
(i) subject to Subsection (5)(b), adopt a resolution approving the reorganization of the
special service district as a [
local
] 
special
 district; or
(ii) abandon the reorganization.
(b) A resolution approving reorganization shall:
(i) state the name of the special service district that is being reorganized as a [
local
]
special
 district;
(ii) state the name of the [
local
] 
special
 district in accordance with Subsection (7);
(iii) subject to Subsection (5)(c), describe the boundaries of the [
local
] 
special
 district;
(iv) subject to Subsection (8)(a), specify the service or services to be provided by the
[
local
] 
special
 district;
(v) state:
(A) whether the [
local
] 
special
 district is a different type of [
local
] 
special
 district other
than a basic [
local
] 
special
 district; and
(B) if the reorganized [
local
] 
special
 district is not a basic [
local
] 
special
 district, the
type of [
local
] 
special
 district, including the governing part in [
Title 17B, Chapter 2a,
Provisions Applicable to Different Types of Local Districts
] 
Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Special Districts
;
(vi) state whether the [
local
] 
special
 district is to be governed by an appointed or an
elected board of trustees, or a combination of appointed and elected trustees, in accordance
with Title 17B, Chapter 1, Part 3, Board of Trustees;
(vii) state whether an administrative control board established for the special service
district that is being reorganized as a [
local
] 
special
 district will serve as the first board of
trustees of the [
local
] 
special
 district; and
(viii) contain additional provisions as necessary.
(c) The boundaries of the [
local
] 
special
 district shall reflect the boundaries of the
reorganized special service district.
(6) A county may not reorganize a special service district as a [
local
] 
special
 district to
include some or all of the area within a municipality unless the legislative body of the
municipality adopts a resolution or ordinance consenting to the reorganization.
(7) The name of the [
local
] 
special
 district:
(a) shall comply with Subsection 
17-50-103
(2)(a); and
(b) may not include the phrase "special service district."
(8) A [
local
] 
special
 district created under this section may not provide:
(a) (i) at the time of reorganization, a service that it could not have provided as the
special service district prior to reorganization; or
(ii) after reorganization, an additional service listed in Section 
17B-1-202
, unless the
[
local
] 
special
 district adds the service in accordance with the provisions of [
Title 17B, Chapter
1, Provisions Applicable to All Local Districts
] 
Title 17B, Chapter 1, Provisions Applicable to
All Special Districts
; and
(b) more than four of the services listed in Section 
17B-1-202
 at any time.
(9) After the lieutenant governor issues, in accordance with Section 
67-1a-6.5
, a
certificate of incorporation for a [
local
] 
special
 district created under this section, the [
local
]
special
 district:
(a) is:
(i) a body corporate and politic with perpetual succession;
(ii) a quasi-municipal corporation; and
(iii) a political subdivision of the state as provided in Section 
17B-1-103
; and
(b) may, subject to Subsection (8), provide a service that:
(i) the special service district was authorized to provide before reorganization; and
(ii) the [
local
] 
special
 district is authorized to provide under the resolution adopted in
accordance with Subsection (5).
(10) An action taken, a bond issued, or a contract or other obligation entered into by
the reorganized special service district before reorganization is a valid action, bond issuance,
contract, or other obligation of the [
local
] 
special
 district.
(11) A [
local
] 
special
 district created under this section:
(a) may impose and collect taxes, fees, and other charges for services provided in
accordance with applicable law;
(b) shall own all property acquired by the special service district before reorganization;
and
(c) shall have a power, right, or obligation that the reorganized special service district
had before the reorganization, unless otherwise provided by law.
Section 211. Section 
17D-2-102
 is amended to read:
17D-2-102.
Definitions.
As used in this chapter:
(1) "Authority board" means the board of directors of a local building authority, as
described in Section 
17D-2-203
.
(2) "Bond" includes a bond, note, or other instrument issued under this chapter
evidencing an indebtedness of a local building authority.
(3) "Creating local entity" means the local entity that creates or created the local
building authority.
(4) "Governing body" means:
(a) for a county, city, or town, the legislative body of the county, city, or town;
(b) for a school district, the local school board for the school district;
(c) for a [
local
] 
special
 district, the [
local
] 
special
 district's board of trustees; and
(d) for a special service district, the special service district's governing body, as defined
in Section 
17D-1-102
.
(5) "Local building authority":
(a) means a nonprofit corporation that is:
(i) created as provided in Section 
17D-2-201
;
(ii) described in Section 
17D-2-103
; and
(iii) subject to and governed by the provisions of this chapter; and
(b) includes a nonprofit corporation created as a municipal building authority before
May 5, 2008 under the law then in effect.
[
(6) "Local district" has the same meaning as provided in Section 
17B-1-102
.
]
[
(7)
] 
(6)
 "Local entity" means a county, city, town, school district, [
local
] 
special
district, or special service district.
[
(8)
] 
(7)
 "Mortgage" means any instrument under which property may be encumbered
as security for an obligation, including a mortgage, trust deed, indenture, pledge, assignment,
security agreement, and financing statement.
[
(9)
] 
(8)
 "Project" means an improvement, facility, property, or appurtenance to
property that a local entity is permitted under law to own or acquire, whether located inside or
outside the local entity's boundary, including:
(a) a public building or other structure of any kind; and
(b) a joint or partial interest in the improvement, facility, property, or appurtenance to
property.
[
(10)
] 
(9)
 "Project costs":
(a) means all costs incurred in the development of a project; and
(b) includes:
(i) organizational and incorporation fees, including filing, legal, and financial advisor
fees;
(ii) the cost of a site for the project;
(iii) the cost of equipment and furnishings for the project;
(iv) the cost of planning and designing the project, including architectural, planning,
engineering, legal, and fiscal advisor fees;
(v) contractor fees associated with the project;
(vi) the cost of issuing local building authority bonds to finance the project, including
printing costs, document preparation costs, filing fees, recording fees, legal and other
professional fees, underwriting costs, bond discount costs, any premium on the bonds, and any
fees required to be paid to retire outstanding bonds;
(vii) interest on local building authority bonds issued to finance the project;
(viii) carrying costs;
(ix) interest estimated to accrue on local building authority bonds during the period of
construction of the project and for 12 months after;
(x) any amount the governing body finds necessary to establish one or more reserve
funds;
(xi) any amount the governing body finds necessary to provide working capital for the
project;
(xii) all costs of transferring title of the project to the creating local entity;
(xiii) all costs of dissolving the local building authority; and
(xiv) all other reasonable costs associated with the project.
(10) "Special district" means the same as that term is defined in Section 
17B-1-102
.
(11) "Special service district" [
has the same meaning as provided
] 
means the same as
that term is defined
 in Section 
17D-1-102
.
Section 212. Section 
17D-2-108
 is amended to read:
17D-2-108.
Other statutory provisions.
(1) This chapter is supplemental to existing laws relating to a local entity's acquisition,
use, maintenance, management, or operation of a project.
(2) Except as provided in this chapter, a local entity or local building authority that
complies with the provisions of this chapter need not comply with any other statutory provision
concerning the acquisition, construction, use, or maintenance of a project, including:
(a) a statute relating to public bidding; and
(b) Title 63G, Chapter 6a, Utah Procurement Code.
(3) A local building authority is, to the same extent as if it were a [
local
] 
special
district, subject to and governed by:
(a) [
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts
] 
Title 17B,
Chapter 1, Part 6, Fiscal Procedures for Special Districts
;
(b) [
Title 17B, Chapter 1, Part 8, Local District Personnel Management
] 
Title 17B,
Chapter 1, Part 8, Special District Personnel Management
; and
(c) Section 
17B-1-108
.
Section 213. Section 
17D-3-105
 is amended to read:
17D-3-105.
Conservation districts subject to other provisions.
(1) Subject to Subsection (3), a conservation district is, to the same extent as if it were
a [
local
] 
special
 district, subject to and governed by:
(a) Sections 
17B-1-105
, 
17B-1-107
, 
17B-1-108
, 
17B-1-110
, 
17B-1-113
, 
17B-1-116
,
17B-1-121
, 
17B-1-307
, 
17B-1-311
, 
17B-1-313
, and 
17B-1-314
;
(b) [
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts
] 
Title 17B,
Chapter 1, Part 6, Fiscal Procedures for Special Districts
;
(c) [
Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports
] 
Title 17B,
Chapter 1, Part 7, Special District Budgets and Audit Reports
;
(d) [
Title 17B, Chapter 1, Part 8, Local District Personnel Management
] 
Title 17B,
Chapter 1, Part 8, Special District Personnel Management
; and
(e) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
(2) For purposes of applying the provisions listed in Subsection (1) to a conservation
district, each reference in those provisions to the [
local
] 
special
 district board of trustees means
the board of supervisors described in Section 
17D-3-301
.
(3) A conservation district may not exercise taxing authority.
Section 214. Section 
17D-4-102
 is amended to read:
17D-4-102.
Definitions.
As used in this chapter:
(1) "Board" means the board of trustees of a public infrastructure district.
(2) "Creating entity" means the county, municipality, or development authority that
approves the creation of a public infrastructure district.
(3) "Development authority" means:
(a) the Utah Inland Port Authority created in Section 
11-58-201
;
(b) the Point of the Mountain State Land Authority created in Section 
11-59-201
; or
(c) the military installation development authority created in Section 
63H-1-201
.
(4) "District applicant" means the person proposing the creation of a public
infrastructure district.
(5) "Division" means a division of a public infrastructure district:
(a) that is relatively equal in number of eligible voters or potential eligible voters to all
other divisions within the public infrastructure district, taking into account existing or potential
developments which, when completed, would increase or decrease the population within the
public infrastructure district; and
(b) which a member of the board represents.
(6) "Governing document" means the document governing a public infrastructure
district to which the creating entity agrees before the creation of the public infrastructure
district, as amended from time to time, and subject to the limitations of [
Title 17B, Chapter 1,
Provisions Applicable to All Local Districts
] 
Title 17B, Chapter 1, Provisions Applicable to
All Special Districts
, and this chapter.
(7) (a) "Limited tax bond" means a bond:
(i) that is directly payable from and secured by ad valorem property taxes that are
levied:
(A) by a public infrastructure district that issues the bond; and
(B) on taxable property within the district;
(ii) that is a general obligation of the public infrastructure district; and
(iii) for which the ad valorem property tax levy for repayment of the bond does not
exceed the property tax levy rate limit established under Section 
17D-4-303
 for any fiscal year,
except as provided in Subsection 
17D-4-301
(8).
(b) "Limited tax bond" does not include:
(i) a short-term bond;
(ii) a tax and revenue anticipation bond; or
(iii) a special assessment bond.
(8) "Public infrastructure and improvements" means:
(a) the same as that term is defined in Section 
11-58-102
, for a public infrastructure
district created by the Utah Inland Port Authority created in Section 
11-58-201
; and
(b) the same as that term is defined in Section 
63H-1-102
, for a public infrastructure
district created by the military installation development authority created in Section 
63H-1-201
.
Section 215. Section 
17D-4-103
 is amended to read:
17D-4-103.
Provisions applicable to public infrastructure districts.
(1) Each public infrastructure district is governed by and has the powers stated in:
(a) this chapter; and
(b) [
Title 17B, Chapter 1, Provisions Applicable to All Local Districts
] 
Title 17B,
Chapter 1, Provisions Applicable to All Special Districts
.
(2) This chapter applies only to a public infrastructure district.
(3) Except as modified or exempted by this chapter, a public infrastructure district is,
to the same extent as if the public infrastructure district were a [
local
] 
special
 district, subject to
the provisions in:
(a) [
Title 17B, Chapter 1, Provisions Applicable to All Local Districts
] 
Title 17B,
Chapter 1, Provisions Applicable to All Special Districts
; and
(b) Title 20A, Election Code.
(4) If there is a conflict between a provision in [
Title 17B, Chapter 1, Provisions
Applicable to All Local Districts
] 
Title 17B, Chapter 1, Provisions Applicable to All Special
Districts
, and a provision in this chapter, the provision in this chapter supersedes the
conflicting provision in [
Title 17B, Chapter 1, Provisions Applicable to All Local Districts
]
Title 17B, Chapter 1, Provisions Applicable to All Special Districts
.
(5) The annexation of an unincorporated area by a municipality or the adjustment of a
boundary shared by more than one municipality does not affect the boundaries of a public
infrastructure district.
Section 216. Section 
17D-4-201
 is amended to read:
17D-4-201.
Creation -- Annexation or withdrawal of property.
(1) (a) Except as provided in Subsection (1)(b), Subsection (2), and in addition to the
provisions regarding creation of a [
local
] 
special
 district in [
Title 17B, Chapter 1, Provisions
Applicable to All Local Districts
] 
Title 17B, Chapter 1, Provisions Applicable to All Special
Districts
, a public infrastructure district may not be created unless:
(i) if there are any registered voters within the applicable area, a petition is filed with
the creating entity that contains the signatures of 100% of registered voters within the
applicable area approving the creation of the public infrastructure district; and
(ii) a petition is filed with the creating entity that contains the signatures of 100% of
surface property owners within the applicable area consenting to the creation of the public
infrastructure district.
(b) Notwithstanding [
Title 17B, Chapter 1, Part 2, Creation of a Local District
] 
Title
17B, Chapter 1, Part 2, Creation of a Special District
, and any other provision of this chapter,
the development authority may adopt a resolution creating a public infrastructure district as a
subsidiary of the development authority if all owners of surface property proposed to be
included within the public infrastructure district consent in writing to the creation of the public
infrastructure district.
(2) (a) The following do not apply to the creation of a public infrastructure district:
(i) Section 
17B-1-203
;
(ii) Section 
17B-1-204
;
(iii) Subsection 
17B-1-208
(2);
(iv) Section 
17B-1-212
; or
(v) Section 
17B-1-214
.
(b) The protest period described in Section 
17B-1-213
 may be waived in whole or in
part with the consent of:
(i) 100% of registered voters within the applicable area approving the creation of the
public infrastructure district; and
(ii) 100% of the surface property owners within the applicable area approving the
creation of the public infrastructure district.
(c) If the protest period is waived under Subsection (2)(b), a resolution approving the
creation of the public infrastructure district may be adopted in accordance with Subsection
17B-1-213
(5).
(d) A petition meeting the requirements of Subsection (1):
(i) may be certified under Section 
17B-1-209
; and
(ii) shall be filed with the lieutenant governor in accordance with Subsection
17B-1-215
(1)(b)(iii).
(3) (a) Notwithstanding Title 17B, Chapter 1, Part 4, Annexation, an area outside of the
boundaries of a public infrastructure district may be annexed into the public infrastructure
district if the following requirements are met:
(i) (A) adoption of resolutions of the board and the creating entity, each approving of
the annexation; or
(B) adoption of a resolution of the board to annex the area, provided that the governing
document or creation resolution for the public infrastructure district authorizes the board to
annex an area outside of the boundaries of the public infrastructure district without future
consent of the creating entity;
(ii) if there are any registered voters within the area proposed to be annexed, a petition
is filed with the creating entity that contains the signatures of 100% of registered voters within
the area, demonstrating that the registered voters approve of the annexation into the public
infrastructure district; and
(iii) a petition is filed with the creating entity that contains the signatures of 100% of
surface property owners within the area proposed to be annexed, demonstrating the surface
property owners' consent to the annexation into the public infrastructure district.
(b) Within 30 days of meeting the requirements of Subsection (3)(a), the board shall
file with the lieutenant governor:
(i) a copy of a notice of 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
.
(4) (a) Notwithstanding Title 17B, Chapter 1, Part 5, Withdrawal, property may be
withdrawn from a public infrastructure district if the following requirements are met:
(i) (A) adoption of resolutions of the board and the creating entity, each approving of
the withdrawal; or
(B) adoption of a resolution of the board to withdraw the property, provided that the
governing document or creation resolution for the public infrastructure district authorizes the
board to withdraw property from the public infrastructure district without further consent from
the creating entity;
(ii) if there are any registered voters within the area proposed to be withdrawn, a
petition is filed with the creating entity that contains the signatures of 100% of registered voters
within the area, demonstrating that the registered voters approve of the withdrawal from the
public infrastructure district; and
(iii) a petition is filed with the creating entity that contains the signatures of 100% of
surface property owners within the area proposed to be withdrawn, demonstrating that the
surface property owners consent to the withdrawal from the public infrastructure district.
(b) If any bonds that the public infrastructure district issues are allocable to the area to
be withdrawn remain unpaid at the time of the proposed withdrawal, the property remains
subject to any taxes, fees, or assessments that the public infrastructure district imposes until the
bonds or any associated refunding bonds are paid.
(c) Upon meeting the requirements of Subsections (4)(a) and (b), the board shall
comply with the requirements of Section 
17B-1-512
.
(5) A creating entity may impose limitations on the powers of a public infrastructure
district through the governing document.
(6) (a) A public infrastructure district is separate and distinct from the creating entity.
(b) (i) Except as provided in Subsection (6)(b)(ii), any financial burden of a public
infrastructure district:
(A) is borne solely by the public infrastructure district; and
(B) is not borne by the creating entity, by the state, or by any municipality, county, or
other political subdivision.
(ii) Notwithstanding Subsection (6)(b)(i) and Section 
17B-1-216
, the governing
document may require:
(A) the district applicant to bear the initial costs of the public infrastructure district;
and
(B) the public infrastructure district to reimburse the district applicant for the initial
costs the creating entity bears.
(c) Any liability, judgment, or claim against a public infrastructure district:
(i) is the sole responsibility of the public infrastructure district; and
(ii) does not constitute a liability, judgment, or claim against the creating entity, the
state, or any municipality, county, or other political subdivision.
(d) (i) (A) The public infrastructure district solely bears the responsibility of any
collection, enforcement, or foreclosure proceeding with regard to any tax, fee, or assessment
the public infrastructure district imposes.
(B) The creating entity does not bear the responsibility described in Subsection
(6)(d)(i)(A).
(ii) A public infrastructure district, and not the creating entity, shall undertake the
enforcement responsibility described in, as applicable, Subsection (6)(d)(i) in accordance with
Title 59, Chapter 2, Property Tax Act, or Title 11, Chapter 42, Assessment Area Act.
(7) A creating entity may establish criteria in determining whether to approve or
disapprove of the creation of a public infrastructure district, including:
(a) historical performance of the district applicant;
(b) compliance with the creating entity's master plan;
(c) credit worthiness of the district applicant;
(d) plan of finance of the public infrastructure district; and
(e) proposed development within the public infrastructure district.
(8) (a) The creation of a public infrastructure district is subject to the sole discretion of
the creating entity responsible for approving or rejecting the creation of the public
infrastructure district.
(b) The proposed creating entity bears no liability for rejecting the proposed creation of
a public infrastructure district.
Section 217. Section 
17D-4-203
 is amended to read:
17D-4-203.
Public infrastructure district powers.
A public infrastructure district shall have all of the authority conferred upon a [
local
]
special
 district under Section 
17B-1-103
, and in addition a public infrastructure district may:
(1) issue negotiable bonds to pay:
(a) all or part of the costs of acquiring, acquiring an interest in, improving, or extending
any of the improvements, facilities, or property allowed under Section 
11-14-103
;
(b) capital costs of improvements in an energy assessment area, as defined in Section
11-42a-102
, and other related costs, against the funds that the public infrastructure district will
receive because of an assessment in an energy assessment area, as defined in Section
11-42a-102
;
(c) public improvements related to the provision of housing;
(d) capital costs related to public transportation; and
(e) for a public infrastructure district created by a development authority, the cost of
acquiring or financing public infrastructure and improvements;
(2) enter into an interlocal agreement in accordance with Title 11, Chapter 13,
Interlocal Cooperation Act, provided that the interlocal agreement may not expand the powers
of the public infrastructure district, within the limitations of Title 11, Chapter 13, Interlocal
Cooperation Act, without the consent of the creating entity;
(3) acquire completed or partially completed improvements for fair market value as
reasonably determined by:
(a) the board;
(b) the creating entity, if required in the governing document; or
(c) a surveyor or engineer that a public infrastructure district employs or engages to
perform the necessary engineering services for and to supervise the construction or installation
of the improvements;
(4) contract with the creating entity for the creating entity to provide administrative
services on behalf of the public infrastructure district, when agreed to by both parties, in order
to achieve cost savings and economic efficiencies, at the discretion of the creating entity; and
(5) for a public infrastructure district created by a development authority:
(a) (i) operate and maintain public infrastructure and improvements the district
acquires or finances; and
(ii) use fees, assessments, or taxes to pay for the operation and maintenance of those
public infrastructure and improvements; and
(b) issue bonds under Title 11, Chapter 42, Assessment Area Act.
Section 218. Section 
17D-4-204
 is amended to read:
17D-4-204.
Relation to other local entities.
(1) Notwithstanding the creation of a public infrastructure district, the creating entity
and any other public entity, as applicable, retains all of the entity's authority over all zoning,
planning, design specifications and approvals, and permitting within the public infrastructure
district.
(2) The inclusion of property within the boundaries of a public infrastructure district
does not preclude the inclusion of the property within any other [
local
] 
special
 district.
(3) (a) All infrastructure that is connected to another public entity's system:
(i) belongs to that public entity, regardless of inclusion within the boundaries of a
public infrastructure district, unless the public infrastructure district and the public entity
otherwise agree; and
(ii) shall comply with the design, inspection requirements, and other standards of the
public entity.
(b) A public infrastructure district shall convey or transfer the infrastructure described
in Subsection (3)(a) free of liens or financial encumbrances to the public entity at no cost to the
public entity.
Section 219. Section 
17D-4-301
 is amended to read:
17D-4-301.
Public infrastructure district bonds.
(1) (a) Subject to Subsection (1)(b), a public infrastructure district may issue negotiable
bonds for the purposes described in Section 
17D-4-203
, as provided in, as applicable:
(i) Title 11, Chapter 14, Local Government Bonding Act;
(ii) Title 11, Chapter 27, Utah Refunding Bond Act;
(iii) Title 11, Chapter 42, Assessment Area Act; and
(iv) this section.
(b) A public infrastructure district created by a bonding political subdivision, as
defined in Section 
63C-25-101
, may not issue bonds under this part unless the board first:
(i) adopts a parameters resolution for the bonds that sets forth:
(A) the maximum:
(I) amount of bonds;
(II) term; and
(III) interest rate; and
(B) the expected security for the bonds; and
(ii) submits the parameters resolution for review and recommendation to the State
Finance Review Commission created in Section 
63C-25-201
.
(2) A public infrastructure district bond:
(a) shall mature within 40 years of the date of issuance; and
(b) may not be secured by any improvement or facility paid for by the public
infrastructure district.
(3) (a) A public infrastructure district may issue a limited tax bond, in the same manner
as a general obligation bond:
(i) with the consent of 100% of surface property owners within the boundaries of the
public infrastructure district and 100% of the registered voters, if any, within the boundaries of
the proposed public infrastructure district; or
(ii) upon approval of a majority of the registered voters within the boundaries of the
public infrastructure district voting in an election held for that purpose under Title 11, Chapter
14, Local Government Bonding Act.
(b) A limited tax bond described in Subsection (3)(a):
(i) is not subject to the limitation on a general obligation bond described in Subsection
[
17B-1-1102
(4)(a)(xii)
] 
17B-1-1102
(4)
; and
(ii) is subject to a limitation, if any, on the principal amount of indebtedness as
described in the governing document.
(c) Unless limited tax bonds are initially purchased exclusively by one or more
qualified institutional buyers as defined in Rule 144A, 17 C.F.R. Sec. 230.144A, the public
infrastructure district may only issue limited tax bonds in denominations of not less than
$500,000, and in integral multiples above $500,000 of not less than $1,000 each.
(d) (i) Without any further election or consent of property owners or registered voters,
a public infrastructure district may convert a limited tax bond described in Subsection (3)(a) to
a general obligation bond if the principal amount of the related limited tax bond together with
the principal amount of other related outstanding general obligation bonds of the public
infrastructure district does not exceed 15% of the fair market value of taxable property in the
public infrastructure district securing the general obligation bonds, determined by:
(A) an appraisal from an appraiser who is a member of the Appraisal Institute that is
addressed to the public infrastructure district or a financial institution; or
(B) the most recent market value of the property from the assessor of the county in
which the property is located.
(ii) The consent to the issuance of a limited tax bond described in Subsection (3)(a) is
sufficient to meet any statutory or constitutional election requirement necessary for the
issuance of the limited tax bond and any general obligation bond to be issued in place of the
limited tax bond upon meeting the requirements of this Subsection (3)(d).
(iii) A general obligation bond resulting from a conversion of a limited tax bond under
this Subsection (3)(d) is not subject to the limitation on general obligation bonds described in
Subsection 
17B-1-1102
(4)(a)(xii).
(e) A public infrastructure district that levies a property tax for payment of debt service
on a limited tax bond issued under this section is not required to comply with the notice and
hearing requirements of Section 
59-2-919
 unless the rate exceeds the rate established in:
(i) Section 
17D-4-303
, except as provided in Subsection (8);
(ii) the governing document; or
(iii) the documents relating to the issuance of the limited tax bond.
(4) There is no limitation on the duration of revenues that a public infrastructure
district may receive to cover any shortfall in the payment of principal of and interest on a bond
that the public infrastructure district issues.
(5) A public infrastructure district is not a municipal corporation for purposes of the
debt limitation of Utah Constitution, Article XIV, Section 4.
(6) The board may, by resolution, delegate to one or more officers of the public
infrastructure district the authority to:
(a) in accordance and within the parameters set forth in a resolution adopted in
accordance with Section 
11-14-302
, approve the final interest rate, price, principal amount,
maturity, redemption features, and other terms of the bond;
(b) approve and execute any document relating to the issuance of a bond; and
(c) approve any contract related to the acquisition and construction of the
improvements, facilities, or property to be financed with a bond.
(7) (a) Any person may contest the legality of the issuance of a public infrastructure
district bond or any provisions for the security and payment of the bond for a period of 30 days
after:
(i) publication of the resolution authorizing the bond; or
(ii) publication of a notice of bond containing substantially the items required under
Subsection 
11-14-316
(2).
(b) After the 30-day period described in Subsection (7)(a), no person may bring a
lawsuit or other proceeding contesting the regularity, formality, or legality of the bond for any
reason.
(8) (a) In the event of any statutory change in the methodology of assessment or
collection of property taxes in a manner that reduces the amounts which are devoted or pledged
to the repayment of limited tax bonds, a public infrastructure district may charge a rate
sufficient to receive the amount of property taxes or assessment the public infrastructure
district would have received before the statutory change in order to pay the debt service on
outstanding limited tax bonds.
(b) The rate increase described in Subsection (8)(a) may exceed the limit described in
Section 
17D-4-303
.
(c) The public infrastructure district may charge the rate increase described in
Subsection (8)(a) until the bonds, including any associated refunding bonds, or other securities,
together with applicable interest, are fully met and discharged.
(9) No later than 60 days after the closing of any bonds by a public infrastructure
district created by a bonding political subdivision, as defined in Section 
63C-25-101
, the public
infrastructure district shall report the bond issuance, including the amount of the bonds, terms,
interest rate, and security, to:
(a) the Executive Appropriations Committee; and
(b) the State Finance Review Commission created in Section 
63C-25-101
.
Section 220. Section 
20A-1-102
 is amended to read:
20A-1-102.
Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive
voter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on ballots and tabulates the results.
(3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b) "Ballot" does not include a record to tally multiple votes.
(4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature;
(b) a constitutional amendment;
(c) an initiative;
(d) a referendum;
(e) a bond proposition;
(f) a judicial retention question;
(g) an incorporation of a city or town; or
(h) any other ballot question specifically authorized by the Legislature.
(5) "Bind," "binding," or "bound" means securing more than one piece of paper
together using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6) "Board of canvassers" means the entities established by Sections 
20A-4-301
 and
20A-4-306
 to canvass election returns.
(7) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(8) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(9) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(11) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(12) "Convention" means the political party convention at which party officers and
delegates are selected.
(13) "Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(14) "Counting judge" means a poll worker designated to count the ballots during
election day.
(15) "Counting room" means a suitable and convenient private place or room for use
by the poll workers and counting judges to count ballots.
(16) "County officers" means those county officers that are required by law to be
elected.
(17) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election
occurs; and
(b) does not include:
(i) deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
Voting.
(18) "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
 or Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project;
(b) a person who is considered to be elected to a municipal office in accordance with
Subsection 
20A-1-206
(1)(c)(ii); or
(c) a person who is considered to be elected to a [
local
] 
special
 district office in
accordance with Subsection 
20A-1-206
(3)(b)(ii).
(19) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal
primary election, and a [
local
] 
special
 district election.
(20) "Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(21) "Election cycle" means the period beginning on the first day persons are eligible to
file declarations of candidacy and ending when the canvass is completed.
(22) "Election judge" means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place;
(b) act as the presiding election judge; or
(c) serve as a canvassing judge, counting judge, or receiving judge.
(23) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(c) the municipal clerk for:
(i) a municipal ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(d) the [
local
] 
special
 district clerk or chief executive officer for:
(i) a [
local
] 
special
 district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
; or
(e) the business administrator or superintendent of a school district for:
(i) a school district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
.
(24) "Election official" means any election officer, election judge, or poll worker.
(25) "Election results" means:
(a) for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b) for bond elections, the count of those votes cast for and against the bond
proposition plus any or all of the election returns that the board of canvassers may request.
(26) "Election returns" includes the pollbook, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
the total votes cast form.
(27) "Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign
the record.
(28) "Inactive voter" means a registered voter who is listed as inactive by a county
clerk under Subsection 
20A-2-306
(4)(c)(i) or (ii).
(29) "Judicial office" means the office filled by any judicial officer.
(30) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
[
(31) "Local district" means a local government entity under Title 17B, Limited
Purpose Local Government Entities - Local Districts, and includes a special service district
under Title 17D, Chapter 1, Special Service District Act.
]
[
(32) "Local district officers" means those local district board members that are
required by law to be elected.
]
[
(33)
] 
(31)
 "Local election" means a regular county election, a regular municipal
election, a municipal primary election, a local special election, a [
local
] 
special
 district election,
and a bond election.
[
(34)
] 
(32)
 "Local political subdivision" means a county, a municipality, a [
local
]
special
 district, or a local school district.
[
(35)
] 
(33)
 "Local special election" means a special election called by the governing
body of a local political subdivision in which all registered voters of the local political
subdivision may vote.
[
(36)
] 
(34)
 "Manual ballot" means a paper document produced by an election officer on
which an individual records an individual's vote by directly placing a mark on the paper
document using a pen or other marking instrument.
[
(37)
] 
(35)
 "Mechanical ballot" means a record, including a paper record, electronic
record, or mechanical record, that:
(a) is created via electronic or mechanical means; and
(b) records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
[
(38)
] 
(36)
 "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 
10-3b-102
;
(b) the mayor in the council-manager form of government defined in Subsection
10-3b-103
(7); or
(c) the chair of a metro township form of government defined in Section 
10-3b-102
.
[
(39)
] 
(37)
 "Municipal general election" means the election held in municipalities and,
as applicable, [
local
] 
special
 districts on the first Tuesday after the first Monday in November
of each odd-numbered year for the purposes established in Section 
20A-1-202
.
[
(40)
] 
(38)
 "Municipal legislative body" means:
(a) the council of the city or town in any form of municipal government; or
(b) the council of a metro township.
[
(41)
] 
(39)
 "Municipal office" means an elective office in a municipality.
[
(42)
] 
(40)
 "Municipal officers" means those municipal officers that are required by
law to be elected.
[
(43)
] 
(41)
 "Municipal primary election" means an election held to nominate
candidates for municipal office.
[
(44)
] 
(42)
 "Municipality" means a city, town, or metro township.
[
(45)
] 
(43)
 "Official ballot" means the ballots distributed by the election officer for
voters to record their votes.
[
(46)
] 
(44)
 "Official endorsement" means the information on the ballot that identifies:
(a) the ballot as an official ballot;
(b) the date of the election; and
(c) (i) for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection 
20A-6-401
(1)(a)(iii); or
(ii) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(b)(iii).
[
(47)
] 
(45)
 "Official register" means the official record furnished to election officials
by the election officer that contains the information required by Section 
20A-5-401
.
[
(48)
] 
(46)
 "Political party" means an organization of registered voters that has
qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
[
(49)
] 
(47)
 (a) "Poll worker" means a person assigned by an election official to assist
with an election, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
[
(50)
] 
(48)
 "Pollbook" means a record of the names of voters in the order that they
appear to cast votes.
[
(51)
] 
(49)
 "Polling place" means a building where voting is conducted.
[
(52)
] 
(50)
 "Position" means a square, circle, rectangle, or other geometric shape on a
ballot in which the voter marks the voter's choice.
[
(53)
] 
(51)
 "Presidential Primary Election" means the election established in Chapter 9,
Part 8, Presidential Primary Election.
[
(54)
] 
(52)
 "Primary convention" means the political party conventions held during the
year of the regular general election.
[
(55)
] 
(53)
 "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
[
(56)
] 
(54)
 "Provider election officer" means an election officer who enters into a
contract or interlocal agreement with a contracting election officer to conduct an election for
the contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
[
(57)
] 
(55)
 "Provisional ballot" means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place;
(b) whose legal right to vote is challenged as provided in this title; or
(c) whose identity was not sufficiently established by a poll worker.
[
(58)
] 
(56)
 "Provisional ballot envelope" means an envelope printed in the form
required by Section 
20A-6-105
 that is used to identify provisional ballots and to provide
information to verify a person's legal right to vote.
[
(59)
] 
(57)
 (a) "Public figure" means an individual who, due to the individual being
considered for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's safety.
(b) "Public figure" does not include an individual:
(i) elected to public office; or
(ii) appointed to fill a vacancy in an elected public office.
[
(60)
] 
(58)
 "Qualify" or "qualified" means to take the oath of office and begin
performing the duties of the position for which the individual was elected.
[
(61)
] 
(59)
 "Receiving judge" means the poll worker that checks the voter's name in the
official register at a polling place and provides the voter with a ballot.
[
(62)
] 
(60)
 "Registration form" means a form by which an individual may register to
vote under this title.
[
(63)
] 
(61)
 "Regular ballot" means a ballot that is not a provisional ballot.
[
(64)
] 
(62)
 "Regular general election" means the election held throughout the state on
the first Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section 
20A-1-201
.
[
(65)
] 
(63)
 "Regular primary election" means the election, held on the date specified in
Section 
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
[
(66)
] 
(64)
 "Resident" means a person who resides within a specific voting precinct in
Utah.
[
(67)
] 
(65)
 "Return envelope" means the envelope, described in Subsection
20A-3a-202
(4), provided to a voter with a manual ballot:
(a) into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b) that includes the voter affidavit and a place for the voter's signature.
[
(68)
] 
(66)
 "Sample ballot" means a mock ballot similar in form to the official ballot,
published as provided in Section 
20A-5-405
.
(67) "Special district" means a local government entity under Title 17B, Limited
Purpose Local Government Entities - Special Districts, and includes a special service district
under Title 17D, Chapter 1, Special Service District Act.
(68) "Special district officers" means those special district board members who are
required by law to be elected.
(69) "Special election" means an election held as authorized by Section 
20A-1-203
.
(70) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
(71) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(72) "Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(73) "Ticket" means a list of:
(a) political parties;
(b) candidates for an office; or
(c) ballot propositions.
(74) "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(75) "Vacancy" means the absence of a person to serve in any position created by
statute, whether that absence occurs because of death, disability, disqualification, resignation,
or other cause.
(76) "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which may
include:
(i) a currently valid Utah driver license;
(ii) a currently valid identification card that is issued by:
(A) the state; or
(B) a branch, department, or agency of the United States;
(iii) a currently valid Utah permit to carry a concealed weapon;
(iv) a currently valid United States passport; or
(v) a currently valid United States military identification card;
(b) one of the following identification cards, whether or not the card includes a
photograph of the voter:
(i) a valid tribal identification card;
(ii) a Bureau of Indian Affairs card; or
(iii) a tribal treaty card; or
(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
the name of the voter and provide evidence that the voter resides in the voting precinct, which
may include:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;
(ii) a bank or other financial account statement, or a legible copy thereof;
(iii) a certified birth certificate;
(iv) a valid social security card;
(v) a check issued by the state or the federal government or a legible copy thereof;
(vi) a paycheck from the voter's employer, or a legible copy thereof;
(vii) a currently valid Utah hunting or fishing license;
(viii) certified naturalization documentation;
(ix) a currently valid license issued by an authorized agency of the United States;
(x) a certified copy of court records showing the voter's adoption or name change;
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii) a currently valid identification card issued by:
(A) a local government within the state;
(B) an employer for an employee; or
(C) a college, university, technical school, or professional school located within the
state; or
(xiii) a current Utah vehicle registration.
(77) "Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
(78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a) mailing the ballot to the location designated in the mailing; or
(b) depositing the ballot in a ballot drop box designated by the election officer.
(79) "Voter" means an individual who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book.
(80) "Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(81) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(82) "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b) a voting device that is free standing.
(83) "Voting device" means any device provided by an election officer for a voter to
vote a mechanical ballot.
(84) "Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
(85) "Watcher" means an individual who complies with the requirements described in
Section 
20A-3a-801
 to become a watcher for an election.
(86) "Write-in ballot" means a ballot containing any write-in votes.
(87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
the ballot, in accordance with the procedures established in this title.
Section 221. Section 
20A-1-201
 is amended to read:
20A-1-201.
Date and purpose of regular general elections.
(1) A regular general election shall be held throughout the state on the first Tuesday
after the first Monday in November of each even-numbered year.
(2) At the regular general election, the voters shall:
(a) choose persons to serve the terms established by law for the following offices:
(i) electors of President and Vice President of the United States;
(ii) United States Senators;
(iii) Representatives to the United States Congress;
(iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
(v) senators and representatives to the Utah Legislature;
(vi) county officers;
(vii) State School Board members;
(viii) local school board members;
(ix) except as provided in Subsection (3), [
local
] 
special
 district officers, as applicable;
and
(x) any elected judicial officers; and
(b) approve or reject:
(i) any proposed amendments to the Utah Constitution that have qualified for the ballot
under procedures established in the Utah Code;
(ii) any proposed initiatives or referenda that have qualified for the ballot under
procedures established in the Utah Code; and
(iii) any other ballot propositions submitted to the voters that are authorized by the
Utah Code.
(3) This section:
(a) applies to a special service district for which the county legislative body or the
municipal legislative body, as applicable, has delegated authority for the special service district
to an administrative control board; and
(b) does not apply to a special service district for which the county legislative body or
the municipal legislative body, as applicable, has not delegated authority for the special service
district to an administrative control board.
Section 222. Section 
20A-1-202
 is amended to read:
20A-1-202.
Date and purpose of municipal general election.
(1) Except as provided in Section 
20A-1-206
, a municipal general election shall be
held in municipalities, and [
local
] 
special
 districts as applicable, on the first Tuesday after the
first Monday in November of each odd-numbered year.
10000 (2) At the municipal general election, the voters shall:
10001 (a) (i) choose persons to serve as municipal officers; and
10002 (ii) for a [
local
] 
special
 district that holds an election during an odd-numbered year,
10003 choose persons to serve as [
local
] 
special
 district officers; and
10004 (b) approve or reject:
10005 (i) any proposed initiatives or referenda that have qualified for the ballot as provided
10006 by law; and
10007 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
10008 Code.
10009 Section 223. Section 
20A-1-206
 is amended to read:
10010 
20A-1-206.
Cancellation of local election or local race -- Municipalities -- Special
10011 
districts -- Notice.
10012 (1) As used in this section:
10013 (a) "Contested race" means a race in a general election where the number of
10014 candidates, including any eligible write-in candidates, exceeds the number of offices to be
10015 filled in the race.
10016 (b) "Election" means an event, run by an election officer, that includes one or more
10017 races for public office or one or more ballot propositions.
10018 (c) (i) "Race" means a contest between candidates to obtain the number of votes
10019 necessary to take a particular public office.
10020 (ii) "Race," as the term relates to a contest for an at-large position, includes all open
10021 positions for the same at-large office.
10022 (iii) "Race," as the term relates to a contest for a municipal council position that is not
10023 an at-large position, includes only the contest to represent a particular district on the council.
10024 (2) A municipal legislative body may cancel a local election if:
10025 (a) the ballot for the local election will not include any contested races or ballot
10026 propositions; and
10027 (b) the municipal legislative body passes, no later than 20 days before the day of the
10028 scheduled election, a resolution that cancels the election and certifies that:
10029 (i) the ballot for the election would not include any contested races or ballot
10030 propositions; and
10031 (ii) the candidates who qualified for the ballot are considered elected.
10032 (3) A municipal legislative body may cancel a race in a local election if:
10033 (a) the ballot for the race will not include any contested races or ballot propositions;
10034 and
10035 (b) the municipal legislative body passes, no later than 20 days before the day of the
10036 scheduled election, a resolution that cancels the race and certifies that:
10037 (i) the ballot for the race would not include any contested races or ballot propositions;
10038 and
10039 (ii) the candidate for the race is considered elected.
10040 (4) A municipal legislative body that cancels a local election in accordance with
10041 Subsection (2) shall give notice that the election is cancelled by:
10042 (a) subject to Subsection (8), providing notice to the lieutenant governor's office to be
10043 posted on the Statewide Electronic Voter Information Website described in Section 
20A-7-801
,
10044 for 15 consecutive days before the day of the scheduled election;
10045 (b) if the municipality has a public website, posting notice on the municipality's public
10046 website for 15 days before the day of the scheduled election;
10047 (c) if the elected officials or departments of the municipality regularly publish a printed
10048 or electronic newsletter or other periodical, publishing notice in the next scheduled newsletter
10049 or other periodical published before the day of the scheduled election;
10050 (d) (i) publishing notice at least twice in a newspaper of general circulation in the
10051 municipality before the day of the scheduled election;
10052 (ii) at least 10 days before the day of the scheduled election, posting one notice, and at
10053 least one additional notice per 2,000 population within the municipality, in places within the
10054 municipality that are most likely to give notice to the voters in the municipality, subject to a
10055 maximum of 10 notices; or
10056 (iii) at least 10 days before the day of the scheduled election, mailing notice to each
10057 registered voter in the municipality; and
10058 (e) posting notice on the Utah Public Notice Website, created in Section 
63A-16-601
,
10059 for at least 10 days before the day of the scheduled election.
10060 (5) A [
local
] 
special
 district board may cancel a local election if:
10061 (a) the ballot for the local election will not include any contested races or ballot
10062 propositions; and
10063 (b) the [
local
] 
special
 district board passes, no later than 20 days before the day of the
10064 scheduled election, a resolution that cancels the election and certifies that:
10065 (i) the ballot for the election would not include any contested races or ballot
10066 propositions; and
10067 (ii) the candidates who qualified for the ballot are considered elected.
10068 (6) A [
local
] 
special
 district board may cancel a [
local
] 
special
 district race if:
10069 (a) the race is uncontested; and
10070 (b) the [
local
] 
special
 district board passes, no later than 20 days before the day of the
10071 scheduled election, a resolution that cancels the race and certifies that the candidate who
10072 qualified for the ballot for that race is considered elected.
10073 (7) A [
local
] 
special
 district that cancels a local election in accordance with Subsection
10074 (5) shall provide notice that the election is cancelled:
10075 (a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter
10076 Information Website described in Section 
20A-7-801
, for 15 consecutive days before the day of
10077 the scheduled election;
10078 (b) if the [
local
] 
special
 district has a public website, by posting notice on the [
local
]
10079 
special
 district's public website for 15 days before the day of the scheduled election;
10080 (c) if the [
local
] 
special
 district publishes a newsletter or other periodical, by
10081 publishing notice in the next scheduled newsletter or other periodical published before the day
10082 of the scheduled election;
10083 (d) (i) by publishing notice at least twice in a newspaper of general circulation in the
10084 [
local
] 
special
 district before the scheduled election;
10085 (ii) at least 10 days before the day of the scheduled election, by posting one notice, and
10086 at least one additional notice per 2,000 population of the [
local
] 
special
 district, in places
10087 within the [
local
] 
special
 district that are most likely to give notice to the voters in the [
local
]
10088 
special
 district, subject to a maximum of 10 notices; or
10089 (iii) at least 10 days before the day of the scheduled election, by mailing notice to each
10090 registered voter in the [
local
] 
special
 district; and
10091 (e) by posting notice on the Utah Public Notice Website, created in Section
10092 
63A-16-601
, for at least 10 days before the day of the scheduled election.
10093 (8) A municipal legislative body that posts a notice in accordance with Subsection
10094 (4)(a) or a [
local
] 
special
 district that posts a notice in accordance with Subsection (7)(a) is not
10095 liable for a notice that fails to post due to technical or other error by the publisher of the
10096 Statewide Electronic Voter Information Website.
10097 Section 224. Section 
20A-1-512
 is amended to read:
10098 
20A-1-512.
Midterm vacancies on special district boards.
10099 (1) (a) When a vacancy occurs on any [
local
] 
special
 district board for any reason, the
10100 following shall appoint a replacement to serve out the unexpired term in accordance with this
10101 section:
10102 (i) the [
local
] 
special
 district board, if the person vacating the position was elected; or
10103 (ii) the appointing authority, as that term is defined in Section 
17B-1-102
, if the
10104 appointing authority appointed the person vacating the position.
10105 (b) Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the
10106 [
local
] 
special
 district board or appointing authority shall:
10107 (i) give public notice of the vacancy at least two weeks before the [
local
] 
special
10108 district board or appointing authority meets to fill the vacancy by:
10109 (A) if there is a newspaper of general circulation, as that term is defined in Section
10110 
45-1-201
, within the district, publishing the notice in the newspaper of general circulation;
10111 (B) posting the notice in three public places within the [
local
] 
special
 district; and
10112 (C) posting on the Utah Public Notice Website created under Section 
63A-16-601
; and
10113 (ii) identify, in the notice:
10114 (A) the date, time, and place of the meeting where the vacancy will be filled;
10115 (B) the individual to whom an individual who is interested in an appointment to fill the
10116 vacancy may submit the individual's name for consideration; and
10117 (C) any submission deadline.
10118 (c) An appointing authority is not subject to Subsection (1)(b) if:
10119 (i) the appointing authority appoints one of the appointing authority's own members;
10120 and
10121 (ii) that member meets all applicable statutory board member qualifications.
10122 (d) When a vacancy occurs on the board of a water conservancy district located in
10123 more than one county:
10124 (i) the board shall give notice of the vacancy to the county legislative bodies that
10125 nominated the vacating trustee as provided in Section 
17B-2a-1005
;
10126 (ii) the county legislative bodies described in Subsection (1)(d)(i) shall collectively
10127 compile a list of three nominees to fill the vacancy; and
10128 (iii) the governor shall, with the advice and consent of the Senate, appoint an
10129 individual to fill the vacancy from nominees submitted as provided in Subsection
10130 
17B-2a-1005
(2)(c).
10131 (2) If the [
local
] 
special
 district board fails to appoint an individual to complete an
10132 elected board member's term within 90 days, the legislative body of the county or municipality
10133 that created the [
local
] 
special
 district shall fill the vacancy in accordance with the procedure
10134 for a [
local
] 
special
 district described in Subsection (1)(b).
10135 Section 225. Section 
20A-1-513
 is amended to read:
10136 
20A-1-513.
Temporary absence in elected office of a political subdivision for
10137 
military service.
10138 (1) As used in this section:
10139 (a) "Armed forces" means the same as that term is defined in Section 
68-3-12.5
, and
10140 includes:
10141 (i) the National Guard; and
10142 (ii) the national guard and armed forces reserves.
10143 (b) (i) "Elected official" is a person who holds an office of a political subdivision that
10144 is required by law to be filled by an election.
10145 (ii) "Elected official" includes a person who is appointed to fill a vacancy in an office
10146 described in Subsection (1)(b)(i).
10147 (c) (i) "Military leave" means the temporary absence from an office:
10148 (A) by an elected official called to active, full-time duty in the armed forces; and
10149 (B) for a period of time that exceeds 30 days and does not exceed 400 days.
10150 (ii) "Military leave" includes the time a person on leave, as described in Subsection
10151 (1)(c)(i), spends for:
10152 (A) out processing;
10153 (B) an administrative delay;
10154 (C) accrued leave; and
10155 (D) on rest and recuperation leave program of the armed forces.
10156 (d) "Political subdivision's governing body" means:
10157 (i) for a county, city, or town, the legislative body of the county, city, or town;
10158 (ii) for a [
local
] 
special
 district, the board of trustees of the [
local
] 
special
 district;
10159 (iii) for a local school district, the local school board;
10160 (iv) for a special service district:
10161 (A) the legislative body of the county, city, or town that established the special service
10162 district, if no administrative control board has been appointed under Section 
17D-1-301
; or
10163 (B) the administrative control board of the special service district, if an administrative
10164 control board has been appointed under Section 
17D-1-301
; and
10165 (v) for a political subdivision not listed in Subsections (1)(d)(i) through (iv), the body
10166 that governs the affairs of the political subdivision.
10167 (e) "Temporary replacement" means the person appointed by the political subdivision's
10168 governing body in accordance with this section to exercise the powers and duties of the office
10169 of the elected official who takes military leave.
10170 (2) An elected official creates a vacancy in the elected official's office if the elected
10171 official is called to active, full-time duty in the armed forces in accordance with Title 10,
10172 U.S.C.A. unless the elected official takes military leave as provided by this section.
10173 (3) (a) An elected official who is called to active, full-time duty in the armed forces in
10174 a status other than in accordance with Title 10, U.S.C.A. shall notify the political subdivision's
10175 governing body of the elected official's orders not later than five days after receipt of orders.
10176 (b) The elected official described in Subsection (3)(a) may:
10177 (i) continue to carry out the official's duties if possible while on active, full-time duty;
10178 or
10179 (ii) take military leave if the elected official submits to the political subdivision's
10180 governing body written notice of the intent to take military leave and the expected duration of
10181 the military leave.
10182 (4) (a) An elected official who chooses to continue to carry out the official's duties
10183 while on active, full-time duty shall, within 10 days after arrival at the official's place of
10184 deployment, confirm in writing to the political subdivision's governing body that the official
10185 has the ability to carry out the official's duties.
10186 (b) If no confirmation is received by the political subdivision within the time period
10187 described in Subsection (4)(a), the elected official shall be placed in a military leave status and
10188 a temporary replacement appointed in accordance with Subsection (6).
10189 (5) An elected official's military leave:
10190 (a) begins the later of:
10191 (i) the day after the day on which the elected official notifies the political subdivision's
10192 governing body of the intent to take military leave;
10193 (ii) day 11 after the elected official's deployment if no confirmation is received in
10194 accordance with Subsection (4)(a); or
10195 (iii) the day on which the elected official begins active, full-time duty in the armed
10196 forces; and
10197 (b) ends the sooner of:
10198 (i) the expiration of the elected official's term of office; or
10199 (ii) the day on which the elected official ends active, full-time duty in the armed forces.
10200 (6) A temporary replacement shall:
10201 (a) meet the qualifications required to hold the office; and
10202 (b) be appointed:
10203 (i) in the same manner as provided by this part for a midterm vacancy if a registered
10204 political party nominated the elected official who takes military leave as a candidate for the
10205 office; or
10206 (ii) by the political subdivision's governing body after submitting an application in
10207 accordance with Subsection (8)(b) if a registered political party did not nominate the elected
10208 official who takes military leave as a candidate for office.
10209 (7) (a) A temporary replacement shall exercise the powers and duties of the office for
10210 which the temporary replacement is appointed for the duration of the elected official's military
10211 leave.
10212 (b) An elected official may not exercise the powers or duties of the office while on
10213 military leave.
10214 (c) If a temporary replacement is not appointed as required by Subsection (6)(b), no
10215 person may exercise the powers and duties of the elected official's office during the elected
10216 official's military leave.
10217 (8) The political subdivision's governing body shall establish:
10218 (a) the distribution of the emoluments of the office between the elected official and the
10219 temporary replacement; and
10220 (b) an application form and the date and time before which a person shall submit the
10221 application to be considered by the political subdivision's governing body for appointment as a
10222 temporary replacement.
10223 Section 226. Section 
20A-2-101
 is amended to read:
10224 
20A-2-101.
Eligibility for registration.
10225 (1) Except as provided in Subsection (2), an individual may register to vote in an
10226 election who:
10227 (a) is a citizen of the United States;
10228 (b) has been a resident of Utah for at least the 30 days immediately before the election;
10229 (c) will be:
10230 (i) at least 18 years of age on the day of the election; or
10231 (ii) if the election is a regular primary election, a municipal primary election, or a
10232 presidential primary election:
10233 (A) 17 years of age on or before the day of the regular primary election, municipal
10234 primary election, or presidential primary election; and
10235 (B) 18 years of age on or before the day of the general election that immediately
10236 follows the regular primary election, municipal primary election, or presidential primary
10237 election; and
10238 (d) currently resides within the voting district or precinct in which the individual
10239 applies to register to vote.
10240 (2) (a) (i) An individual who is involuntarily confined or incarcerated in a jail, prison,
10241 or other facility within a voting precinct is not a resident of that voting precinct and may not
10242 register to vote in that voting precinct unless the individual was a resident of that voting
10243 precinct before the confinement or incarceration.
10244 (ii) An individual who is involuntarily confined or incarcerated in a jail or prison is a
10245 resident of the voting precinct in which the individual resided before the confinement or
10246 incarceration.
10247 (b) An individual who has been convicted of a felony or a misdemeanor for an offense
10248 under this title may not register to vote or remain registered to vote unless the individual's right
10249 to vote has been restored as provided in Section 
20A-2-101.3
 or 
20A-2-101.5
.
10250 (c) An individual whose right to vote has been restored, as provided in Section
10251 
20A-2-101.3
 or 
20A-2-101.5
, is eligible to register to vote.
10252 (3) An individual who is eligible to vote and who resides within the geographic
10253 boundaries of the entity in which the election is held may register to vote in a:
10254 (a) regular general election;
10255 (b) regular primary election;
10256 (c) municipal general election;
10257 (d) municipal primary election;
10258 (e) statewide special election;
10259 (f) local special election;
10260 (g) [
local
] 
special
 district election;
10261 (h) bond election; and
10262 (i) presidential primary election.
10263 Section 227. Section 
20A-3a-102
 is amended to read:
10264 
20A-3a-102.
Residency and age requirements of voters.
10265 (1) An individual may vote in any regular general election or statewide special election
10266 if that individual has registered to vote in accordance with Chapter 2, Voter Registration.
10267 (2) An individual may vote in the presidential primary election or a regular primary
10268 election if:
10269 (a) that individual has registered to vote in accordance with Chapter 2, Voter
10270 Registration; and
10271 (b) that individual's political party affiliation, or unaffiliated status, allows the person
10272 to vote in the election.
10273 (3) An individual may vote in a municipal general election, municipal primary election,
10274 local special election, [
local
] 
special
 district election, and bond election if that individual:
10275 (a) has registered to vote in accordance with Chapter 2, Voter Registration; and
10276 (b) is a resident of a voting district or precinct within the local entity that is holding the
10277 election.
10278 Section 228. Section 
20A-3a-104
 is amended to read:
10279 
20A-3a-104.
Voting by secret ballot.
10280 All voting at each regular and municipal general election, at each statewide or local
10281 special election, at each primary election, at each [
local
] 
special
 district election, and at each
10282 bond election shall be by secret ballot.
10283 Section 229. Section 
20A-3a-501
 is amended to read:
10284 
20A-3a-501.
Prohibited conduct at polling place -- Other prohibited activities.
10285 (1) As used in this section:
10286 (a) "electioneering" includes any oral, printed, or written attempt to persuade persons to
10287 refrain from voting or to vote for or vote against any candidate or issue; and
10288 (b) "polling place" means the physical place where ballots are cast and includes the
10289 physical place where a ballot drop box is located.
10290 (2) (a) An individual may not, within a polling place or in any public area within 150
10291 feet of the building where a polling place is located:
10292 (i) do any electioneering;
10293 (ii) circulate cards or handbills of any kind;
10294 (iii) solicit signatures to any kind of petition; or
10295 (iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
10296 the administration of the polling place.
10297 (b) A county, municipality, school district, or [
local
] 
special
 district may not prohibit
10298 electioneering that occurs more than 150 feet from the building where a polling place is
10299 located, but may regulate the place and manner of that electioneering to protect the public
10300 safety.
10301 (3) (a) An individual may not obstruct the doors or entries to a building in which a
10302 polling place is located or prevent free access to and from any polling place.
10303 (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
10304 obstruction of the entrance to a polling place and may arrest an individual creating an
10305 obstruction.
10306 (4) An individual may not solicit any voter to show the voter's ballot.
10307 (5) (a) An individual may not knowingly possess or control another individual's voted
10308 manual ballot, unless:
10309 (i) the individual is an election official or postal worker acting in the capacity of an
10310 election official or postal worker;
10311 (ii) the individual possesses or controls the voted ballot in accordance with Section
10312 
20A-3a-301
, relating to emergency ballots;
10313 (iii) the possession or control is authorized in order to deliver a military-overseas ballot
10314 in accordance with Chapter 16, Uniform Military and Overseas Voters Act;
10315 (iv) subject to Section 
20A-3a-208
, the individual is authorized by a voter to possess or
10316 control the voter's voted ballot if the voter needs assistance delivering the ballot due to the
10317 voter's age, illness, or disability; or
10318 (v) the individual resides in the same household as the voter.
10319 (b) A violation of Subsection (5)(a) does not invalidate the ballot.
10320 (6) An individual who violates any provision of this section is, in addition to the
10321 penalties described in Subsections 
20A-1-609
(2) and (3), guilty of a class A misdemeanor.
10322 (7) A political subdivision may not prohibit political signs that are located more than
10323 150 feet away from a polling place, but may regulate their placement to protect public safety.
10324 Section 230. Section 
20A-3a-605
 is amended to read:
10325 
20A-3a-605.
Exemptions from early voting.
10326 (1) (a) This part does not apply to an election of a board member of a [
local
] 
special
10327 district.
10328 (b) Notwithstanding Subsection (1)(a), a [
local
] 
special
 district may, in the [
local
]
10329 
special
 district's discretion, provide early voting in accordance with this part for election of a
10330 board member.
10331 (2) Notwithstanding the requirements of Section 
20A-3a-601
, a municipality of the
10332 fifth class or a town as described in Section 
10-2-301
 may provide early voting as provided
10333 under this part for:
10334 (a) a municipal primary election; or
10335 (b) a municipal general election.
10336 (3) A municipality is not required to conduct early voting for the election.
10337 Section 231. Section 
20A-4-301
 is amended to read:
10338 
20A-4-301.
Board of canvassers.
10339 (1) (a) Each county legislative body is the board of county canvassers for:
10340 (i) the county; and
10341 (ii) each [
local
] 
special
 district whose election is conducted by the county if:
10342 (A) the election relates to the creation of the [
local
] 
special
 district;
10343 (B) the county legislative body serves as the governing body of the [
local
] 
special
10344 district; or
10345 (C) there is no duly constituted governing body of the [
local
] 
special
 district.
10346 (b) The board of county canvassers shall meet to canvass the returns at the usual place
10347 of meeting of the county legislative body, at a date and time determined by the county clerk
10348 that is no sooner than seven days after the election and no later than 14 days after the election.
10349 (c) If one or more of the county legislative body fails to attend the meeting of the board
10350 of county canvassers, the remaining members shall replace the absent member by appointing in
10351 the order named:
10352 (i) the county treasurer;
10353 (ii) the county assessor; or
10354 (iii) the county sheriff.
10355 (d) Attendance of the number of persons equal to a simple majority of the county
10356 legislative body, but not less than three persons, shall constitute a quorum for conducting the
10357 canvass.
10358 (e) The county clerk is the clerk of the board of county canvassers.
10359 (2) (a) The mayor and the municipal legislative body are the board of municipal
10360 canvassers for the municipality.
10361 (b) The board of municipal canvassers shall meet to canvass the returns at the usual
10362 place of meeting of the municipal legislative body:
10363 (i) for canvassing of returns from a municipal general election, no sooner than seven
10364 days after the election and no later than 14 days after the election; or
10365 (ii) for canvassing of returns from a municipal primary election, no sooner than seven
10366 days after the election and no later than 14 days after the election.
10367 (c) Attendance of a simple majority of the municipal legislative body shall constitute a
10368 quorum for conducting the canvass.
10369 (3) (a) The legislative body of the entity authorizing a bond election is the board of
10370 canvassers for each bond election.
10371 (b) The board of canvassers for the bond election shall comply with the canvassing
10372 procedures and requirements of Section 
11-14-207
.
10373 (c) Attendance of a simple majority of the legislative body of the entity authorizing a
10374 bond election shall constitute a quorum for conducting the canvass.
10375 Section 232. Section 
20A-4-304
 is amended to read:
10376 
20A-4-304.
Declaration of results -- Canvassers' report.
10377 (1) Each board of canvassers shall:
10378 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
10379 declare "elected" or "nominated" those persons who:
10380 (i) had the highest number of votes; and
10381 (ii) sought election or nomination to an office completely within the board's
10382 jurisdiction;
10383 (b) declare:
10384 (i) "approved" those ballot propositions that:
10385 (A) had more "yes" votes than "no" votes; and
10386 (B) were submitted only to the voters within the board's jurisdiction; or
10387 (ii) "rejected" those ballot propositions that:
10388 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
10389 votes; and
10390 (B) were submitted only to the voters within the board's jurisdiction;
10391 (c) certify the vote totals for persons and for and against ballot propositions that were
10392 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
10393 the lieutenant governor; and
10394 (d) if applicable, certify the results of each [
local
] 
special
 district election to the [
local
]
10395 
special
 district clerk.
10396 (2) As soon as the result is declared, the election officer shall prepare a report of the
10397 result, which shall contain:
10398 (a) the total number of votes cast in the board's jurisdiction;
10399 (b) the names of each candidate whose name appeared on the ballot;
10400 (c) the title of each ballot proposition that appeared on the ballot;
10401 (d) each office that appeared on the ballot;
10402 (e) from each voting precinct:
10403 (i) the number of votes for each candidate;
10404 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
10405 Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
10406 potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
10407 phase; and
10408 (iii) the number of votes for and against each ballot proposition;
10409 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
10410 and against each ballot proposition;
10411 (g) the number of ballots that were rejected; and
10412 (h) a statement certifying that the information contained in the report is accurate.
10413 (3) The election officer and the board of canvassers shall:
10414 (a) review the report to ensure that it is correct; and
10415 (b) sign the report.
10416 (4) The election officer shall:
10417 (a) record or file the certified report in a book kept for that purpose;
10418 (b) prepare and transmit a certificate of nomination or election under the officer's seal
10419 to each nominated or elected candidate;
10420 (c) publish a copy of the certified report in accordance with Subsection (5); and
10421 (d) file a copy of the certified report with the lieutenant governor.
10422 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
10423 days after the day on which the board of canvassers declares the election results, publicize the
10424 certified report described in Subsection (2):
10425 (a) (i) by publishing notice at least once in a newspaper of general circulation within
10426 the jurisdiction;
10427 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
10428 jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
10429 of the jurisdiction, subject to a maximum of 10 notices; or
10430 (iii) by mailing notice to each residence within the jurisdiction;
10431 (b) by posting notice on the Utah Public Notice Website, created in Section
10432 
63A-16-601
, for one week; and
10433 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
10434 one week.
10435 (6) Instead of including a copy of the entire certified report, a notice required under
10436 Subsection (5) may contain a statement that:
10437 (a) includes the following: "The Board of Canvassers for [indicate name of
10438 jurisdiction] has prepared a report of the election results for the [indicate type and date of
10439 election]."; and
10440 (b) specifies the following sources where an individual may view or obtain a copy of
10441 the entire certified report:
10442 (i) if the jurisdiction has a website, the jurisdiction's website;
10443 (ii) the physical address for the jurisdiction; and
10444 (iii) a mailing address and telephone number.
10445 (7) When there has been a regular general or a statewide special election for statewide
10446 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
10447 or more county ballot proposition, each board of canvassers shall:
10448 (a) prepare a separate report detailing the number of votes for each candidate and the
10449 number of votes for and against each ballot proposition; and
10450 (b) transmit the separate report by registered mail to the lieutenant governor.
10451 (8) In each county election, municipal election, school election, [
local
] 
special
 district
10452 election, and local special election, the election officer shall transmit the reports to the
10453 lieutenant governor within 14 days after the date of the election.
10454 (9) In a regular primary election and in a presidential primary election, the board shall
10455 transmit to the lieutenant governor:
10456 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
10457 governor not later than the second Tuesday after the election; and
10458 (b) a complete tabulation showing voting totals for all primary races, precinct by
10459 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
10460 primary election.
10461 Section 233. Section 
20A-4-305
 is amended to read:
10462 
20A-4-305.
Delivery of checked official register to county clerk after canvass.
10463 Within 10 days after the canvass of a November municipal election, [
local
] 
special
10464 district election, bond election, or special election, the clerk or recorder shall transmit the
10465 checked official register to the county clerk.
10466 Section 234. Section 
20A-4-401
 is amended to read:
10467 
20A-4-401.
Recounts -- Procedure.
10468 (1) (a) This section does not apply to a race conducted by instant runoff voting under
10469 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
10470 (b) Except as provided in Subsection (1)(c), for a race between candidates, if the
10471 difference between the number of votes cast for a winning candidate in the race and a losing
10472 candidate in the race is equal to or less than .25% of the total number of votes cast for all
10473 candidates in the race, that losing candidate may file a request for a recount in accordance with
10474 Subsection (1)(d).
10475 (c) For a race between candidates where the total of all votes cast in the race is 400 or
10476 less, if the difference between the number of votes cast for a winning candidate in the race and
10477 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
10478 in accordance with Subsection (1)(d).
10479 (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
10480 file the request:
10481 (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
10482 three days after the canvass; or
10483 (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
10484 (A) the municipal clerk, if the election is a municipal general election;
10485 (B) the [
local
] 
special
 district clerk, if the election is a [
local
] 
special
 district election;
10486 (C) the county clerk, for races voted on entirely within a single county; or
10487 (D) the lieutenant governor, for statewide races and multicounty races.
10488 (e) The election officer shall:
10489 (i) supervise the recount;
10490 (ii) recount all ballots cast for that race;
10491 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
10492 Disposition of Ballots;
10493 (iv) for a race where only one candidate may win, declare elected the candidate who
10494 receives the highest number of votes on the recount; and
10495 (v) for a race where multiple candidates may win, declare elected the applicable
10496 number of candidates who receive the highest number of votes on the recount.
10497 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
10498 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
10499 the total votes cast for or against the proposition, any 10 voters who voted in the election where
10500 the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
10501 days after the day of the canvass with the person described in Subsection (2)(c).
10502 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
10503 against the proposition is 400 or less, if the difference between the number of votes cast for the
10504 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
10505 voted in the election where the proposition was on the ballot may file a request for a recount
10506 before 5 p.m. within seven days after the day of the canvass with the person described in
10507 Subsection (2)(c).
10508 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
10509 file the request with:
10510 (i) the municipal clerk, if the election is a municipal election;
10511 (ii) the [
local
] 
special
 district clerk, if the election is a [
local
] 
special
 district election;
10512 (iii) the county clerk, for propositions voted on entirely within a single county; or
10513 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
10514 (d) The election officer shall:
10515 (i) supervise the recount;
10516 (ii) recount all ballots cast for that ballot proposition or bond proposition;
10517 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
10518 Disposition of Ballots; and
10519 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
10520 based upon the results of the recount.
10521 (e) Proponents and opponents of the ballot proposition or bond proposition may
10522 designate representatives to witness the recount.
10523 (f) The voters requesting the recount shall pay the costs of the recount.
10524 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
10525 person requesting the recount.
10526 (4) (a) Upon completion of the recount, the election officer shall immediately convene
10527 the board of canvassers.
10528 (b) The board of canvassers shall:
10529 (i) canvass the election returns for the race or proposition that was the subject of the
10530 recount; and
10531 (ii) with the assistance of the election officer, prepare and sign the report required by
10532 Section 
20A-4-304
 or 
20A-4-306
.
10533 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
10534 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
10535 governor as required by Subsection 
20A-4-304
(7).
10536 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
10537 result of the race or proposition that is the subject of the recount.
10538 Section 235. Section 
20A-5-302
 is amended to read:
10539 
20A-5-302.
Automated voting system.
10540 (1) (a) Any county or municipal legislative body or [
local
] 
special
 district board may:
10541 (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
10542 automated voting system that meets the requirements of this section; and
10543 (ii) use that system in any election, in all or a part of the voting precincts within its
10544 boundaries, or in combination with manual ballots.
10545 (b) Nothing in this title shall be construed to require the use of electronic voting
10546 devices in local special elections, municipal primary elections, or municipal general elections.
10547 (2) Each automated voting system shall:
10548 (a) provide for voting in secrecy, except in the case of voters who have received
10549 assistance as authorized by Section 
20A-3a-208
;
10550 (b) permit each voter at any election to:
10551 (i) vote for all persons and offices for whom and for which that voter is lawfully
10552 entitled to vote;
10553 (ii) vote for as many persons for an office as that voter is entitled to vote; and
10554 (iii) vote for or against any ballot proposition upon which that voter is entitled to vote;
10555 (c) permit each voter, at presidential elections, by one mark, to vote for the candidates
10556 of that party for president, vice president, and for their presidential electors;
10557 (d) at elections other than primary elections, permit each voter to vote for the nominees
10558 of one or more parties and for independent candidates;
10559 (e) at primary elections:
10560 (i) permit each voter to vote for candidates of the political party of the voter's choice;
10561 and
10562 (ii) reject any votes cast for candidates of another party;
10563 (f) prevent the voter from voting for the same person more than once for the same
10564 office;
10565 (g) provide the opportunity for each voter to change the ballot and to correct any error
10566 before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
10567 L. No. 107-252;
10568 (h) include automatic tabulating equipment that rejects choices recorded on a voter's
10569 ballot if the number of the voter's recorded choices is greater than the number which the voter
10570 is entitled to vote for the office or on the measure;
10571 (i) be of durable construction, suitably designed so that it may be used safely,
10572 efficiently, and accurately in the conduct of elections and counting ballots;
10573 (j) when properly operated, record correctly and count accurately each vote cast;
10574 (k) for voting equipment certified after January 1, 2005, produce a permanent paper
10575 record that:
10576 (i) shall be available as an official record for any recount or election contest conducted
10577 with respect to an election where the voting equipment is used;
10578 (ii) (A) shall be available for the voter's inspection prior to the voter leaving the polling
10579 place; and
10580 (B) shall permit the voter to inspect the record of the voter's selections independently
10581 only if reasonably practicable commercial methods permitting independent inspection are
10582 available at the time of certification of the voting equipment by the lieutenant governor;
10583 (iii) shall include, at a minimum, human readable printing that shows a record of the
10584 voter's selections;
10585 (iv) may also include machine readable printing which may be the same as the human
10586 readable printing; and
10587 (v) allows a watcher to observe the election process to ensure the integrity of the
10588 election process; and
10589 (l) meet the requirements of Section 
20A-5-802
.
10590 (3) For the purposes of a recount or an election contest, if the permanent paper record
10591 contains a conflict or inconsistency between the human readable printing and the machine
10592 readable printing, the human readable printing shall supercede the machine readable printing
10593 when determining the intent of the voter.
10594 (4) Notwithstanding any other provisions of this section, the election officers shall
10595 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
10596 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
10597 for use in the counting devices in which they are intended to be placed.
10598 Section 236. Section 
20A-5-400.5
 is amended to read:
10599 
20A-5-400.5.
Election officer for bond and leeway elections.
10600 (1) When a voted leeway or bond election is held on the regular general election date,
10601 the county clerk shall serve as the provider election officer to conduct that election.
10602 (2) (a) When a voted leeway or bond election is held on the municipal general election
10603 date or any other election date permitted for special elections under Section 
20A-1-204
, and the
10604 local political subdivision calling the election is entirely within the boundaries of the
10605 unincorporated county, the county clerk shall serve as the provider election officer to conduct
10606 that election subject to Subsection (3).
10607 (b) When a voted leeway or bond election is held on the municipal general election
10608 date or any other election date permitted for special elections under Section 
20A-1-204
, and the
10609 local political subdivision calling the election is entirely within the boundaries of a
10610 municipality, the municipal clerk for that municipality shall, except as provided in Subsection
10611 (3), serve as the provider election officer to conduct that election.
10612 (c) When a voted leeway or bond election is held on the municipal general election
10613 date or any other election date permitted for special elections under Section 
20A-1-204
, and the
10614 local political subdivision calling the election extends beyond the boundaries of a single
10615 municipality:
10616 (i) except as provided in Subsection (3), the municipal clerk shall serve as the provider
10617 election officer to conduct the election for those portions of the local political subdivision
10618 where the municipal general election or other election is being held; and
10619 (ii) except as provided in Subsection (3), the county clerk shall serve as the provider
10620 election officer to conduct the election for the unincorporated county and for those portions of
10621 any municipality where no municipal general election or other election is being held.
10622 (3) When a voted leeway or bond election is held on a date when no other election,
10623 other than another voted leeway or bond election, is being held in the entire area comprising
10624 the local political subdivision calling the voted leeway or bond election:
10625 (a) the clerk or chief executive officer of a [
local
] 
special
 district or the business
10626 administrator or superintendent of the school district, as applicable, shall serve as the election
10627 officer to conduct the bond election for those portions of the local political subdivision in
10628 which no other election, other than another voted leeway or bond election, is being held, unless
10629 the [
local
] 
special
 district or school district has contracted with a provider election officer; and
10630 (b) the county clerk, municipal clerk, or both, as determined by the local political
10631 subdivision holding the bond election, shall serve as the provider election officer to conduct the
10632 bond election for those portions of the local political subdivision in which another election,
10633 other than another voted leeway or bond election, is being held.
10634 (4) A provider election officer required by this section to conduct an election for a local
10635 political subdivision shall comply with Section 
20A-5-400.1
.
10636 Section 237. Section 
20A-5-401
 is amended to read:
10637 
20A-5-401.
Official register -- Preparation -- Contents.
10638 (1) (a) Before the registration days for each regular general, municipal general, regular
10639 primary, municipal primary, or presidential primary election, each county clerk shall prepare an
10640 official register of all voters that will participate in the election.
10641 (b) The county clerk shall ensure that the official register is prepared and contains the
10642 following for each registered voter:
10643 (i) name;
10644 (ii) party affiliation;
10645 (iii) an entry field for a voter challenge, including the name of the individual making
10646 the challenge and the grounds for the challenge;
10647 (iv) election name and date;
10648 (v) date of birth;
10649 (vi) place of current residence;
10650 (vii) street address of current residence;
10651 (viii) zip code;
10652 (ix) identification and provisional ballot information as required under Subsection
10653 (1)(d); and
10654 (x) space for the voter to sign the voter's name for the election.
10655 (c) When preparing the official register for the presidential primary election, the county
10656 clerk shall include:
10657 (i) an entry field to record the name of the political party whose ballot the voter voted;
10658 and
10659 (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
10660 (d) When preparing the official register for any regular general election, municipal
10661 general election, statewide special election, local special election, regular primary election,
10662 municipal primary election, [
local
] 
special
 district election, or election for federal office, the
10663 county clerk shall include:
10664 (i) an entry field for the poll worker to record the type of identification provided by the
10665 voter;
10666 (ii) a space for the poll worker to record the provisional envelope ballot number for
10667 voters who receive a provisional ballot; and
10668 (iii) a space for the poll worker to record the type of identification that was provided by
10669 voters who receive a provisional ballot.
10670 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
10671 elections, [
local
] 
special
 district elections, and bond elections, the county clerk shall make an
10672 official register only for voting precincts affected by the primary, municipal, [
local
] 
special
10673 district, or bond election.
10674 (ii) If a polling place to be used in a bond election serves both voters residing in the
10675 local political subdivision calling the bond election and voters residing outside of that local
10676 political subdivision, the official register shall designate whether each voter resides in or
10677 outside of the local political subdivision.
10678 (iii) Each county clerk, with the assistance of the clerk of each affected [
local
] 
special
10679 district, shall provide a detailed map or an indication on the registration list or other means to
10680 enable a poll worker to determine the voters entitled to vote at an election of [
local
] 
special
10681 district officers.
10682 (b) Municipalities shall pay the costs of making the official register for municipal
10683 elections.
10684 Section 238. Section 
20A-5-403
 is amended to read:
10685 
20A-5-403.
Polling places -- Booths -- Ballot boxes -- Inspections --
10686 
Arrangements.
10687 (1) Except as provided in Section 
20A-7-609.5
, each election officer shall:
10688 (a) designate polling places for each voting precinct in the jurisdiction; and
10689 (b) obtain the approval of the county or municipal legislative body or [
local
] 
special
10690 district governing board for those polling places.
10691 (2) (a) For each polling place, the election officer shall provide:
10692 (i) an American flag;
10693 (ii) a sufficient number of voting booths or compartments;
10694 (iii) the voting devices, voting booths, ballots, ballot boxes, and any other records and
10695 supplies necessary to enable a voter to vote;
10696 (iv) the constitutional amendment cards required by Part 1, Election Notices and
10697 Instructions;
10698 (v) the instructions required by Section 
20A-5-102
; and
10699 (vi) a sign, to be prominently displayed in the polling place, indicating that valid voter
10700 identification is required for every voter before the voter may vote and listing the forms of
10701 identification that constitute valid voter identification.
10702 (b) Each election officer shall ensure that:
10703 (i) each voting booth is at a convenient height for writing, and is arranged so that the
10704 voter can prepare the voter's ballot screened from observation;
10705 (ii) there are a sufficient number of voting booths or voting devices to accommodate
10706 the voters at that polling place; and
10707 (iii) there is at least one voting booth or voting device that is configured to
10708 accommodate persons with disabilities.
10709 (c) Each county clerk shall provide a ballot box for each polling place that is large
10710 enough to properly receive and hold the ballots to be cast.
10711 (3) (a) All polling places shall be physically inspected by each county clerk to ensure
10712 access by a person with a disability.
10713 (b) Any issues concerning inaccessibility to polling places by a person with a disability
10714 discovered during the inspections referred to in Subsection (3)(a) or reported to the county
10715 clerk shall be:
10716 (i) forwarded to the Office of the Lieutenant Governor; and
10717 (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
10718 either:
10719 (A) remedied at the particular location by the county clerk;
10720 (B) the county clerk shall designate an alternative accessible location for the particular
10721 precinct; or
10722 (C) if no practical solution can be identified, file with the Office of the Lieutenant
10723 Governor a written explanation identifying the reasons compliance cannot reasonably be met.
10724 (4) (a) The municipality in which the election is held shall pay the cost of conducting
10725 each municipal election, including the cost of printing and supplies.
10726 (b) (i) Costs assessed by a county clerk to a municipality under this section may not
10727 exceed the actual costs incurred by the county clerk.
10728 (ii) The actual costs shall include:
10729 (A) costs of or rental fees associated with the use of election equipment and supplies;
10730 and
10731 (B) reasonable and necessary administrative costs.
10732 (5) The county clerk shall make detailed entries of all proceedings had under this
10733 chapter.
10734 (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
10735 that an individual waits in line before the individual can vote at a polling place in the county
10736 does not exceed 30 minutes.
10737 (b) The lieutenant governor may require a county clerk to submit a line management
10738 plan before the next election if an individual waits in line at a polling place in the county longer
10739 than 30 minutes before the individual can vote.
10740 (c) The lieutenant governor may consider extenuating circumstances in deciding
10741 whether to require the county clerk to submit a plan described in Subsection (6)(b).
10742 (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b)
10743 and consult with the county clerk submitting the plan to ensure, to the extent possible, that the
10744 amount of time an individual waits in line before the individual can vote at a polling place in
10745 the county does not exceed 30 minutes.
10746 Section 239. Section 
20A-5-407
 is amended to read:
10747 
20A-5-407.
Election officer to provide ballot boxes.
10748 (1) Except as provided in Subsection (3), an election officer shall:
10749 (a) provide one ballot box with a lock and key for each polling place; and
10750 (b) deliver the ballot boxes, locks, and keys to the polling place before the polls open.
10751 (2) An election officer for a municipality or [
local
] 
special
 district may obtain ballot
10752 boxes from the county clerk's office.
10753 (3) If locks and keys are unavailable, the election officer shall ensure that the ballot
10754 box lid is secured by tape.
10755 Section 240. Section 
20A-5-601
 is amended to read:
10756 
20A-5-601.
Appointment of poll workers in elections where candidates are
10757 
distinguished by registered political parties.
10758 (1) (a) This section governs appointment of poll workers in elections where candidates
10759 are distinguished by registered political parties.
10760 (b) On or before March 1 of each even-numbered year, an election officer shall provide
10761 to the county chair of each registered political party a list of the number of poll workers that the
10762 party must nominate for each polling place.
10763 (c) On or before April 1 of each even-numbered year, the county chair and secretary of
10764 each registered political party shall file a list with the election officer containing the names of
10765 individuals in the county who are willing to serve as poll workers, who are qualified to serve as
10766 poll workers in accordance with this section, and who are competent and trustworthy.
10767 (d) The county chair and secretary shall submit names equal in number to the number
10768 required by the election officer, plus one.
10769 (2) Each election officer shall provide for the appointment of individuals to serve as
10770 poll workers at each election.
10771 (3) (a) For each election, each election officer shall provide for the appointment of at
10772 least three registered voters, or one individual who is 16 or 17 years old and two registered
10773 voters, one of whom is at least 21 years old, from the list to serve as poll workers.
10774 (b) An election officer may appoint additional poll workers, as needed.
10775 (4) For each set of three poll workers appointed for a polling place for an election, the
10776 election officer shall ensure that:
10777 (a) two poll workers are appointed from the political party that cast the highest number
10778 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
10779 excluding votes for unopposed candidates, in the jurisdiction holding the election at the last
10780 regular general election before the appointment of the poll workers; and
10781 (b) one poll worker is appointed from the political party that cast the second highest
10782 number of votes for governor, lieutenant governor, attorney general, state auditor, and state
10783 treasurer, excluding votes for unopposed candidates, in the county, city, or [
local
] 
special
10784 district, as applicable, at the last regular general election before the appointment of the poll
10785 workers.
10786 (5) The election officer shall provide for the appointment of any qualified county voter
10787 as a poll worker when:
10788 (a) a political party fails to file the poll worker list by the filing deadline; or
10789 (b) the list is incomplete.
10790 (6) A registered voter of the county may serve as a poll worker at any polling place in
10791 the county, municipality, or district, as applicable.
10792 (7) An election officer may not appoint a candidate's parent, sibling, spouse, child,
10793 mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law to
10794 serve as a poll worker in a polling place where the candidate appears on the ballot.
10795 (8) The election officer shall fill all poll worker vacancies.
10796 (9) If a conflict arises over the right to certify the poll worker lists for any political
10797 party, the election officer may decide between conflicting lists, but may only select names from
10798 a properly submitted list.
10799 (10) The clerk shall establish compensation for poll workers.
10800 (11) The election officer may appoint additional poll workers to serve in the polling
10801 place as needed.
10802 Section 241. Section 
20A-5-602
 is amended to read:
10803 
20A-5-602.
Appointment of poll workers in elections where candidates are not
10804 
distinguished by registered political parties.
10805 (1) (a) This section governs appointment of poll workers in elections where candidates
10806 are not distinguished by registered political parties.
10807 (b) An election officer shall appoint the poll worker at least 15 days before the date of
10808 the local election.
10809 (2) (a) The election officer shall appoint, or provide for the appointment of, at least
10810 three poll workers as follows:
10811 (i) three registered voters; or
10812 (ii) two registered voters, one of whom is at least 21 years old, and one individual who
10813 is 16 or 17 years old.
10814 (b) The election officer may appoint additional poll workers to serve in the polling
10815 place as needed.
10816 (3) The election officer may not appoint any candidate's parent, sibling, spouse, child,
10817 mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law to
10818 serve as a poll worker at a polling place where the candidate appears on the ballot.
10819 (4) (a) The clerk shall compensate poll workers for their services.
10820 (b) The clerk of a municipality or [
local
] 
special
 district may not compensate poll
10821 workers at a rate higher than that paid by the county to the county's poll workers.
10822 Section 242. Section 
20A-9-101
 is amended to read:
10823 
20A-9-101.
Definitions.
10824 As used in this chapter:
10825 (1) (a) "Candidates for elective office" means persons who file a declaration of
10826 candidacy under Section 
20A-9-202
 to run in a regular general election for a federal office,
10827 constitutional office, multicounty office, or county office.
10828 (b) "Candidates for elective office" does not mean candidates for:
10829 (i) justice or judge of court of record or not of record;
10830 (ii) presidential elector;
10831 (iii) any political party offices; and
10832 (iv) municipal or [
local
] 
special
 district offices.
10833 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
10834 attorney general, state auditor, and state treasurer.
10835 (3) "Continuing political party" means the same as that term is defined in Section
10836 
20A-8-101
.
10837 (4) (a) "County office" means an elective office where the officeholder is selected by
10838 voters entirely within one county.
10839 (b) "County office" does not mean:
10840 (i) the office of justice or judge of any court of record or not of record;
10841 (ii) the office of presidential elector;
10842 (iii) any political party offices;
10843 (iv) any municipal or [
local
] 
special
 district offices; and
10844 (v) the office of United States Senator and United States Representative.
10845 (5) "Electronic candidate qualification process" means:
10846 (a) as it relates to a registered political party that is not a qualified political party, the
10847 process for gathering signatures electronically to seek the nomination of a registered political
10848 party, described in:
10849 (i) Section 
20A-9-403
;
10850 (ii) Section 
20a-9-405
, except Subsections 
20A-9-405
(3) and (5); and
10851 (iii) Section 
20A-21-201
; and
10852 (b) as it relates to a qualified political party, the process, for gathering signatures
10853 electronically to seek the nomination of a registered political party, described in:
10854 (i) Section 
20A-9-405
, except Subsections 
20A-9-405
(3) and (5);
10855 (ii) Section 
20A-9-408
; and
10856 (iii) Section 
20A-21-201
.
10857 (6) "Federal office" means an elective office for United States Senator and United
10858 States Representative.
10859 (7) "Filing officer" means:
10860 (a) the lieutenant governor, for:
10861 (i) the office of United States Senator and United States Representative; and
10862 (ii) all constitutional offices;
10863 (b) for the office of a state senator or state representative, the lieutenant governor or the
10864 applicable clerk described in Subsection (7)(c) or (d);
10865 (c) the county clerk, for county offices and local school district offices;
10866 (d) the county clerk in the filer's county of residence, for multicounty offices;
10867 (e) the city or town clerk, for municipal offices; or
10868 (f) the [
local
] 
special
 district clerk, for [
local
] 
special
 district offices.
10869 [
(8) "Local district office" means an elected office in a local district.
]
10870 [
(9)
] 
(8)
 "Local government office" includes county offices, municipal offices, and
10871 [
local
] 
special
 district offices and other elective offices selected by the voters from a political
10872 division entirely within one county.
10873 [
(10)
] 
(9)
 "Manual candidate qualification process" means the process for gathering
10874 signatures to seek the nomination of a registered political party, using paper signature packets
10875 that a signer physically signs.
10876 [
(11)
] 
(10)
 (a) "Multicounty office" means an elective office where the officeholder is
10877 selected by the voters from more than one county.
10878 (b) "Multicounty office" does not mean:
10879 (i) a county office;
10880 (ii) a federal office;
10881 (iii) the office of justice or judge of any court of record or not of record;
10882 (iv) the office of presidential elector;
10883 (v) any political party offices; or
10884 (vi) any municipal or [
local
] 
special
 district offices.
10885 [
(12)
] 
(11)
 "Municipal office" means an elective office in a municipality.
10886 [
(13)
] 
(12)
 (a) "Political division" means a geographic unit from which an officeholder
10887 is elected and that an officeholder represents.
10888 (b) "Political division" includes a county, a city, a town, a [
local
] 
special
 district, a
10889 school district, a legislative district, and a county prosecution district.
10890 [
(14)
] 
(13)
 "Qualified political party" means a registered political party that:
10891 (a) (i) permits a delegate for the registered political party to vote on a candidate
10892 nomination in the registered political party's convention remotely; or
10893 (ii) provides a procedure for designating an alternate delegate if a delegate is not
10894 present at the registered political party's convention;
10895 (b) does not hold the registered political party's convention before the fourth Saturday
10896 in March of an even-numbered year;
10897 (c) permits a member of the registered political party to seek the registered political
10898 party's nomination for any elective office by the member choosing to seek the nomination by
10899 either or both of the following methods:
10900 (i) seeking the nomination through the registered political party's convention process,
10901 in accordance with the provisions of Section 
20A-9-407
; or
10902 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
10903 of Section 
20A-9-408
; and
10904 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
10905 on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
10906 that, for the election in the following year, the registered political party intends to nominate the
10907 registered political party's candidates in accordance with the provisions of Section 
20A-9-406
;
10908 or
10909 (ii) if the registered political party is not a continuing political party, certifies at the
10910 time that the registered political party files the petition described in Section 
20A-8-103
 that, for
10911 the next election, the registered political party intends to nominate the registered political
10912 party's candidates in accordance with the provisions of Section 
20A-9-406
.
10913 [
(15)
] 
(14)
 "Signature," as it relates to a petition for a candidate to seek the nomination
10914 of a registered political party, means:
10915 (a) when using the manual candidate qualification process, a holographic signature
10916 collected physically on a nomination petition described in Subsection 
20A-9-405
(3); or
10917 (b) when using the electronic candidate qualification process:
10918 (i) an electronic signature collected under Subsection 
20A-21-201
(6)(c)(ii)(A); or
10919 (ii) a holographic signature collected electronically under Subsection
10920 
20A-21-201
(6)(c)(ii)(B).
10921 
(15) "Special district office" means an elected office in a special district.
10922 Section 243. Section 
20A-9-503
 is amended to read:
10923 
20A-9-503.
Certificate of nomination -- Filing -- Fees.
10924 (1) Except as provided in Subsection (1)(b), after the certificate of nomination has been
10925 certified, executed, and acknowledged by the county clerk, the candidate shall:
10926 (a) (i) file the petition in person with the lieutenant governor, if the office the candidate
10927 seeks is a constitutional office or a federal office, or the county clerk, if the office the candidate
10928 seeks is a county office, during the declaration of candidacy filing period described in Section
10929 
20A-9-201.5
; and
10930 (ii) pay the filing fee; or
10931 (b) not later than the close of normal office hours on June 15 of any odd-numbered
10932 year:
10933 (i) file the petition in person with the municipal clerk, if the candidate seeks an office
10934 in a city or town, or the [
local
] 
special
 district clerk, if the candidate seeks an office in a [
local
]
10935 
special
 district; and
10936 (ii) pay the filing fee.
10937 (2) (a) The provisions of this Subsection (2) do not apply to an individual who files a
10938 declaration of candidacy for president of the United States.
10939 (b) Subject to Subsections (4)(c) and 
20A-9-502
(2), an individual may designate an
10940 agent to file a declaration of candidacy with the appropriate filing officer if:
10941 (i) the individual is located outside of the state during the entire filing period;
10942 (ii) the designated agent appears in person before the filing officer; and
10943 (iii) the individual communicates with the filing officer using an electronic device that
10944 allows the individual and filing officer to see and hear each other.
10945 (3) (a) At the time of filing, and before accepting the petition, the filing officer shall
10946 read the constitutional and statutory requirements for candidacy to the candidate.
10947 (b) If the candidate states that the candidate does not meet the requirements, the filing
10948 officer may not accept the petition.
10949 (4) (a) An individual filing a certificate of nomination for president or vice president of
10950 the United States under this section shall pay a filing fee of $500.
10951 (b) Notwithstanding Subsection (1), an individual filing a certificate of nomination for
10952 president or vice president of the United States:
10953 (i) may file the certificate of nomination during the declaration of candidacy filing
10954 period described in Section 
20A-9-201.5
; and
10955 (ii) may use a designated agent to file the certificate of nomination.
10956 (c) An agent designated under Subsection (2) or described in Subsection (4)(b)(ii) may
10957 not sign the certificate of nomination form.
10958 Section 244. Section 
20A-11-101
 is amended to read:
10959 
20A-11-101.
Definitions.
10960 As used in this chapter:
10961 (1) (a) "Address" means the number and street where an individual resides or where a
10962 reporting entity has its principal office.
10963 (b) "Address" does not include a post office box.
10964 (2) "Agent of a reporting entity" means:
10965 (a) a person acting on behalf of a reporting entity at the direction of the reporting
10966 entity;
10967 (b) a person employed by a reporting entity in the reporting entity's capacity as a
10968 reporting entity;
10969 (c) the personal campaign committee of a candidate or officeholder;
10970 (d) a member of the personal campaign committee of a candidate or officeholder in the
10971 member's capacity as a member of the personal campaign committee of the candidate or
10972 officeholder; or
10973 (e) a political consultant of a reporting entity.
10974 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
10975 amendments, and any other ballot propositions submitted to the voters that are authorized by
10976 the Utah Code Annotated 1953.
10977 (4) "Candidate" means any person who:
10978 (a) files a declaration of candidacy for a public office; or
10979 (b) receives contributions, makes expenditures, or gives consent for any other person to
10980 receive contributions or make expenditures to bring about the person's nomination or election
10981 to a public office.
10982 (5) "Chief election officer" means:
10983 (a) the lieutenant governor for state office candidates, legislative office candidates,
10984 officeholders, political parties, political action committees, corporations, political issues
10985 committees, state school board candidates, judges, and labor organizations, as defined in
10986 Section 
20A-11-1501
; and
10987 (b) the county clerk for local school board candidates.
10988 (6) (a) "Contribution" means any of the following when done for political purposes:
10989 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
10990 value given to the filing entity;
10991 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
10992 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
10993 anything of value to the filing entity;
10994 (iii) any transfer of funds from another reporting entity to the filing entity;
10995 (iv) compensation paid by any person or reporting entity other than the filing entity for
10996 personal services provided without charge to the filing entity;
10997 (v) remuneration from:
10998 (A) any organization or its directly affiliated organization that has a registered lobbyist;
10999 or
11000 (B) any agency or subdivision of the state, including school districts;
11001 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
11002 (vii) in-kind contributions.
11003 (b) "Contribution" does not include:
11004 (i) services provided by individuals volunteering a portion or all of their time on behalf
11005 of the filing entity if the services are provided without compensation by the filing entity or any
11006 other person;
11007 (ii) money lent to the filing entity by a financial institution in the ordinary course of
11008 business;
11009 (iii) goods or services provided for the benefit of a political entity at less than fair
11010 market value that are not authorized by or coordinated with the political entity; or
11011 (iv) data or information described in Subsection (24)(b).
11012 (7) "Coordinated with" means that goods or services provided for the benefit of a
11013 political entity are provided:
11014 (a) with the political entity's prior knowledge, if the political entity does not object;
11015 (b) by agreement with the political entity;
11016 (c) in coordination with the political entity; or
11017 (d) using official logos, slogans, and similar elements belonging to a political entity.
11018 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
11019 organization that is registered as a corporation or is authorized to do business in a state and
11020 makes any expenditure from corporate funds for:
11021 (i) the purpose of expressly advocating for political purposes; or
11022 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
11023 proposition.
11024 (b) "Corporation" does not mean:
11025 (i) a business organization's political action committee or political issues committee; or
11026 (ii) a business entity organized as a partnership or a sole proprietorship.
11027 (9) "County political party" means, for each registered political party, all of the persons
11028 within a single county who, under definitions established by the political party, are members of
11029 the registered political party.
11030 (10) "County political party officer" means a person whose name is required to be
11031 submitted by a county political party to the lieutenant governor in accordance with Section
11032 
20A-8-402
.
11033 (11) "Detailed listing" means:
11034 (a) for each contribution or public service assistance:
11035 (i) the name and address of the individual or source making the contribution or public
11036 service assistance, except to the extent that the name or address of the individual or source is
11037 unknown;
11038 (ii) the amount or value of the contribution or public service assistance; and
11039 (iii) the date the contribution or public service assistance was made; and
11040 (b) for each expenditure:
11041 (i) the amount of the expenditure;
11042 (ii) the goods or services acquired by the expenditure; and
11043 (iii) the date the expenditure was made.
11044 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
11045 for membership in the corporation, to a corporation without receiving full and adequate
11046 consideration for the money.
11047 (b) "Donor" does not include a person that signs a statement that the corporation may
11048 not use the money for an expenditure or political issues expenditure.
11049 (13) "Election" means each:
11050 (a) regular general election;
11051 (b) regular primary election; and
11052 (c) special election at which candidates are eliminated and selected.
11053 (14) "Electioneering communication" means a communication that:
11054 (a) has at least a value of $10,000;
11055 (b) clearly identifies a candidate or judge; and
11056 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
11057 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
11058 identified candidate's or judge's election date.
11059 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
11060 agent of a reporting entity on behalf of the reporting entity:
11061 (i) any disbursement from contributions, receipts, or from the separate bank account
11062 required by this chapter;
11063 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
11064 or anything of value made for political purposes;
11065 (iii) an express, legally enforceable contract, promise, or agreement to make any
11066 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
11067 value for political purposes;
11068 (iv) compensation paid by a filing entity for personal services rendered by a person
11069 without charge to a reporting entity;
11070 (v) a transfer of funds between the filing entity and a candidate's personal campaign
11071 committee;
11072 (vi) goods or services provided by the filing entity to or for the benefit of another
11073 reporting entity for political purposes at less than fair market value; or
11074 (vii) an independent expenditure, as defined in Section 
20A-11-1702
.
11075 (b) "Expenditure" does not include:
11076 (i) services provided without compensation by individuals volunteering a portion or all
11077 of their time on behalf of a reporting entity;
11078 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
11079 business; or
11080 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
11081 candidates for office or officeholders in states other than Utah.
11082 (16) "Federal office" means the office of president of the United States, United States
11083 Senator, or United States Representative.
11084 (17) "Filing entity" means the reporting entity that is required to file a financial
11085 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
11086 (18) "Financial statement" includes any summary report, interim report, verified
11087 financial statement, or other statement disclosing contributions, expenditures, receipts,
11088 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
11089 Retention Elections.
11090 (19) "Governing board" means the individual or group of individuals that determine the
11091 candidates and committees that will receive expenditures from a political action committee,
11092 political party, or corporation.
11093 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
11094 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
11095 metro township.
11096 (21) "Incorporation election" means the election conducted under Section 
10-2a-210
 or
11097 
10-2a-404
.
11098 (22) "Incorporation petition" means a petition described in Section 
10-2a-208
.
11099 (23) "Individual" means a natural person.
11100 (24) (a) "In-kind contribution" means anything of value, other than money, that is
11101 accepted by or coordinated with a filing entity.
11102 (b) "In-kind contribution" does not include survey results, voter lists, voter contact
11103 information, demographic data, voting trend data, or other information that:
11104 (i) is not commissioned for the benefit of a particular candidate or officeholder; and
11105 (ii) is offered at no cost to a candidate or officeholder.
11106 (25) "Interim report" means a report identifying the contributions received and
11107 expenditures made since the last report.
11108 (26) "Legislative office" means the office of state senator, state representative, speaker
11109 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
11110 whip of any party caucus in either house of the Legislature.
11111 (27) "Legislative office candidate" means a person who:
11112 (a) files a declaration of candidacy for the office of state senator or state representative;
11113 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
11114 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
11115 assistant whip of any party caucus in either house of the Legislature; or
11116 (c) receives contributions, makes expenditures, or gives consent for any other person to
11117 receive contributions or make expenditures to bring about the person's nomination, election, or
11118 appointment to a legislative office.
11119 (28) "Loan" means any of the following provided by a person that benefits a filing
11120 entity if the person expects repayment or reimbursement:
11121 (a) an expenditure made using any form of payment;
11122 (b) money or funds received by the filing entity;
11123 (c) the provision of a good or service with an agreement or understanding that payment
11124 or reimbursement will be delayed; or
11125 (d) use of any line of credit.
11126 (29) "Major political party" means either of the two registered political parties that
11127 have the greatest number of members elected to the two houses of the Legislature.
11128 (30) "Officeholder" means a person who holds a public office.
11129 (31) "Party committee" means any committee organized by or authorized by the
11130 governing board of a registered political party.
11131 (32) "Person" means both natural and legal persons, including individuals, business
11132 organizations, personal campaign committees, party committees, political action committees,
11133 political issues committees, and labor organizations, as defined in Section 
20A-11-1501
.
11134 (33) "Personal campaign committee" means the committee appointed by a candidate to
11135 act for the candidate as provided in this chapter.
11136 (34) "Personal use expenditure" has the same meaning as provided under Section
11137 
20A-11-104
.
11138 (35) (a) "Political action committee" means an entity, or any group of individuals or
11139 entities within or outside this state, a major purpose of which is to:
11140 (i) solicit or receive contributions from any other person, group, or entity for political
11141 purposes; or
11142 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
11143 vote for or against any candidate or person seeking election to a municipal or county office.
11144 (b) "Political action committee" includes groups affiliated with a registered political
11145 party but not authorized or organized by the governing board of the registered political party
11146 that receive contributions or makes expenditures for political purposes.
11147 (c) "Political action committee" does not mean:
11148 (i) a party committee;
11149 (ii) any entity that provides goods or services to a candidate or committee in the regular
11150 course of its business at the same price that would be provided to the general public;
11151 (iii) an individual;
11152 (iv) individuals who are related and who make contributions from a joint checking
11153 account;
11154 (v) a corporation, except a corporation a major purpose of which is to act as a political
11155 action committee; or
11156 (vi) a personal campaign committee.
11157 (36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
11158 by another person on behalf of and with the knowledge of the reporting entity, to provide
11159 political advice to the reporting entity.
11160 (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
11161 where the person:
11162 (i) has already been paid, with money or other consideration;
11163 (ii) expects to be paid in the future, with money or other consideration; or
11164 (iii) understands that the person may, in the discretion of the reporting entity or another
11165 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
11166 money or other consideration.
11167 (37) "Political convention" means a county or state political convention held by a
11168 registered political party to select candidates.
11169 (38) "Political entity" means a candidate, a political party, a political action committee,
11170 or a political issues committee.
11171 (39) (a) "Political issues committee" means an entity, or any group of individuals or
11172 entities within or outside this state, a major purpose of which is to:
11173 (i) solicit or receive donations from any other person, group, or entity to assist in
11174 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
11175 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
11176 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
11177 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
11178 proposed ballot proposition or an incorporation in an incorporation election; or
11179 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
11180 ballot or to assist in keeping a ballot proposition off the ballot.
11181 (b) "Political issues committee" does not mean:
11182 (i) a registered political party or a party committee;
11183 (ii) any entity that provides goods or services to an individual or committee in the
11184 regular course of its business at the same price that would be provided to the general public;
11185 (iii) an individual;
11186 (iv) individuals who are related and who make contributions from a joint checking
11187 account;
11188 (v) a corporation, except a corporation a major purpose of which is to act as a political
11189 issues committee; or
11190 (vi) a group of individuals who:
11191 (A) associate together for the purpose of challenging or supporting a single ballot
11192 proposition, ordinance, or other governmental action by a county, city, town, [
local
] 
special
11193 district, special service district, or other local political subdivision of the state;
11194 (B) have a common liberty, property, or financial interest that is directly impacted by
11195 the ballot proposition, ordinance, or other governmental action;
11196 (C) do not associate together, for the purpose described in Subsection (39)(b)(vi)(A),
11197 via a legal entity;
11198 (D) do not receive funds for challenging or supporting the ballot proposition,
11199 ordinance, or other governmental action from a person other than an individual in the group;
11200 and
11201 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
11202 (39)(b)(vi)(A).
11203 (40) (a) "Political issues contribution" means any of the following:
11204 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
11205 anything of value given to a political issues committee;
11206 (ii) an express, legally enforceable contract, promise, or agreement to make a political
11207 issues donation to influence the approval or defeat of any ballot proposition;
11208 (iii) any transfer of funds received by a political issues committee from a reporting
11209 entity;
11210 (iv) compensation paid by another reporting entity for personal services rendered
11211 without charge to a political issues committee; and
11212 (v) goods or services provided to or for the benefit of a political issues committee at
11213 less than fair market value.
11214 (b) "Political issues contribution" does not include:
11215 (i) services provided without compensation by individuals volunteering a portion or all
11216 of their time on behalf of a political issues committee; or
11217 (ii) money lent to a political issues committee by a financial institution in the ordinary
11218 course of business.
11219 (41) (a) "Political issues expenditure" means any of the following when made by a
11220 political issues committee or on behalf of a political issues committee by an agent of the
11221 reporting entity:
11222 (i) any payment from political issues contributions made for the purpose of influencing
11223 the approval or the defeat of:
11224 (A) a ballot proposition; or
11225 (B) an incorporation petition or incorporation election;
11226 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
11227 the express purpose of influencing the approval or the defeat of:
11228 (A) a ballot proposition; or
11229 (B) an incorporation petition or incorporation election;
11230 (iii) an express, legally enforceable contract, promise, or agreement to make any
11231 political issues expenditure;
11232 (iv) compensation paid by a reporting entity for personal services rendered by a person
11233 without charge to a political issues committee; or
11234 (v) goods or services provided to or for the benefit of another reporting entity at less
11235 than fair market value.
11236 (b) "Political issues expenditure" does not include:
11237 (i) services provided without compensation by individuals volunteering a portion or all
11238 of their time on behalf of a political issues committee; or
11239 (ii) money lent to a political issues committee by a financial institution in the ordinary
11240 course of business.
11241 (42) "Political purposes" means an act done with the intent or in a way to influence or
11242 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
11243 against any:
11244 (a) candidate or a person seeking a municipal or county office at any caucus, political
11245 convention, or election; or
11246 (b) judge standing for retention at any election.
11247 (43) (a) "Poll" means the survey of a person regarding the person's opinion or
11248 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
11249 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
11250 person or by telephone, facsimile, Internet, postal mail, or email.
11251 (b) "Poll" does not include:
11252 (i) a ballot; or
11253 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
11254 (A) the focus group consists of more than three, and less than thirteen, individuals; and
11255 (B) all individuals in the focus group are present during the interview.
11256 (44) "Primary election" means any regular primary election held under the election
11257 laws.
11258 (45) "Publicly identified class of individuals" means a group of 50 or more individuals
11259 sharing a common occupation, interest, or association that contribute to a political action
11260 committee or political issues committee and whose names can be obtained by contacting the
11261 political action committee or political issues committee upon whose financial statement the
11262 individuals are listed.
11263 (46) "Public office" means the office of governor, lieutenant governor, state auditor,
11264 state treasurer, attorney general, state school board member, state senator, state representative,
11265 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
11266 assistant whip of any party caucus in either house of the Legislature.
11267 (47) (a) "Public service assistance" means the following when given or provided to an
11268 officeholder to defray the costs of functioning in a public office or aid the officeholder to
11269 communicate with the officeholder's constituents:
11270 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
11271 money or anything of value to an officeholder; or
11272 (ii) goods or services provided at less than fair market value to or for the benefit of the
11273 officeholder.
11274 (b) "Public service assistance" does not include:
11275 (i) anything provided by the state;
11276 (ii) services provided without compensation by individuals volunteering a portion or all
11277 of their time on behalf of an officeholder;
11278 (iii) money lent to an officeholder by a financial institution in the ordinary course of
11279 business;
11280 (iv) news coverage or any publication by the news media; or
11281 (v) any article, story, or other coverage as part of any regular publication of any
11282 organization unless substantially all the publication is devoted to information about the
11283 officeholder.
11284 (48) "Receipts" means contributions and public service assistance.
11285 (49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11,
11286 Lobbyist Disclosure and Regulation Act.
11287 (50) "Registered political action committee" means any political action committee that
11288 is required by this chapter to file a statement of organization with the Office of the Lieutenant
11289 Governor.
11290 (51) "Registered political issues committee" means any political issues committee that
11291 is required by this chapter to file a statement of organization with the Office of the Lieutenant
11292 Governor.
11293 (52) "Registered political party" means an organization of voters that:
11294 (a) participated in the last regular general election and polled a total vote equal to 2%
11295 or more of the total votes cast for all candidates for the United States House of Representatives
11296 for any of its candidates for any office; or
11297 (b) has complied with the petition and organizing procedures of Chapter 8, Political
11298 Party Formation and Procedures.
11299 (53) (a) "Remuneration" means a payment:
11300 (i) made to a legislator for the period the Legislature is in session; and
11301 (ii) that is approximately equivalent to an amount a legislator would have earned
11302 during the period the Legislature is in session in the legislator's ordinary course of business.
11303 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
11304 (i) the legislator's primary employer in the ordinary course of business; or
11305 (ii) a person or entity in the ordinary course of business:
11306 (A) because of the legislator's ownership interest in the entity; or
11307 (B) for services rendered by the legislator on behalf of the person or entity.
11308 (54) "Reporting entity" means a candidate, a candidate's personal campaign committee,
11309 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
11310 action committee, a political issues committee, a corporation, or a labor organization, as
11311 defined in Section 
20A-11-1501
.
11312 (55) "School board office" means the office of state school board.
11313 (56) (a) "Source" means the person or entity that is the legal owner of the tangible or
11314 intangible asset that comprises the contribution.
11315 (b) "Source" means, for political action committees and corporations, the political
11316 action committee and the corporation as entities, not the contributors to the political action
11317 committee or the owners or shareholders of the corporation.
11318 (57) "State office" means the offices of governor, lieutenant governor, attorney general,
11319 state auditor, and state treasurer.
11320 (58) "State office candidate" means a person who:
11321 (a) files a declaration of candidacy for a state office; or
11322 (b) receives contributions, makes expenditures, or gives consent for any other person to
11323 receive contributions or make expenditures to bring about the person's nomination, election, or
11324 appointment to a state office.
11325 (59) "Summary report" means the year end report containing the summary of a
11326 reporting entity's contributions and expenditures.
11327 (60) "Supervisory board" means the individual or group of individuals that allocate
11328 expenditures from a political issues committee.
11329 Section 245. Section 
20A-11-1202
 is amended to read:
11330 
20A-11-1202.
Definitions.
11331 As used in this part:
11332 (1) "Applicable election officer" means:
11333 (a) a county clerk, if the email relates only to a local election; or
11334 (b) the lieutenant governor, if the email relates to an election other than a local
11335 election.
11336 (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
11337 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
11338 the voters for their approval or rejection.
11339 (3) "Campaign contribution" means any of the following when done for a political
11340 purpose or to advocate for or against a ballot proposition:
11341 (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
11342 given to a filing entity;
11343 (b) an express, legally enforceable contract, promise, or agreement to make a gift,
11344 subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
11345 of value to a filing entity;
11346 (c) any transfer of funds from another reporting entity to a filing entity;
11347 (d) compensation paid by any person or reporting entity other than the filing entity for
11348 personal services provided without charge to the filing entity;
11349 (e) remuneration from:
11350 (i) any organization or the organization's directly affiliated organization that has a
11351 registered lobbyist; or
11352 (ii) any agency or subdivision of the state, including a school district; or
11353 (f) an in-kind contribution.
11354 (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
11355 agency that receives its revenues from conduct of its commercial operations.
11356 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
11357 cooperation agency that receives some or all of its revenues from:
11358 (i) government appropriations;
11359 (ii) taxes;
11360 (iii) government fees imposed for regulatory or revenue raising purposes; or
11361 (iv) interest earned on public funds or other returns on investment of public funds.
11362 (5) "Expenditure" means:
11363 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
11364 or anything of value;
11365 (b) an express, legally enforceable contract, promise, or agreement to make any
11366 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
11367 value;
11368 (c) a transfer of funds between a public entity and a candidate's personal campaign
11369 committee;
11370 (d) a transfer of funds between a public entity and a political issues committee; or
11371 (e) goods or services provided to or for the benefit of a candidate, a candidate's
11372 personal campaign committee, or a political issues committee for political purposes at less than
11373 fair market value.
11374 (6) "Filing entity" means the same as that term is defined in Section 
20A-11-101
.
11375 (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
11376 agency that receives some or all of its revenues from:
11377 (a) government appropriations;
11378 (b) taxes;
11379 (c) government fees imposed for regulatory or revenue raising purposes; or
11380 (d) interest earned on public funds or other returns on investment of public funds.
11381 (8) "Influence" means to campaign or advocate for or against a ballot proposition.
11382 (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
11383 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
11384 [
(10) "Local district" means an entity under Title 17B, Limited Purpose Local
11385 
Government Entities - Local Districts, and includes a special service district under Title 17D,
11386 
Chapter 1, Special Service District Act.
]
11387 [
(11)
] 
(10)
 "Political purposes" means an act done with the intent or in a way to
11388 influence or intend to influence, directly or indirectly, any person to refrain from voting or to
11389 vote for or against any:
11390 (a) candidate for public office at any caucus, political convention, primary, or election;
11391 or
11392 (b) judge standing for retention at any election.
11393 [
(12)
] 
(11)
 "Proposed initiative" means an initiative proposed in an application filed
11394 under Section 
20A-7-202
 or 
20A-7-502
.
11395 [
(13)
] 
(12)
 "Proposed referendum" means a referendum proposed in an application
11396 filed under Section 
20A-7-302
 or 
20A-7-602
.
11397 [
(14)
] 
(13)
 (a) "Public entity" includes the state, each state agency, each county,
11398 municipality, school district, [
local
] 
special
 district, governmental interlocal cooperation
11399 agency, and each administrative subunit of each of them.
11400 (b) "Public entity" does not include a commercial interlocal cooperation agency.
11401 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
11402 Department of Health Organization.
11403 [
(15)
] 
(14)
 (a) "Public funds" means any money received by a public entity from
11404 appropriations, taxes, fees, interest, or other returns on investment.
11405 (b) "Public funds" does not include money donated to a public entity by a person or
11406 entity.
11407 [
(16)
] 
(15)
 (a) "Public official" means an elected or appointed member of government
11408 with authority to make or determine public policy.
11409 (b) "Public official" includes the person or group that:
11410 (i) has supervisory authority over the personnel and affairs of a public entity; and
11411 (ii) approves the expenditure of funds for the public entity.
11412 [
(17)
] 
(16)
 "Reporting entity" means the same as that term is defined in Section
11413 
20A-11-101
.
11414 
(17) (a) "Special district" means an entity under Title 17B, Limited Purpose Local
11415 
Government Entities - Special Districts.
11416 
(b) "Special district" includes a special service district under Title 17D, Chapter 1,
11417 
Special Service District Act.
11418 (18) (a) "State agency" means each department, commission, board, council, agency,
11419 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
11420 unit, bureau, panel, or other administrative unit of the state.
11421 (b) "State agency" includes the legislative branch, the Utah Board of Higher Education,
11422 each institution of higher education board of trustees, and each higher education institution.
11423 Section 246. Section 
20A-17-103
 is amended to read:
11424 
20A-17-103.
Posting political signs on public property.
11425 (1) As used in this section:
11426 (a) "Local government entity" means:
11427 (i) a county, municipality, or other political subdivision;
11428 (ii) a [
local
] 
special
 district, as defined in Section 
17B-1-102
;
11429 (iii) a special service district, as defined in Section 
17D-1-102
;
11430 (iv) a local building authority, as defined in Section 
17D-2-102
;
11431 (v) a conservation district, as defined in Section 
17D-3-102
;
11432 (vi) an independent entity, as defined in Section 
63E-1-102
;
11433 (vii) a public corporation, as defined in Section 
63E-1-102
;
11434 (viii) a public transit district, organized under Title 17B, Chapter 2a, Part 8, Public
11435 Transit District Act;
11436 (ix) a school district;
11437 (x) a public school, including a charter school or other publicly funded school;
11438 (xi) a state institution of higher education;
11439 (xii) an entity that expends public funds; and
11440 (xiii) each office, agency, or other division of an entity described in Subsections
11441 (1)(a)(i) through (xii).
11442 (b) "Political sign" means any sign or document that advocates:
11443 (i) the election or defeat of a candidate for public office; or
11444 (ii) the approval or defeat of a ballot proposition.
11445 (c) (i) "Public property" means any real property, building, or structure owned or leased
11446 by a local government entity.
11447 (ii) "Public property" does not include any real property, building, or structure during a
11448 period of time that the real property, building, or structure is rented out by a government entity
11449 to a private party for a meeting, convention, or similar event.
11450 (2) A local government entity, a local government officer, a local government
11451 employee, or another person with authority or control over public property that posts or permits
11452 a person to post a political sign on public property:
11453 (a) shall permit any other person to post a political sign on the public property, subject
11454 to the same requirements and restrictions imposed on all other political signs permitted to be
11455 posted on the public property; and
11456 (b) may not impose a requirement or restriction on the posting of a political sign if the
11457 requirement or restriction is not politically neutral and content neutral.
11458 Section 247. 
Repealer.
11459 This bill repeals:
11460 Section 
17B-1-101
,
Title.
11461 Section 
17B-2a-101
,
Title.
11462 Section 248. 
Effective date -- Retrospective operation.
11463 
(1) If approved by two-thirds of all the members elected to each house, this bill takes
11464 
effect upon approval by the governor, or the day following the constitutional time limit of Utah
11465 
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
11466 
the date of veto override.
11467 
(2) Section 
17B-1-218
, enacted by this bill, has retrospective operation to January 1,
11468 
2023.
11469 Section 249. 
Revisor instructions.
11470 
The Legislature intends that the Office of Legislative Research and General Counsel, in
11471 
preparing the Utah Code database for publication, not enroll this bill if H.B. 77, Local District
11472 
Revisions, does not pass.
11473 
The Legislature intends that the Office of Legislative Research and General Counsel, in
11474 
preparing the Utah Code database for publication, on May 3, 2023, replace "local district" with
11475 
"special district" in any new language added to the Utah Code by legislation passed during the
11476 
General Session.